Reforming financial guardianship in Kuwait’s Civil Code: lessons from international and regional frameworks

Abstract The age of majority in Kuwait is 21, with the financial guardianship laws of the Civil Code determining that the inheritance or property of minor citizens is governed by a guardian. The guardian is patriarchally determined to be the minor’s father, unless absent or deemed unfit, in which case guardianship falls to the paternal grandfather, or a third choice selected by a court. Meanwhile, the Juveniles Act recognizes those under 18 as children. This leaves a citizen between the ages of 18 and 21 as neither adult nor child, unable to make independent financial decisions. Guardianship fulfils a duty of care to avoid the exploitation of young people and the excessive pressure of making life-changing decisions with a lack of knowledge or experience. However, a majority age of 21 is internationally considered outdated, with most nations positioning the age of majority at 18. Technological advances have improved access to personal financial information, leaving young people better placed to make financial choices. This article examines inconsistences in age requirements across Kuwaiti civil law and, in comparison with other legislative jurisdictions, including other GCC nations, such as Saudi Arabia, and England and Wales. The article concludes that reforms to guardianship in civil laws should align Kuwait’s law of majority with international standards.