Dr. Bader Khalid Al Khalifa
Associate Professor of Criminal Law – Chairman of the Board of Trustees – KILAW

Abstract:

This research examines the impact of Imam Malik’s doctrine on kuwaiti criminal law. Through an empirical study, it handles examples of the Criminal law and Maliki’s jurisprudence agreement on code of behaviour and penalty, and examples of agreement on code of behaviour but no penalty, as well as examples of their disagreement on both of code of behaviour and penalty. The importance of this study arises from the fact that much Kuwaiti legislation stems from Islamic Sharia, a law that conforms to the country’s traditions, customs and morals; jurists have exerted an effort to make its provisions match up challenges on the ground, a fact that was taken into consideration by the jurists’ jurisprudence as they were enacting status laws.
The study aims at identifying the points of agreements and disagreements between Malik’s doctrine and Kuwaiti Criminal law to find solutions to these in the future to account for the Sharia provisions and sustain the interests of individuals and communities. It has reached several conclusions including the fact that only a few provisions of the penal code are consistent with Maliki jurisprudence, and that differences exist in other issues and rulings. The study acknowledges the importance of continuing to discuss convergences and differences between Islamic jurisprudence, Islamic provisions and status laws as this issue is of considerable interests.

Keywords: forensic evidence, DNA, genes, forensics, legitimation.

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