After the death of the Emir, get acquainted with the law on the rule of Kuwait and the articles of transferring the emirate and the mandate of the Covenant

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The Emir of Kuwait, Sheikh Sabah Al-Ahmad Al-Jaber Al-Sabah, passed away today, Tuesday, at the age of 91.

Regarding the legal details of the system of government in the State of Kuwait and the articles of the law of the inheritance of the emirate of the country, the official portal of the State of Kuwait stated that Article 4 of the constitution states that Kuwait is a hereditary emirate in the descendants of Mubarak Al-Sabah, and the crown prince shall be appointed within a year at most of the succession of the Emir, and his appointment shall be by order Emiri based on the recommendation of the Emir and the pledge of allegiance to the National Assembly, which takes place in a special session, with the approval of the majority of the members who make up the Council.

Article VI states that “the system of government in Kuwait is democratic, and sovereignty in it rests with the nation, the source of all powers.” The crown prince is also required to be of sound mind and legitimate son of Muslim parents.

He added that Kuwait is headed by the Emir of the country and its laws are legislated by the National Assembly consisting of 50 members who are elected every 4 years by free popular vote. The authorities in Kuwait are divided into legislative, executive and judicial branches, headed by the Emir. According to the constitution, the formation of parties is not permitted despite the existence of parliamentary blocs.

He continued: “The system of government in Kuwait is characterized by a combination of the parliamentary system and the presidential system, as all laws approved by the National Assembly become effective after the Emir signs them within a month of their issuance. And if a month passes without the Emir signing these laws, they become effective without signing them, as if he signed them.” If the Emir returns it to the council and approves it again, it becomes effective without the need for its signature. ”

Article 60 of the constitution also stipulates that “the Emir shall, before exercising his powers, take the oath in a special session of the National Assembly.

The Governance Law in the Emirate of Kuwait contains 5 articles pertaining to the Emir, which are as follows:

Article 1

Kuwait is a hereditary emirate in the descendants of Mubarak Al-Sabah.

Article 2

The Emir is the head of the state, and his person is inviolable. His title is “His Highness, the Emir of Kuwait.”

Article 3

In order for the Emir to exercise his constitutional powers, he must not lose one of the conditions that must be met by the Crown Prince. If one of these conditions is lost or the health capacity to exercise its powers is lost, then the Council of Ministers (after verifying this) must present the matter to the National Assembly immediately for consideration in a private secret session. If it is proven that the Council has categorically lost the condition or capacity foreseen, it shall decide, by a majority of two-thirds of the members that compose of them, to transfer the exercise of the prince’s powers to the Crown Prince temporarily or to transfer the presidency of the state to him permanently.

Article 4

If the position of the prince becomes vacant, the crown prince will be called a prince. If the position of the Emir becomes vacant before the appointment of the Crown Prince, the Council of Ministers will exercise all the powers of the head of state until the selection of the Emir, by the same procedures by which he pledges allegiance to the Crown Prince in the National Assembly in accordance with Article 4 of the Constitution. And the selection in this case must be made within 8 days of the vacancy of the position of the Emir.

Article 5

It is not permissible to dispute the prince with his name before the ruler.

One or more agents shall be appointed to the Emir, by an Emiri order, to undertake within the limits specified by the order appointing them the litigation procedures, and judicial papers in the affairs of the Emir are directed to them.

As for the Crown Prince Law, it includes 3 articles, namely:

Article one

The Crown Prince shall represent the Emir in exercising his constitutional powers in the event that he is absent outside the country in accordance with the terms and conditions set forth in Articles 61, 62, 63 and 64 of the Constitution.

The Emir may seek the assistance of the Crown Prince in any matter within the constitutional powers of the Head of State.

second subject

If the crown prince loses one of the conditions that must be met by him or loses the health ability to exercise his powers, the Emir refers the matter to the Council of Ministers and to the councils, in case of confirmation of this, to present the matter to the National Assembly immediately for consideration in a private secret session. And if the National Assembly has categorically proven the loss of the condition or capacity foreseen, it shall decide by the majority of the members who consist of them to transfer the exercise of the powers of the crown prince temporarily or to transfer the mandate of the crown permanently to others, all in accordance with the terms and conditions stipulated in Article 4 of the Constitution.

After announcing the news of the death, the Kuwaiti official channel began to stop broadcasting its programs and broadcast a reading of the Holy Quran.

The Amiri Diwan announced the death of the Emir of the country in a statement saying: “With great sadness and sorrow, we mourn to the Kuwaiti people, the Arab and Islamic nations, and the friendly peoples of the world, the death of the late His Highness Sheikh Sabah Al-Ahmad Al-Jaber Al-Sabah, Emir of the State of Kuwait who moved next to his Lord.”

And the Kuwait News Agency reported last July that Sheikh Sabah Al-Ahmad Al-Sabah had arrived in the United States to complete treatment.





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