Cabinet to discuss implementation of death penalty

The cabinet had not discussed implementing the death penalty before Home Minister Umar Naseer ordered the correctional services yesterday to enforce death sentences through lethal injection, President Abdulla Yameen has revealed.

Asked by reporters last night upon his return from a state visit to Sri Lanka if the home minister’s directive followed cabinet deliberations, President Yameen said the cabinet has not discussed capital punishment as his administration “has not faced this issue before.”

“This issue has not been discussed in our cabinet yet. However, as a rule, since the death penalty is already in the penal code, the home minister has issued his opinion,” he said.

“Broad discussions” on the subject will take place in cabinet next week, Yameen said.

“Our government will prioritise protecting the rights of innocent citizens. However, I have to say along with that, in such matters, even a convict who had a judgment passed upon him in the first stage has rights. He has stages of appeal to conclude,” he said.

The government would make a decision after the appeal process was exhausted and guilt has been established beyond doubt, he added.

“Before it comes to that, we have now decided to have discussions in cabinet. Even if I have my own thoughts [on the issue], decisions on such serious matters will be made after cabinet deliberations,” Yameen said.

The government’s highest priority was assuring a safe and peaceful environment for citizens, he stressed, adding that legal advice would be sought on enforcing the death penalty.

President Yameen had spoken in favour of introducing the death penalty during the campaign for last year’s presidential election.

“Murder has to be punished with murder,” Yameen had said.

While he was previously against the death penalty, candidate Yameen said he “had a change of heart” due to “murders becoming too commonplace”.

Home Minister Umar Naseer – who lost the Progressive Party of Maldives’ presidential primary against Yameen and was subsequently dismissed from the party – signed the order to the Maldives Correctional Services (MCS) in front of the press at a ceremony yesterday.

The MCS was ordered to implement the death penalty through the use of lethal injection and to set up the necessary equipment at the Maafushi prison.

The move comes after a death sentence was handed to Hussain Humam Ahmed on charges of murdering the moderate religious scholar and MP, Dr Afrasheem Ali, in October 2012.

Naseer told the press that the order was in line with provisions of draft legislation on implementing the death penalty prepared by the government for submission to parliament, adding that legal advice was sought from the attorney general.

“We will not wait for laws to be drafted and passed. The law allows for implementation, and it is at the discretion of the home minister to order implementation,” Naseer said.

Since the execution of Hakim Didi in 1954 for the crime of practising black magic, there has been an unofficial moratorium on the death penalty with the president commuting death sentences to life imprisonment.

While 20 individuals currently face the death penalty, according to an official from the Home Ministry, all such cases have been appealed at the High Court and have yet to reach the Supreme Court.

In May 2013, the UN country team called for the abolition of the death penalty in the Maldives: “In view of the country’s more than 50-year moratorium, the United Nations call upon the Maldives to take the opportunity to reaffirm its commitment to its international human rights obligations, and abolish the death penalty.”

Earlier in 2013, calls for limiting the presidential power to grant clemency resulted in then-Attorney General Azima Shakoor asking the High Court for a ruling.

Azima drafted a bill in December 2012 outlining the implementation of the penalty through lethal injection.

The proposal was met with opposition from religious groups, including NGO Jamiyyathul Salaf, which called for the draft to be amended in favour of beheadings or firing squads.

In June 2013, MP Riyaz Rasheed submitted a bill asking for the death penalty to be implemented by hanging. The bill was rejected by 26 votes to 18, with no abstentions.

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Too much fish, too little pay: Fishing industry facing rapid state-initiated changes

The past twelve months have brought good news and bad to those in the fishing industry.

The new administration of President Abdulla Yameen came to power with special pledges targeted for fishermen – but fishermen also harbour concerns that the Malé City Council is in the process of imposing regulations on the capital’s fish market, run up to now as local fishmongers have seen fit.

While, according to the Minister of Fisheries and Agriculture Dr Mohamed Shainee, the average amount of catch has generally increased in the past year, fishermen worry that rising cost of ice, fuel, and even labour, are causing a rapid rise in the costs of managing a fishing vessel.

Minivan News has spoken to local fishermen and the authorities concerned in an attempt to better understand the challenges currently faced by the fishing industry – a major component of the Maldivian economy and society.

In 2012, government records show that over 120,000 metric tonnes of fish were caught in the Maldives, with over 10,000 fishermen registered.

Many fishermen expressed worry that the state was introducing new rules and regulations which challenged the old habits of those who frequent the fish market.

“I personally am scared by the suspicion that all these changes are to do more with political power struggles than any sincere wishes of good will for us fisherfolk,” said 52 year old seller Abdul Kareem.

Insurance or cash handout?

