Shari’ah & Law - ޝަރީޢަތާއި ޤާނޫނު
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Item 2010 ގަވާއިދު ނަންބަރު 25-އާރ/2011 ދިވެހި ސިވިލް ސަރވިސްގެ ގަވާއިދު އަށް 4 ވަނަ އިޞްލާޙް ގެނައުން(ރައީސުލްޖުމްހޫރިއްޔާގެ އޮފީސް, 2011-06-07) ރައީސުލްޖުމްހޫރިއްޔާގެ އޮފީސް; Raeesuljumhooriyyaage OfficeItem 2010 ގަވާއިދު ނަންބަރު 26-އާރ/2011 މުދާ ގަންނަ ފަރާތްތަކާއި ޚިދުމަތް ލިބިގަންނަ ފަރާއިތައް ޙިމާޔަތް ކުރުމާބެހޭ ގަވައިދު(ރައީސުލްޖުމްހޫރިއްޔާގެ އޮފީސް, 2011-06-09) ރައީސުލްޖުމްހޫރިއްޔާގެ އޮފީސް; Raeesuljumhooriyyaage OfficeItem 2011 އިން 2016 ގެ އޮކްޓޫބަރ މަހުގެ ނިޔަލަށް ދިވެހިރާއްޖެ ހައިކޯޓަށް ހުށަހެޅުނު މައްސަލަތަކުގެ ޢަދަދާއި ބާވަތް(ދިވެހިރާއްޖެ ހައިކޯޓު, 2016) ދިވެހިރާއްޖެ ހައިކޯޓު; DhivehiRajjeyge HighcourtItem 2014 ވަނަ އަހަރުގެ ފުރަތަމަ 6 މަސް ދުވަހުގެ ތަފާސްހިސާބް(ދިވެހިރާއްޖެ ހައިކޯޓު, 2014) ދިވެހިރާއްޖެ ހައިކޯޓު; DhivehiRajjeyge HighcourtItem 2021 ވަނަ އަހަރު ތަފާތު ހިސާބު(ދިވެހިރާއްޖެ ހައިކޯޓު, 2021) ދިވެހިރާއްޖެ ހައިކޯޓު; DhivehiRajjeyge HighcourtItem A maqasid al-shari’ah based composite index to measure socioeconomic prosperity in OIC countries(International Islamic University Malaysia) Nizam, Ismail; Larbani, Moussa; އިސްމާއިލް ނާޒިމް; މޫސާ ލަރބާނީThis paper proposes a Maqāsid Al-Shari’ah based Composite Index to measure the performance of Socio-economic policies of OIC member countries. The paper employs Al-Imām Al-Ghazāli and AlImām Al-Shātibī’s Maqāsid Al-Shari’ah framework which was later further extended to contemporary socio-economic context by Chapra (2009). The paper also presents the findings of proposed composite index using a vast array of 101 variables for 57 OIC members, taking data from over 15 sources. The countries will be ranked according to the performance in terms of their achievement of Maqāsid Al-Shari’ah. The results portray overall composite index ranking, individual maqāsid index ranking (dīn index, nafs index, nasl index, māl index and ‘aql index). Further, results based on three key OIC member regions (Africa, Asia and Middle East) will be presented. The proposed index offers a new tool for measuring the performance of OIC member countries with respect to socio economic policies. It also shows the key areas of concern when it comes to the attainment of Maqāsid Al-Shari’ah in Muslim societies. The paper will also highlight the data availability in OIC countries and propose areas for further data collection and data management in order to accurately measure Maqāsid Al-Shari’ah.Item Attacks on justice : Republic of Maldives(International Commission of Jurists, 2008-07-11)Item Consideration of reports submitted by state parties under article 44 of the convention : third and fourth periodic reports of states parties due in 2011, Maldives(United Nations, 2013-10-14) United NationsItem Dhivehi Rajjeyge falhurahrashabehey gavaidh ( islaahuthakaiehku)(Dhivehi Sarukaaruge Gazette, 2020) މިނިސްޓްރީ އޮފް ފިޝަރީޒް، މެރިން ރިސޯސަސް އެންޑް އެގެރިކަލްޗަރ; Ministry of Fisheries, Marine Resources and AgricultureItem Discriminatory laws against women : a survey of the literature : policy research working paper 8719(World Bank, 2019-01) Roy, SanchariThis paper reviews the empirical literature on the existence and impact of gender discriminatory laws on women’s outcomes across various domains (categories) that constitute the Women in Business and the Law measure of gender inequality. The evidence to date suggests that there are significant negative consequences of legal gender discrimination on women’s outcomes. However, there is considerable variation in the depth of the literature across different domains. In addition, a significant share of the evidence for certain domains is drawn from developed countries, which raises questions about its relevance for developing countries. The literature also highlights some potential unintended consequences of well-intended policy interventions to address legal gender discrimination in certain domains. The paper concludes with a discussion of the various theories relating women’s legal rights to their outcomes.Item Fair trial standards in the Maldives : world day against the death penalty 2020(World Coalition Against the Death Penalty, Maldivian Democracy Network, 2023) World Coalition Against the Death Penalty, Maldivian Democracy NetworkItem Family law review report 2004(UNFPA Maldives, 2004-01-01) UNFPA MaldivesItem Item Gavaaidhu numbaru 70-R/2021 : regulation on first amendment to the regulation on corporate governance for banks, insurance companies and finance companies(ރައީސުލްޖުމްހޫރިއްޔާގެ އޮފީސް, 2021-05-15) Raeesuljumhooriyyaage OfficeItem Gavaaidhu number: 152-R/2021 : regulation on the Audit and Accountability of State-Owned Enterprises(ރައީސުލްޖުމްހޫރިއްޔާގެ އޮފީސް, 2021-11-22) ރައީސުލްޖުމްހޫރިއްޔާގެ އޮފީސް; Raeesul Jumhuriyyage OfficeItem Gavaaidhu number: 153-R/2021 : regulation for registration of Pubic Interest Entity Auditors(ރައީސުލްޖުމްހޫރިއްޔާގެ އޮފީސް, 2021-11-22) ރައީސުލްޖުމްހޫރިއްޔާގެ އޮފީސް; Raeesul Jumhuriyyage OfficeItem Gender equality act : unofficial translation : act Number: 18/2016(Maldivian Government Gazette, 2016-08-23)Item Gendered Laws : Policy Research Working Paper 9080(World Bank, 2019-12) Hyland, Marie; Djankov, Simeon; Goldberg, Pinelopi KoujianouThis paper offers for the first time a global picture of gender discrimination by the law as it affects women’s economic opportunity and charts the evolution of legal inequalities over five decades. Using the World Bank’s newly extended Women, Business and the Law database, the paper documents large and persistent gender inequalities, especially with regard to equal pay and treatment of parenthood. The paper finds positive associations between improvements in the law and several labor market outcomes, and establishes a small, but over time increasing, causal impact of more equal laws on higher female labor force participation.Item Gendered Laws and Women in the Workforce(World Bank, 2020-12) Hyland, Marie; Djankov, Simeon; Goldberg, KoujianouItem Human rights commisson act(2023)Item Independence of the judiciary(United Nations Development Programme, 2012) United Nations Development Programme; ޔުނައިޓެޑް ނޭޝަންސް ޑިވެލޮޕްމެންޓް ޕްރޮގުރާމްItem Justice adrift : rule of law and political crisis in the Maldives : a fact-finding mission report(The International Commission of Jurists, 2015-08) The International Commission of JuristsEXECUTIVE SUMMARY The promulgation of a new democratic constitution in 2008 heralded a move toward greater democracy in the Maldives after decades of authoritarian rule. The 2008 Constitution enshrined provisions to establish institutions of constitutional democracy, respect for rule of law, robust fundamental rights and the separation of powers. That same year, the country elected its first democratically elected president, followed one year later by the country’s first multi-party parliamentary election. However, after the assumption of power of a new government in 2013, many of these reforms have stalled and are even in danger of sliding back towards authoritarianism. Prompted by concerns regarding the independence of the judiciary and the deteriorating human rights situation in the country, a joint delegation of the South Asians for Human Rights (SAHR) and the International Commission of Jurists (ICJ) conducted a fact-finding mission to the Maldives from 5 to 13 May 2015. The purpose of the mission was to assess the human rights situation in the country after the current government assumed power in 2013; of particular concern was assessing the independence and impartiality of the judiciary and other independent institutions aimed at upholding respect for human rights and the rule of law. The delegation met with a broad cross-section of stakeholders from the Maldivian Government, the Parliament, independent constitutional bodies, the legal community, political parties, civil society, the former Chief Justice of the Maldivian Supreme Court and other former officials from the previous government. The delegation welcomed the commitment expressed uniformly to the delegation by Maldivian government officials to the goal of strengthening the judiciary, rule of law, fundamental rights and the separation of powers in the country. However, the delegation was concerned that, despite some notable progress made, a number of critical institutional and legal reforms called for during the two-year transitional period from 2008 to 2010 in order to consolidate and strengthen independent democratic institutions had yet to take place. The delegation found that this flawed transition contributed to the present deterioration in the rule of law and legitimacy of democratic institutions in the country, marked especially by the crisis in the independence of the judiciary and inadequate protection of human rights. The delegation was particularly concerned by a clear politicization of the judiciary that has eroded the rule of law. Recent high-profile prosecutions and events in the last two years alone have raised concerns regarding the independence and impartiality of the judiciary, judicial accountability and respect for the principle of separation of powers. These concerns were aggravated by a general lack of capacity in the education and training of the judiciary, as well as inadequate procedural legislations to establish standards and regulate judicial conduct. Furthermore, this politicization of the