المصادرة تعزيزا لمكافحة غسل الأموال بين الشريعة و القانون الكويتي

Abstract EN

This research identified the nature of Money-Laundering processes, and the underlying fraud and deceit practiced to conceal the source of the money.

Such money is usually illegally acquired through various crimes prohibited by force of law and Sharia.

Illegally acquired money is then re-formed to enable the owner to escape from accountability.

The research shed light on the sources of the money subjected to money-laun dering.

Phases of the process were discussed, starting the method of deposit at the banks, ways of conceal and merge to make it seem as legal, to the resulting adverse impacts.

and stating their Sharia judgments for.

The research also highlighted the role and the legality of confiscation as a discretionary punishment (Ta'zir) of Anti-Money Laundering as well as methods of confiscation as a discretionary punishment (Ta'zir) of Anti-Money Laundering as stipulated in Islamic Sharia were along with the related articles within the Kuwaiti Civil Law.

To state this, the researcher applied the inductive, analytical, and compara tive method.

Being illegally acquired, the money subjected to money-laundering pro cesses was proved by the research to be prohibited by Islamic Sharia.

In contradiction to the purposes of the Islamic Sharia, such money was acquired through fraud and deceit.

Therefore, upon convicting the owner, confiscation aligns to the Islamic Sharia which permits confiscation as a financial discipline method till the convict is disci plined, rebuked and punished by suitable punishment according to the type of crime committed thereby.