When campaigning for the 2013 presidential election, Yameen pledged to provide a monthly allowance of MVR10,000 (US$648) a month to every fisherman, regardless of catch.

He later revised the pledge with numerous conditions. It was soon announced that the allowance would be paid under an insurance scheme, in which fishermen must pay the state a guarantee fee on good months in order to be eligible for an allowance during the lean months. Provisions were also added concerning the type of fishing conducted, with not all fishermen qualifying for the sum.

While Fisheries Minister Shainee said in November that the guarantee fee would amount to MVR500 on ‘good’ months, Yameen stated in January that the monthly fee would be no larger than MVR80-90.

“I voted for Yameen specifically because of this pledge. I’ve lost faith in him now that he has gone back on his word,” said fisherman Ali Mahir, selling plankton outside of the fish market.

“It’s gone from an allowance to insurance. Next it will become a loan. How is this good for us?” Faheem, another fisherman, said.

Skipjack fisherman Easa Mahmood, however, felt that the insurance would prove beneficial in the long term.

“While there is so much confusion at the moment, I believe this will be good in the long run. With the changing seasons, there are months where we absolutely cannot make ends meet. There are thousands of fishermen. This is possibly the only feasible way for a poor government like ours to assist us,” Mahmood said.

The fisheries minister explained that the current government aimed to make the industry a self-sustaining one, which does not depend on subsidies in the long run.

“We will hopefully begin implementation of the insurance scheme by March. We need to make a unique register of all fishermen for this purpose and are currently in the process of doing so,” he stated.

Rising overhead costs

“The price of fish is going steadily down, and the cost of fuel and ice keeps increasing daily. I don’t know for how long I’ll be able to take my crew for fishing,” said Ahmed Fizan from Haa Dhaalu Atoll.

Many other fellow fishermen echoed Fizan’s concerns. One explained that he had built a larger boat to be able to better cater to growing demand from resorts, but was now worried that he may not be able to continue running the business owing to low buying prices and high cost of fuel and labour.

“It’s true that we are able to catch so much fish these days – the yield is high. But ice costs so much, how can we preserve them for sale? In the end, we end up selling them underpriced and at a loss. It’s ridiculous,” Kareem said.

While the minister, Shainee, assured that he was working towards resolving these issues – with plans to build additional ice plants – he argued that larger vessels may be unsustainable due to fluctuating prices of oil on global markets.

“However, even if indirectly, the state is trying to assist fishermen on the front of rising fuel prices too. Even in President Yameen’s recent official visit to India, he deliberated on ways to get easier access to fuel at cheaper rates,” Shainee said.

He stated that, though the government did not believe that provision of subsidies is a solution, it is exploring other forms of helping fishermen adapt to more sustainable models of business.

Meanwhile, the managing director of state-run Maldives Industrial Fisheries Company (MIFCO) rejected claims that the price of fish is decreasing.

“The price has remained constantly at about MVR18 to 20 per kilo. We do not decide on the prices unilaterally, rather it depends on the buying rate on the global market,” Dr Abdulla Shaheed explained.

“We have never had our own fleet of fishermen. All the fish we acquire for our products are bought directly from random local fishermen, based on availability. We always give them the best possible price,” he said.

The fisheries minister acknowledged that, while the country is facing difficulties with the EU market, the government was currently exploring new markets, including Arab countries.

Fish market

Further changes to the industry come from the decision of Malé City Council – with municipal rights over the capital’s only fish market – to introduce licenses in order to use the premises for selling their catch.

While Shainee claimed that a nominal fee may be charged in releasing licenses, Malé Mayor ‘Maizan’ Ali Manik denied the new license would add to fishermen’s financial burden.

“This is something that we have been attempting to do for a while, and yet kept on getting delayed. We at the council finally decided that we must complete this task. We opened up for bids, and finally made a contract with a company called Ocean Emperor to develop the market,” said Manik.

“The fish is often kept on the floor to be sold, so numerous times we have installed benches there to be used for this purpose. However, the fishermen dislike change, and the benches end up being damaged and vandalised. I decided to do this at any cost. That even if the benches we have kept there most recently gets vandalized, I’ll just start over again,” he continued.

Indeed, one displeased fish seller described the new measures to Minivan News as unnecessarily complicating things.

“For decades, we have sold fish at this very market and there have been no complaints. Why does the government suddenly feel a need to interfere?” complained Gafoor.

“We’ve been coming here to sell fish all our lives. We are doing fine by ourselves. We don’t need police and authorities to get involved and tell us what to do. We can sort our own problems and co-habit here,” said another seller.

Mayor Manik also revealed that the World Health Organization and the Food and Drug Authority had expressed concerns about the low quality of fish being sold at the market.