judicial system compromised the integrity of other independent constitutional bodies and undermined the protection of fundamental rights. The delegation was equally concerned by the politicization of independent institutions such as the Human Rights Commission of the Maldives (HRCM), the Judicial Service Commission (JSC), the Electoral Commission and the Office of the Prosecutor General. Biased and otherwise unfair judicial proceedings, as well as undue parliamentary interference in the appointment, removal and functioning of these key constitutional bodies, have undermined their independence and impartiality in carrying out their respective mandates. This in turn has further eroded the rule of law and democratic governance in the country. Strengthening judicial independence, impartiality and accountability are key elements to getting the country back on track towards democratic consolidation. An independent and impartial judicial system is central to upholding the rule of law, protecting human rights and safeguarding the principle of separation of powers. Maldivian authorities must Justice Adrift: Rule of Law and Political Crisis in the Maldives 3 therefore take all necessary steps to support and strengthen the independence and impartiality of the judiciary, both at an institutional and individual level, in order to uphold the rule of law, accountability and human rights. Likewise, independent institutions play a central oversight role in ensuring the rule of law, protecting and promoting human rights and strengthening democratic governance. Maldivian authorities must take all necessary steps to safeguard and strengthen the genuine independence and impartiality of these institutions in their appointments, removal and ability to effectively carry out their respective constitutional functions free of undue interference. To advance these goals, the mission makes the following key recommendations (a more comprehensive list of recommendations is included at the conclusion of this report): Maldivian Government (President and Executive Branch) • Given the serious doubts raised about the fairness of the trials, Mr. Nasheed and Mr. Nazim must both be promptly provided with a fair and transparent appeal hearing before an independent and impartial tribunal, and released on an interim basis, with the appeal hearing leading either to their unconditional release or to the provision of a fair retrial before an independent and impartial court. If the appeals fail to ensure fairness and impartiality in either case and there exists no other remedy under Maldives law, the President must exercise his authority under the Clemency Act to pardon the defendants to comply with the Maldives’ international obligations. • The Government must strengthen the independence and impartiality of the judiciary by reforming the JSC appointment process and ensuring the integrity of appointments to the Supreme Court. • The Government must ensure the integrity and impartiality of appointments to independent constitutional bodies and must not interfere in the exercise of their respective mandates. • The Government must end the climate of impunity and ensure accountability for violations of fundamental human rights by carrying out prompt, thorough, impartial and independent investigations of suspected violations. • The Government must take necessary steps to eliminate gender discrimination and increase women’s representation in the judiciary and the legal profession at all levels of seniority. Maldivian Parliament (People’s Majlis) • Parliament must expedite the passage of important long-pending draft laws aimed at strengthening the rule of law and the justice system, including a criminal procedure code, civil procedure code, evidence code and a legal professions bill. • Parliament must implement constitutional reforms to strengthen the appointment process, the composition and the independent functioning of the JSC. At least half of its members should be judges elected by their peers within the judiciary. The JSC must be equipped to carry out, and to implement effectively in practice, its mandate to hold the judiciary to account for breaches of judicial ethics. • Parliament must respect and ensure the independence of the HRCM as well as other constitutional commissions, to carry out their respective mandates without arbitrary or otherwise undue interference or intimidation. • Parliament must initiate constitutional amendments to remove any discriminatory criteria for appointment of judges, including particularly on grounds of religion. Justice Adrift: Rule of Law and Political Crisis in the Maldives 4 Maldivian Supreme Court • The Supreme Court must adopt clear