The legal status of the wife as a creditor of alimony: A study in the light of the Kuwaiti Personal Status Law

Abstract

Objectives: This study tackled the legal status of women in the marriage contract as “creditor party”, within the light of the provisions of the Kuwaiti Personal Status Law. The study reviewed the issue of marital bond balance, where the law guarantees the wife the right to marital maintenance in return for her commitment to husband obedience. In this regard, the study investigates the wife’s right to alimony and the corresponding issues of her commitment to obedience. Method: The study is based on the analytical method, using the rules of logical reasoning; where the text is presented to be inferred by its phrase or content on the intent of its author, and then concludes with a discussion of its consequences. Results: One of the most important results we figured were two; the first is that the provisions of Islamic Sharia, and the legal rules derived from it, are sufficient to establish the marital bond on a significant degree of balance between its two parties, an ideal balance compared to man-made laws; the second is that the legislator did not give due care to the formulation of some assumptions related to the basic rights of the parties to the relationship, leaving room for the discretion of the trial court. Conclusion: The study’s discussion provided an insight into whether linking the alimony right to husband obedience in the light of the provisions of the personal status law is the most important factor in achieving marital balance, stability, and family growth.