Manik claimed that the regulations would bring an end to foreigners reselling fish at the market, as licenses will only be given to Maldivians. He further said that all fishmongers will be mandated to undergo a biannual health checkup.

He further claimed that new regulations for fishmongers have been drafted – together with penalties for those who breach them – and that it will be effect tentatively from February 6. City Council staff will be then be monitoring the market with the assistance of police.

“I want citizens to be able to buy good quality fish. I will try to do so as long as there is life in me.”

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Home Minister Umar Naseer orders preparations for death penalty

Minister of Home Affairs Umar Naseer has released an order on the Maldives Correctional Services mandating the implementation of the death penalty.

“I order the Maldives Correctional Services [MCS] to implement the death penalty – as sentenced by the Supreme Court – through the use of lethal injection, and to make all necessary arrangements for the implementation of such sentences, and to obtain all necessary equipment for the implementation and maintain the set-up at the Maafushi Prison,” read the order signed by Naseer and made public at a press conference today.

The home minister’s decision comes just days after a death sentence was handed to Hussain Humam Ahmed on charges of murdering the moderate religious scholar and MP Dr Afrasheem Ali in October 2012.

The order was received by MCS Commissioner of Prisons Ahmed Shihan at today’s event.

Naseer stated that the order is in alignment with the draft bill on death penalty implementation which the state has made ready for submission to the parliament. He confirmed that advice had been sought from the attorney general prior to the signing of the order.

“We will not wait for laws to be drafted and passed. The law allows for implementation, and it is at the discretion of the home minister to order implementation,” Naseer said, adding that – should a relevant law be passed in the future – the state would then abide by the new laws.

Implementation only after appeals

The home minister further stated that the death penalty will be implemented only after all appeal processes are exhausted. If the sentenced fails to appeal his case, the state itself will initiate all avenues of appeal prior to the implementation of the sentence, he added .

Naseer said that while the order applies to all pending death sentences, and not just the ones that come after the issuance of the order, the state will not seek to expedite any of the existing appeal cases.

“The government will not interfere with the work of the judiciary, either to expedite or slow down a process. The bottom line is, the death penalty will only be implemented once all the appeal processes are completed,” he stated.

“Regulations on how this penalty will be implemented have already been compiled. Media will have access to the centre of implementation, but not will be allowed inside. The MCS now must run training programs for those who will be involved in this work and they will also begin work on establishing the necessary set up,” he continued.

“While this order does not detail a specific deadline for completion of this task, the MCS will have everything ready by the time we will need to implement such a sentence.”

The minister added that, in the case of minors sentenced to death, “I think the rule is to wait till they turn eighteen for implementation of the sentence. It will be done in accordance with international treaties we have signed”.

Naseer stated that, as Home Minister, he would need to sign a specific order to authorise the execution of each individual person sentenced to death.

A source at the Home Ministry stated that, although there are approximately twenty individuals currently sentenced to death, all cases are being appealed at the High Court and have not yet reached the Supreme Court.

Background

While death sentences continue to be issued in the country, these have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954 for the crime of practising black magic.

In May last year, the UN country team called for the abolition of death penalty in the Maldives, stating: “in view of the country’s more than 50 year moratorium, the United Nations call upon the Maldives to take the opportunity to reaffirm its commitment to its international human rights obligations, and abolish the death penalty”.

Earlier in 2013, calls for presidential clemency to be blocked resulted in then Attorney General Azima Shakoor asking the High Court to decide upon the matter.

Azima further drafted a bill in December 2012 favouring the implementation of the penalty via lethal injection. This was met with opposition from religious groups including Jamiyathul Salaf, which called for the draft to be amended in favour of beheadings or firing squads.

In June 2013, Dhivehi Qaumee Party MP Riyaz Rasheed submitted a bill asking for death penalty to be implemented by hanging. The bill was rejected by 26 votes to 18, with no abstentions.

During campaigns for 2013 presidential elections, incumbent President Abdulla Yameen stated that “murder has to be punished with murder”. Yameen revealed that, although he was previously not an advocate of the death penalty, he “had a change of heart” due to “murders that have become too commonplace”.

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Maldives holds Guinness world record for divorce rate

Fathimath Leena* was 15 when her boyfriend raped her. Having grown up in the conservative city of Malé – where sex outside of marriage is seen as a sin and punishable by law – Leena felt obliged to marry her boyfriend when she turned 18.

“I held very conservative values at the time. Since we had already had sex, I felt like I had to marry him to legalise sex,” the slim, curly haired woman said over a cigarette and coffee.

The marriage lasted one month.

“He would frequently lock me up in our room. I was not allowed to see or speak to my family. He beat me every day. Once, he even burnt me with an iron. He had always been possessive, but I did not expect that kind of violence,” she said in a matter of fact tone.

