The Check is a mode of payment and not a mode of guarantee
Allah the Almighty says:
"And if the debtor is in a hard time (has no money), then grant him time till its easy for him to repay, but if you remit it by way of charity, that is better for you if you did but know" (Al-Baqarah Sura (the Cow), Verse: 280)
Prophet Mohamed (Pbuh) says:
"He who wants to be under the shade of Allah on the day of judgement when there is no shade but that of Allah, he shall try to help the one who is in a hard time to get out of it or relieve him totally from this burden."
True was Prophet Mohamed (Pbuh)
Famous sayings by His Royal Highness, Prince of Kuwait:
"Kuwait needs stronger guarding from us, guarding that is not limited only to weapons, soldiers and watching the borders; it extends to every Kuwaiti self with awareness, alertness, caution and watchfulness."
In the name of Allah, the Most Merciful, the Most Compassionate
Kuwait Social Work Group
Social and Human Initiative
Due to the gravity of the "phenomenon of the constant increase in the cases of checks without balance", due to its related economic, financial, legal and legislative reasons, due to the resulting negative impacts on the individual, family and society, due to the problems resulting from this phenomenon, which threatens the entity of the Kuwaiti family, therefore, Kuwaiti Social Work Group, represented by Mr. Faysal Maziad Al-Masaud, has conducted a field study about this phenomenon through conducting a comprehensive survey for all the persons sentenced in cases of checks without balance of the residents of the Public Prison, Central Prison and Women Prison due to the indicators of anxiety shown by this phenomenon, which threats the intact Kuwaiti social structure.
The suffering of the sentenced persons' families:
The sentenced persons' families will suffer throughout successive decades from family destruction, the homelessness of their children and their high rates of deviation. Those children, if we do not surround them with our care and remedy, they will necessarily become criminals. This is very dangerous on the Kuwaiti society; in addition, firing those persons from their work because of issuing judiciary rulings against them, their early retirement or their resignation escaping from being pursued by the police who might them. This constitutes a waste for the dignity of the Kuwaiti citizen and his loss of his social rank and professional rank between his colleagues and superiors at work. Thus, the State's authorities loses its cadres who are experienced in their work and the future of the coming generations is threatened which in turn threatens the entity of society and its intact structure.
Escaping from homeland:
Those who were not subject to the enforcement of the rulings issued against them either escaped within the homeland to keep out of sight or escaped out of his homeland to keep away from the punishment stipulated by law. Consequently, the citizens of our homeland are scatted all over the countries of the world and this has its negative impacts.
Reasons of the phenomenon:
The reasons why some citizens are involved in cases of checks without balance are no longer unapparent for anyone. This phenomenon has arisen for reasons related to the abuse of financial facilities provided by banks and institutions and the attractive, offers provided by companies to encourage people to buy for monthly installments, the exploitation of some usurers and illusive offices because of the pertinent need of those involved and because they have no experience or knowledge of the circumstances of the market, its fraudulent transaction, cheating and deception in transactions. This is in addition to the fact that those involved persons get exposed to double-dealing methods, the cheating of financial crises' brokers, and the non-payment of others for them their financial rights; therefore, they fall prey to repeated financial crises, lose their financial liquidity which enables them to continue managing their limited business and because of market fluctuation, they find themselves unable to continue.
The negative impacts of the phenomenon:
1- The involved person sell all they have including houses, premises, cars or any thing for very low prices.
2- They are forced by their severe financial crises to sign very prejudicing compliance contracts for tremendous usurious interests, which their limited projects can not yield any profit that can cover a small part of the high usurious interests.
3- Those people are exposed to bargains for their reputation, social rank and they get exposed to pressures out of this.
4- They do works that are against the law for fear of being shown up or being exposed to imprisonment because of their inability to pay.
5- The owners of checks get exposed to revenge to achieve immoral purposes by beneficiaries thereof who have bad intentions, threaten the dignity of our homeland. Those beneficiaries harbor behind other crimes such as threat, pressure, coercion, blackmail, fraud, cheating and revenge from the reputation of citizens.
