Kuwait Reinstates Debt Imprisonment As An Enforcement Measure

In 2020, Kuwait issued a robust Bankruptcy Law (71/2020) which comprehensively revoked all provisions relating to the imprisonment of debtors. On 30 March 2025, about five years later, Kuwait reversed course and reinstated debtors' prison as a means to enforce civil and commercial debts.¹ The new amendments to the Civil and Commercial Pleadings Law (38/1980) ("Pleadings Law") also introduce new tools which aim to allow creditors to enforce judgments and trace debtors' assets effectively. This note aims to explore the historical context, substance and potential effects of these new amendments (the "2025 Amendments").

Historical Context and Justifications

Debtors' prison is a commonly used phrase to refer to the concept of imprisoning a person who fails to pay a debt they owe to another.² This concept is different to the situation wherein an offender is jailed or imprisoned for committing a criminal offence.