حرية التنقّل لغير محددي الجنسية (البدون) في الكويت: دراسة فقهية قانونية في ضوء المقاصد الشرعية والمواثيق الدولية

Abstract

This study examines freedom of movement for the stateless (Bidoon) population in Kuwait from two perspectives: purposive Islamic jurisprudence (Maqasid) and constitutional law. Adopting a comparative analytical approach and utilizing descriptive data, it assesses the gap between the theoretical principle of freedom and its practical realization, amidst limited official statistics and the topic's sensitivity. Findings reveal that the decisive factor restricting movement is not constitutional text, but administrative complexities and documentary requirements. This negatively impacts mobility, travel, employment, and education, generating cumulative socioeconomic consequences. From a Maqasid perspective, preserving dignity and alleviating hardship dictate that restrictions must not exceed necessity, preventing the right from being emptied of its core essence. The study concludes that a practical harmonization between public order and fundamental rights is essential. This requires cumulative procedural improvements in issuing basic documents for settled populations in Kuwait, without compromising legal verification tools. This approach aims to reduce daily frictions and expand access to services, thereby enhancing social stability and offering practical pathways to address this issue.