and transparent rules governing how cases are selected, and how the composition of the bench to hear a case is selected. • The Supreme Court must respect the role and mandate of independent constitutional commissions, particularly the JSC and the HRCM, and allow them to fulfill their constitutional functions without undue or unlawful interference. • Any exercise of the Court’s suo motu power must be undertaken in an impartial manner that is consistent with human rights, due process and the rule of law. • The Court must support adequate training and continuing legal education for judges and lawyers on substantive legal developments, constitutional and judicial procedure, judicial ethics, gender sensitivity and protection of human rights under both Maldivian and international law. International Community including SAARC ● The international community (other states, UN and other international and regional intergovernmental organisations, and international civil society), including the South Asian Association for Regional Cooperation (SAARC) – a regional intergovernmental body of which the Maldives is a member State – should support Maldivian authorities in capacity-building for judges, lawyers, police and other stakeholders in the justice system, including on human rights. ● The international community should maintain its focus on the situation in the Maldives by ensuring there continues to be discussion at the UN Human Rights Council of the crisis in human rights and the rule of law in the Maldives, by continued monitoring through the UN Special Procedures and, where necessary, by providing targeted technical support.Item A legacy of authoritarianism : a dossier on the Maldivian judiciary(The President's Office, 2012-02) The President's Office, Maldives; ދަ ޕްރެޒިޑެންޓްސް އޮފީސް، މޯލްޑިވްސްItem Maldives 2020 international religious freedom report(United States Department of State, 2020) United States Department of StateItem Maldives : holding public officials accountable(ޓްރާންސްޕޭރެންސީ އިންޓްނޭޝަނަލް, 2019) ޓްރާންސްޕޭރެންސީ އިންޓްނޭޝަނަލް; Transparency InternationalItem Maldives constitution of 2008 : what makes it stand out from its predecessors?(Husnu Al Suood) Al Suood, Husnu; ހުސްނު އަލް ސުއޫދުThis article provides a comprehensive evaluation of the Maldives' inability to establish a democratic and durable constitution, despite numerous attempts over the years. The Maldives has faced significant challenges in transitioning from autocratic rule to a stable democratic system. Drawing upon extensive research and analysis of historical events, political dynamics, and various constitution-building efforts, this article seeks to identify key reasons behind the failure to achieve a democratic and durable constitution in the Maldives. The analysis begins by delving into the historical context of the introduction of the first Constitution of Maldives in 1932. It then examines the series of political and constitutional changes that have shaped the country's path towards democracy. Moreover, the article explores the challenges faced in the formulation and implementation of the various constitutions. Factors such as: (a) a lack of opportunity for people’s participation;(b) extensive control and power exercised by the political leaders over constitutional processes; (c) a lack of competent and an independent judiciary;(d) the literacy levels of the people; and, the economic conditions have hindered progress towards a durable constitution. Furthermore, issues of corruption and weak governance have also undermined the establishment of a democratic framework. By critically examining these factors, this article concludes that the failure of the Maldives to achieve a legitimate, democratic, and durable constitution can be largely attributed to the manner of its constitution–making.Item Maldives governance updates : the Maldivian court system(Transparency Maldives, 2024) Transparency MaldivesItem Maldives law review 2014(Maldives law institute, 2014) Maldives law instituteItem Maldives legal and political history(Indian Society for Legal Research, 2023-05-16) Hazum, Ibrahim; އިބްރާހިމް ހަޒުމްThe Republic of Maldives has an interesting history. The early history of the Maldives remains mostly a mystery. The little bits and pieces that historians have been able to uncover show that the people of the Maldives were strong seafarers who lived a simple life. The sea provided them with the riches they needed, and the land provided little sustenance. So, they opted for trading the riches the sea brought them. This led them to make long voyages to distant lands. On these voyages, they were exposed to international maritime laws. Being involved in