The Maldives, a tropical island nation in the Indian Ocean, is a country that follows a common law legal system. The legal system of Maldives is primarily based on Islamic law or Sharia, which is the principal source of law in the country. In this article, we will take a closer look at the legal system of Maldives and its key features.
Sources of Law in Maldives
The Maldivian legal system is based on three primary sources of law: Sharia, the Constitution of Maldives, and statutory laws. The Sharia, which is the body of Islamic law, serves as the primary source of law in Maldives. The Constitution of Maldives is the supreme law of the land and provides for the separation of powers between the executive, legislative, and judicial branches of government. Statutory laws, which are enacted by the parliament, are also a significant source of law in Maldives.
Courts and Judiciary
The Maldives has a three-tier court system, consisting of the lower courts, the High Court, and the Supreme Court. The lower courts, which are the primary trial courts, include the Magistrate Courts, the Family Courts, the Civil Court, the Criminal Court, the Juvenile Court and the Drug Court. The High Court have appellate jurisdiction over the lower courts. The Supreme Court is the highest court in the Maldives and has appellate jurisdiction over all other courts.
The judiciary in Maldives is independent, and judges are appointed by the Judicial Service Commission, which is an independent body established under the Constitution. The judges are appointed based on their qualifications, experience, and other relevant criteria.
The legal profession in Maldives is regulated by the Bar Council, which is an independent body that oversees the admission and conduct of lawyers in the country. To practice law in Maldives, a person must be a member of the Bar Council and must have completed the required legal education and training.
Legal services in Maldives are provided by law firms, which are typically small and specialized. The legal services offered by these firms include advice and representation in various areas of law, including commercial law, family law, and criminal law. In addition to law firms, legal aid services are also available for those who cannot afford legal representation.
Enforcement of Law
The enforcement of law in Maldives is the responsibility of the Maldives Police Service, which is a civilian law enforcement agency. The police have the authority to investigate crimes and arrest suspects. The Maldives Correctional Service is responsible for the custody and rehabilitation of offenders.
In conclusion, the legal system in Maldives is based on Islamic law and the Constitution, with statutory laws also serving as a significant source of law. The judiciary in Maldives is independent, and the legal profession is regulated by the Bar Council. The legal services in Maldives are provided by law firms, and legal aid services are also available for those in need. The enforcement of law is the responsibility of the Maldives Police Service, and the Maldives Correctional Service is responsible for the custody and rehabilitation of offenders. Overall, the legal system in Maldives provides a framework for a fair and just society.