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Absence of legal awareness remains a common societal problem: Lawyers

Around 2,740 legal cases being filed in Kuwait courts daily

KUWAIT: Around 2,740 legal cases were filed daily before Kuwait’s courts in 2023, according to recent statistics issued by the ministry of justice. This raises a question — if people become aware that some of the acts that they encounter in their daily lives are considered as crimes that are punishable by law, would the rate of legal disputes remain this high?

Even with the development of technologies and easier access to all types of information, building legal literacy still doesn’t count as one of the public’s priorities, said lawyer Aljawhara Abdulredha. “People only seek legal consultation after a legal dispute has already taken place, oblivious to the fact that laws have been there in the first place to protect them from getting involved in these kinds of disputes,” said Abdulredha.

Almost everything in this world is affected by law in some way, as Abdulredha said, referring to political, economic or social aspects of life. So, gaining basic legal awareness or seeking lawyers’ advice in advance before disputes arise is undoubtedly a necessity, she noted.

Abdulredha believes that the cause of this illiteracy is driven by the fear of breaking the norms and standards of society, which encourages people to always stay on the safe side and avoid problems, which results in depriving them of many of their rights. “Society judges a person who frequently asks about their rights as a troublemaker,” she affirmed.

Even when people try to learn more about this integral aspect of life, they mostly derive their information from uncredible sources, either from unprofessional people or from random social media platforms, Abdulredha pointed out. She advised people to always refer to trustworthy lawyers, highlighting the fact that to avoid being misled, they should study the lawyers’ backgrounds and histories very well before consulting them.

Lawyer Sultan Al-Shemali said: “Legal awareness is crucial based on the legal principle that says, ‘the law does not protect fools’, which means claiming that you committed a crime or lost your legal rights due to lack of legal knowledge doesn’t count as an excuse.”

Shemali referred to a popular law that many people don’t know of, which is, the “statute of limitations”. It is a law that specifies a period of time a person has to file a lawsuit against a company or an individual after an alleged offense takes place.

An example of this, he noted, is in the cybercrimes law. For instance, after facing abuse by someone through social media platforms, one’s right to file a complaint against this person remains valid only within six months. After this time limit, even if all the evidence indicates that this person committed a crime, there is a real risk that one will be timed out and won’t get justice.

Shemali referred to another common case, of someone asking a person to pay their money back. It is better to demand it within a 3-year limit, otherwise they might lose all their rights due to the statute of limitation. “You must have at least the basic knowledge of law to avoid losing your rights or getting yourself in trouble,” he emphasized.

Lawyer Nawaf Alwahaib highlighted one of the most common problems that result from legal illiteracy — people blindly signing official contracts without referring to a lawyer to help them decipher their content properly. Therefore, one might sign up without knowing the risk that they are taking under the contract, which might possibly contain various clauses that impose certain liabilities and risks against them.

Lawyer Lina Adlouni echoed all the previous lawyers’ statements: “Ignorance of the law is no excuse.” As Adlouni’s area of expertise is focused on the investment and business sector, she recalled encountering cases where lawsuits are filed between business partners or between employers and their employees, due to signing contracts without understanding all the rights and responsibilities that all parties should adhere to.

Adlouni mentioned multiple credible sources that people can derive basic legal information from, such as the government gazette Kuwait Alyawm, which is an official publication that notifies the public about the actions, decisions and legal notices of the government. In addition, she suggested following up with events that take place at the Kuwait Society of Lawyers, which mostly discuss the latest laws and regulations and are open to the public. Lastly, she encouraged following official government websites for legitimate information, such as of the ministry of justice.

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