Kuwait’s Commercial Code No. 68 of 1980 continues to shape the country’s economic landscape. However, legal gender equality Articles 21 and 22 of this law stand out for the wrong reasons. These articles reveal outdated views on gender roles in business and deserve urgent review.
Currently, these provisions place a unique burden on foreign women seeking to start a business in Kuwait. If a woman is married under a communal property regime — common in many global legal systems — her husband must formally protest in Kuwait’s Commercial Register. This protest serves to shield him from being liable for any debts she may incur through her business activities.
However, the law does not apply the same rule in reverse. If a foreign man, under the exact same marital property system, opens a business, his wife has no legal option to file a protest. The law does not consider that she may be financially affected by her husband’s commercial activities. This unequal treatment creates a troubling double standard.
Kuwait’s law clearly falls short of it. Although Articles 21 and 22 aim to protect third parties, they do so in a way that treats women differently than men. That’s a problem not only in theory but in practice.
For instance, consider a foreign couple living in Kuwait. The wife opens a business. If her husband fails to file the required protest, he may suddenly face debt liability. Yet if the husband starts a business, the wife faces no such burden. This inconsistency causes confusion, creates legal risk, and reinforces an outdated notion that women are financial dependents while men are the primary actors in commerce.
Kuwait’s Constitution offers a powerful rebuttal to this mindset. Article 29 guarantees that all people are equal in dignity and before the law, with no discrimination based on race, origin, language, or religion. While the text does not explicitly mention gender, the principle of legal gender equality remains clear. A law that burdens one gender and not the other undermines this foundational constitutional value.
Furthermore, this outdated rule clashes with global legal trends. Many countries are reforming their commercial laws to reflect social realities. Women now lead companies, drive investments, and manage finances worldwide. Kuwait must not remain behind. It must align its business regulations with its constitutional values and global standards.
To ensure legal gender equality, Kuwait can revise Articles 21 and 22. A gender-neutral rule would allow either spouse to file a protest under a communal property regime. This change would still protect third-party creditors while eliminating bias. It would also increase legal clarity for families and investors.
Such reform is not just a legal update. It is a statement of fairness. Business knows no gender. Laws should not assume otherwise. As Kuwait works to attract foreign investment and promote entrepreneurship, ensuring fairness in its legal framework becomes even more crucial.
Dr. Abdullah Ahmed Alkayat, a law professor at Kuwait University, calls attention to this gap. His insights show that addressing gender inequality in commercial law is both necessary and overdue.
