“Al-Subaie” Clarifies the Legal Perspective on the Prohibition of Mixed-Gender
Kuwait University’s recent decision to Prohibition of Mixed-Gender classes and separate male and female students has sparked a storm of debate across social media, reigniting discussions on the balance between upholding conservative values and embracing academic openness. This article examines the legal and social context of the measure and highlights Attorney Abdulaziz Saud Al-Subaie’s statements affirming that the decision rests on a firmly established statute that cannot be overridden without formal legislative amendment.
The Gender Segregation Law: A Respected Legacy Since 1996
- The “Gender Mixing Ban” Law: A Time-Honored Legacy from 1996 The authority for today’s policy originates in the “Gender Mixing Ban” law, enacted by the National Assembly in 1996, which mandates separate seating for male and female students at all educational levels. Although challenged before the Constitutional Court in 2015, the statute was upheld as constitutional and remains in full force and effect. Attorney Al-Subaie explains: “The Gender Mixing Ban is not a novel concept; it dates back more than twenty-eight years and has never been amended or repealed. In 2015, the Constitutional Court reaffirmed that this law does not conflict with individual rights or public freedoms but rather reflects the will of society at the time of its enactment.”
Prohibition of Mixed-Gender A Shared Conservative Vision
According to Al-Subaie, any claim that the law is “regressive” overlooks that it was approved through the democratic process—embodied in the election of National Assembly members—and can only be changed by submitting a legislative amendment or repeal proposal to the Assembly, followed by committee review and a parliamentary vote.
- Preserving Identity: A Conservatively Shared Vision Supporters of the ban argue that segregating lecture halls reduces distractions and secondary social entanglements, thereby fostering a more focused learning environment. Al-Subaie notes: “Kuwaiti society prides itself on its conservative heritage and core values. Whether at home or in school, generations have been raised to respect the privacy of each gender and to avoid unnecessary intermixing.”
Opening Horizons or Closing Doors? Academic Opposition Perspectives
The themes of “privacy” and “behavioral discipline” resonate strongly among families and community leaders, especially in fields where classroom occupancy often exceeds seating capacity. Proponents maintain that gender separation allows university administrations to provide a quieter, more concentrated academic setting.
- Opening Horizons or Closing Doors? Voices of Academic Opposition Opponents contend that mixed‐gender classrooms enrich scholarly discourse and broaden student perspectives through direct male‐female interaction. A student in the College of Arts reflects: “Our previous mixed classes enabled us to draw on each other’s diverse experiences and participate in interactive group workshops. Separation will hinder this constructive cultural and social exchange.”
The Legislative Path: Amendment or Continuation?
Some faculty members concur, asserting that in-class diversity stimulates creativity and innovation and simulates the open society graduates will encounter in the workforce.
- Practical Challenges of Implementation Full gender segregation poses significant logistical demands: • Reallocating facilities—equipping additional classrooms and designating separate buildings for male and female students; • Adjusting schedules—harmonizing lecture and laboratory times to balance supply and demand; • Hiring supplementary staff—appointing teaching assistants to accommodate the potential increase in tutorial groups and lecture sections; • Rising operational costs—upholding legal compliance while maintaining educational quality without imposing steep tuition hikes.
Decree on the Prohibition of Mixed-Gender Classes in Universities
Al-Subaie emphasizes that although these hurdles do not negate the university’s obligation to enforce the Gender Mixing Ban, they do call for meticulous planning by university administrators to ensure uninterrupted, high-quality instruction.
- The Legislative Path: Amendment or Continuation? Al-Subaie delivers a clear message regarding any prospective revision: “If society wishes to review this law, the constitutional procedure is explicit: submit a proposal to the National Assembly, have the specialized committees deliberate, and then hold a vote. There is no alternative route to amend a constitutional statute.”
He adds that parliamentarians must represent their constituents’ views and take into account social and cultural developments before pursuing any changes, ensuring procedural integrity and alignment of legislation with contemporary needs.
- Toward a Middle Ground? A compromise may be achievable, such as segregating only certain disciplines or designating alternating mixed and single‐gender sessions, thereby allowing some level of academic openness without abandoning conservative values. Some have proposed forming university committees—including students and faculty—to monitor the decision’s impact and recommend pragmatic adjustments.
Conclusion
Conclusion Kuwait University’s enforcement of gender‐segregated classes underscores the enduring influence of the 1996 statute, upheld by the Constitutional Court, while the debate persists over its compatibility with modern educational paradigms and labor market requirements. Attorney Abdulaziz Saud Al-Subaie’s insights provide a definitive legal framework: the law remains binding unless and until the National Assembly enacts a formal amendment. As public opinion settles and legislators weigh in, university campuses and online forums will continue to host a vibrant dialogue between tradition and academic innovation.