international trade meant that laws that govern these trades were also a part of Maldivian history. Unfortunately, there are very few written documents that showcase this simple yet adventurous history of the Maldivians. It is from documents that are written by foreign travelers and kingdoms we find tales of the travels of the Maldivian people in far-off lands. This paper attempts to investigate the historical facts behind the involvement of Maldivians in Asia. How it has shaped the geo-political environment of the region as well as the socioeconomic of Maldives. It also investigates the legal history of the Maldives. This includes maritime laws and trade policies.Item Maldivian Civil Aviation regulations : MCAR-CORSIA carbon offsetting and reduction scheme for international aviation(ރައީސުލްޖުމްހޫރިއްޔާގެ އޮފީސް, 2021-04-01) ރައީސުލްޖުމްހޫރިއްޔާގެ އޮފީސް; Raeesuljumhooriyyaage OfficeItem Maldivian legal system : corruption control mechanisms and codes of conduct for law enforcement officials(2024) Shameem, Hussain; ޙުސައިން ޝަމީމްItem Maldivian legal system : Islamic influence and legal reform(2018) Ibrahim, Mohamed; Buang, Ahmad HidayatThe Maldivian legal system as it evolved, is one that has largely being influenced by the principles of Islam as a religion. With Islam declared to be the religion of the State in the Constitution, this is further strengthened by the fact that the Constitution mandates that no laws that are in contradiction to the tenets of Islam shall be ratified in the country. This sets the fundamental principle upon which the laws of the country rests. The reforms that have taken place since the enactment of the very first Constitution of the country in 1932 has in a large way being influenced by the said principle. Taking a qualitative approach, this paper aims to shed light on how Islam came to Maldives, the extent of its influence on the legal system in the country, and the scope for further studies on the subjectItem National human rights framework(United Nations Population Fund, 2016-01-01) Attorney General's OfficeItem Promotion and protection of the rights of children, women, Elderly and persons with disabilities : 2013 - 2018(Ministry of Gender & Family, 2018) Ministry of Gender & FamilyItem Public consultation on behalf of the Bar Council on new legal education regulations for the Maldives(Bar Council of the Maldives, 2019)Item Report to the Human Rights Committee on Maldives : freedom of religion or belief (ICCPR art. 18), freedom of expression (ICCPR art. 19) and right of peaceful assembly (ICCPR art. 21)(ވޯލްޑް އިވެންޖެލިކަލް އެލަޔަންސް, 2020-08-14) ވޯލްޑް އިވެންޖެލިކަލް އެލަޔަންސް; World Evangelical AllianceItem Research on woman's access to justice in the Maldives(United Nations Development Programms, 2017) United Nations Development Programms; ޔުނައިޓެޑު ނޭޝަންސް ޑިވެލޮޕްމެންޓް ޕްރޮގުރާމްItem South Asia judicial barometer(Forum-Asia, 2020) Jalal Uddin Sikder, Mohammad; S. Godavarthi, Raghuram; Ismail, Shahindha; Ghimire, Barun; Shah, Zulfiqar; Gunawardena, Devaka; Kadirgamar, SakuntalaItem Strengthening legal education and judicial training in the Maldives : a case study(ResearchGate, 2012-07) Nanwani, Suresh; ސުރެޝް ނަންވަނި; Ayus, A. Mohaimin; އ. މޮހައިމިން އަޔުސްThe article discusses the law and policy reform activities carried out by the Asian Development Bank with its focus on countries in the Asia-Pacific region, and the legal interventions which impact upon citizens, private sector, and state institutions. The technical assistance seeks to strengthen legal education and judicial training in the Maldives. Under this project, the country’s recently-established Faculty of Shariah and Law was strengthened to provide legal education to students wishing to study shariah and law and obtain a law degree. Also, judicial training was provided to the country’s judges and island magistrates to carry out their duties in hearing cases and applying law and court procedures. The article postulates the need to take into account and address the local needs, context and sensitivities, rather than merely transplanting a western legal system which would otherwise not work for the country and its peoples where shariah is an important legal system. It also highlights the need to adopt a flexible approach in addressing problems and challenges rising during project execution to ensure realization of effective results. The article offers some thoughts and reflections on the lessons learnt for consideration in any developing country on a similar project to strengthen legal education and judicial training.Item Strengthening the Maldivian judicial system : draft discussion paper(2005-06) Einfeld, Marcus. R