Legal System of Republic of Maldives

Legal System of Republic of Maldives
Introduction:
The Maldives, officially the Republic of Maldives, is a small island nation in South Asia,
situated in the Arabian Sea of the Indian Ocean. It lies southwest of Sri Lanka and India, about
1,000 kilometers (620 mi) from the Asian continent's mainland. The chain of 26 atolls stretches
from Ihavandhippolhu Atoll in the north to Addu Atoll in the south to the equator. Comprising a
territory spanning roughly 298 square kilometers (115 sq. mi), the Maldives is one of the world's
most geographically dispersed sovereign states as well as the smallest Asian country by land area
and population, with around 515,696 inhabitants. Male is the capital and the most populated city,
traditionally called the "King's Island" where the ancient royal dynasties ruled for its central
location. In the 12th century Islam reached the Maldivian archipelago, which was consolidated
as a sultanate, developing strong commercial and cultural ties with Asia and Africa. From the
mid-16th-century the region came under the increasing influence of European colonial powers,
with the Maldives becoming a British protectorate in 1887. Independence from the United
Kingdom came in 1965, and a presidential republic was established in 1968 with an elected
People's Majlis.
The History Maldives can be divided into 3 parts. They are: 1. Buddhist Period 2. Islamic Period
3. Colonial Period. Until 1887 Maldives was under Muslim Rule. In 1887 the Sultan of Maldives
accepted British influence over Maldivian external relations and defense while retaining home
rule, which continued to be regulated by Muslim traditional institutions in exchange for an
annual tribute. Thus, Maldives were under the British colonial rule until the achieved their
independence on 26th July 1965.
For a long period of time Maldives were under the rule of Muslim Sultan Rule and British
Colonial rule that’s why the legal system of Maldives is influenced by them
The Maldives legal system is based on an admixture of Islamic Law and English Common
Law. English Common Law greatly influences the civil and commercial laws of the country.
Sources of Laws:
Laws are the basic element of the legal system. The whole legal system is composed of laws. All
these are laws are monitored, preserved and changed by some sources. These are responsible for
the whole legal system. Maldives has quite different source of laws. The sources are given
below:
 Constitution: The Constitution of the Maldives is the supreme law of the country of
Maldives. It provides the legal foundation for the existence of the Republic of Maldives,
sets out the rights and duties of the citizens of Maldives, and defines the structure of the
Government of the Maldives. The current Constitution of Maldives was ratified by
President Maumoon Abdul Gayyoom on 7 August 2008, and came into effect
immediately, replacing and repealing the Constitution of 1998. The Constitution is the
supreme law of the land. Article 268 of the Constitution provides as follows:
“All laws of the Maldives must be enacted in accordance with this Constitution. Any law
or part of any law inconsistent with this Constitution is, to the extent of its inconsistency,
void and of no force and effect. The obligations imposed by this Constitution must be
fulfilled. Any conduct contrary to this Constitution shall be invalid.”
The Constitution of Maldives guarantees fundamental rights and freedom to all persons in
the Chapter II of the Constitution. Furthermore, the Constitution of Maldives provides for
powers, obligations and duties of the Parliament, the President and the Judiciary. It also,
provides functions and mandates of the Constitutional Bodies, those facilities to run the
State smoothly and uphold the Constitution.
 Legislature: The Legislature also play an important role in the lawmaking process of
Maldives. The Parliament is the main body of the legislature. The Parliament of Maldives
is known as the People Majlis. The People's Majlis is the unicameral legislative body of
the Maldives. The Majlis has the authority to enact, amend and revise laws, except the
Constitution of the Maldives. Legislative proposals are introduced to the Majlis as bills.
The government or the members present the bills to the Majlis floor. Once the bill is
presented, the committee stage begins, and the members debate on the provisions of the
bill. Members may also propose amendments or propose to pass the bill during the
debate. If the bill is sent to the committees then there won’t be any further debate or
voting on the bill, until the committee presents its final findings about the bill. Once the
committee stage is over, members cast their votes to decide whether the bill will pass or
not. If an amendment is proposed to the bill, the members votes for the amendment first.
When the amendments are passed the members vote on to decide the fate of the bill.
Once the bill is passed, it is sent to the president within seven days for presidential assent.
The president should give his decree on the bill within thirty days or return it to the
Majlis for further consideration or consideration of any amendments proposed by the
president. If the bill was not returned to the Majlis by the president or even if the
president did not ratify the bill within the thirty-day period, the bill is deemed to become
law.
 Islamic Law: The Islamic law is one of the main sources of laws in Maldives. Maldives
has a rich history of Sultani rule. The traditional Islamic law code of shariah forms the
Maldives' basic code of law, as interpreted to conform to local Maldivian conditions by
the President, the attorney general, the Ministry of Home Affairs, and the Majlis. Article
142 of the constitution states,
“When deciding matters on which the Constitution or the law is silent, Judges must
consider Islamic Shari’ah.”
 English Common Law: Besides following the Islamic Law, Maldives also follows the
English common law. Due to the British colonial rule the influences of English common
law can be seen in the different fields of Maldives. The Mercantile Law of Maldives is
built up completely based on the foundation of English common law. Again, on the other
hand English common Law is the foundation of civil laws and the commercial laws in
Maldives.

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