6- Harming social life and losing trust among those transacting in the check.
7- The trickery from the part of brokers and beneficiaries of the use of checks as a mode of guarantee; those people force the person who is being exposed to financial crises to sell the family house under the pressure of need and to avoid the punishment of imprisonment. This action is in contraction to the Act issued by His Royal Highness, the Prince of Kuwait, stipulating that the family house shall not be sold to repay the debts of one of its members.
This trickery requires encountering it decisively so as to prevent blackmailing citizens and the destruction of the family ties.
Encountering the phenomenon and remedying it:
The number of person imprisoned in cases of checks are very horrible. What makes us more worried is the repercussions and negative impacts resulting from this phenomenon. This requires all those concerned with law and legislation to reconsider incriminating the cases of checks and that it is necessary to change it from a felony to a misdemeanor after it had been proved through official statistics that changing the crimes of check from a misdemeanor into a felony did not achieve the aims of the legislator from applying stricter punishment. This is in addition to the burdens borne by the State including huge financial burdens as well as the security, judicial burdens and remedying the negative impacts resulting from this phenomenon on the economic and social life.
The decisive legislative encounter:
To decisively encounter this phenomenon, this requires reconsidering laws and legislation in such a way that keeps up with social and economic changes undergone by society in such a way that keeps society structure stable and intact. Whereas Article 237 of the Penal Code no. 16 for the year 1960 has considered it a misdemeanor and this article was amended by Law no. 15 for the year 1978 which considered the crimes of the check a felony and whereas the legislator aimed at applying stricter punishment, in an attempt to minimize the constant increase in the crimes of checks without balance, was not achieved and the rate of crimes of checks without balance went up. Prisons got over-crowded with the committers of these crimes and anyone who goes back faces the enforcement of punishments for other checks. Thus, the use of check has got out of the purpose it was to be used for as a mode of payment and has become a mode of guarantee. It has become a means of threat and blackmail and companies can use it as a substitute for bills of exchange or binding contract to avoid the legal consequences resulting on the crimes of check in the light of the present law. In an attempt to minimize this crime of the check, we find it better to amend this current legislation by changing the check crimes from a felony to a misdemeanor.
Kuwait Social Work Group calls people who has solutions in their hands, people of legislation, law, political leadership and all those concerned for keeping the social structure intact, keeping the dignity of the citizen, prosperity of Kuwaiti economy and regaining trust in the check as a mode of payment. We suggest amending the stipulation of Article 237 of Law no. 15 of the year 1978 so as to become as it was in Law no. 16 for the year 1960, i.e., changing it from a felony into a misdemeanor. Thus, the intervention of the Kuwaiti legislator is considered an essential contribution in remedying this phenomenon and minimizing its negative impacts. This is because our Kuwaiti society is based upon solidarity and integration since antiquity. Due to the fact that the people of Kuwait like the good for all and seek retribution from Allah, and they are still keeping to their solidarity and collaboration, especially at hard times, we hope support for what we are seeking for the good of that dear homeland, hoping retribution from Allah the Almighty. We pray that may Allah keep Kuwait protected against any harm and make a country of security and safety in the light of the leadership of His Royal Highness and His Crown Prince and our guided government.
Kuwait Social Work Group
Faysal Maziad Al-Masaud
Kuwait Social Work Group in brief lines:
· The Group comprises consultants, experts and researchers in several fields: social, psychological, legal, economical fields, work relations and performance evaluation.
· The Group plans for studies and researches in several fields that are related to the issues, problems and concerns of society.
· The Group designs questionnaires, research forms, explorations of opinion with the knowledge of experts and specialized people.
· The Group analyzes information, extracts findings of researches and studies and set plans for remedying all the problems posed before it.
· The group presents social and human initiatives in regards of negative social problems and phenomenon.
· Contributing to solving problems, supporting official efforts in regards thereof.
· The Group does not aim at achieving profits from these services because it works for serving society issues.
Bets Regards,
Kuwait Social Work Group, |