“I did not have the courage to tell my parents. They were quite happy I had settled down. But one day, he started beating me in public in a shop. I ran out, he followed me into his parents apartment and in a fit of anger he told me I was now divorced,” she recounted.

Since then, Leena, now 29, has been married and divorced twice more and has a child from her third marriage.

According to the Guinness Book of World Records, Maldives ranks highest in the world with 10.97 divorces per 1000 inhabitants per year. Maldives’ divorce rate is twice as high as second placed Belarus.

“Maldives may rank highest in the world for divorces, but at least the ease in getting a divorce ensures women or men do not stay in abusive or unhappy relationships,” Leena said.

Ease of divorce

Obtaining a divorce is relatively easy under the Maldives’ mixed Shari’ah and common law system. A man is allowed to divorce his wife out of court simply by saying he was divorcing her. He is also allowed to revoke the divorce within three months.

A woman can only seek divorce through the courts, and if the judge decides the grounds for divorce are justified.

According to the Department of National Planning, 5,699 couples got married in 2012, but 3,011 couples got divorced in the same year.

The Family Court in Malé says it processed 784 cases of divorce in 2013. Of the 784, 360 were out-of-court divorces, and 262 cases were women seeking divorce through the court.

According to a family court official, who wished to remain anonymous, the court has imposed a MVR 5000 (US$ 324) fine to mitigate the high divorce rate and ensure couples seek reconciliation before obtaining a divorce. However, in 2013, only 14 couples sought reconciliation.

The family court is at present conducting an analysis of reasons for divorce, the official said.

Legal sex

Leena believes most couples get married  young in order to legalise sex. According to a 2011 UNFPA study on reproductive health, knowledge and behavior of young unmarried women in the Maldives, Maldivian youth are sexually active outside of marriage despite existing social belief systems, which consider sexual behavior outside of wedlock to be unacceptable.

“Parents and society frowns upon unmarried couples spending time together alone and press for marriage even though the couples may not be financially independent,” she said.

Leena said she had married her second and third husband for love. However, living in congested households with extended families had strained both marriages.

“People get married without financial independence and when they are not emotionally mature. There is no privacy to solve the smallest issues. So they escalate. Also, most couples live with their children in the same room and this can strain marriages,” she added.

A 2008 Human Rights Commission of the Maldives (HRCM) study said 12,000 families living in Malé do not have their own housing and are forced to share accommodation with other families.

Historically high divorce rate

State Minister for Gender and Family Dr Haala Hameed said a lack of research on Maldives’ high divorce rate made it difficult to pinpoint exact reasons for divorce.

She said that Maldives had historically had high divorce rates, but believes recent increase in divorce rates may be due to stress within families as women enter the work force.

“In this globalised era, more and more women are entering the work force. High standards of living necessitate women supplement their husband’s income. However, there are no childcare facilities. And certain religious elements see women in the workforce – or active in public space – in a negative light. All of this can create stress within families and lead to divorce,” she speculated.

A myriad of problems emerge when divorce becomes common, she said. “Children tend to bear a huge loss when parents separate. Children from broken families are often neglected. They then tend to become school drop outs, engage in drug abuse or resort to violence,” she said.

Meanwhile, Leena said she had no regrets over her three marriages.

“It’s life. What can we do but live and learn from it? I have no regrets. Relationships do not last forever. When the time comes, I am ready to settle down again.”

*Name changed

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Comment: Guest house business – my journey

This article first appeared on the Maldives Economist blog. Republished with permission.

Back in 2009, I started a new venture, along with a very close friend, Mohamed Shihan. Back then, it was something very new, something that nobody has started yet. We called this venture ‘White Shell’ as we rented a small house right on the beach of Maafushi. As the government opened up to allow guest houses in local inhabited islands, we were the first to submit our registration. As a result, White Shell Beach Inn, is the first guest house to be registered on a local island. So we became the pioneers in it.

Initially, we invested about MVR300,000 so that we could have 4 rooms fully furnished with AC, and very basic facilities. A small restaurant and a kitchen, and 4 employees. I was working full time in the public sector, as an economist in MMA, during my weekends – I was busy with setting up of the business, and marketing it. As I did not have enough funds for a professional webpage development, I had to learn on developing websites, and tried my luck with it. I developed our first website, uploaded it, and started the online marketing of it. Initial months of losses were borne by the monthly salary that I earned, and loans from my partner in business. We made sure the staff were paid on time, and utility bills paid every month. Some of my friends, and people from the tourism sector advised me that it would be a failure, as it is tourism without alcohol, pork, and bikinis.

Six months in business, with the various online marketing efforts, we were able to get guests from Russia, Poland, Germany, France, and the UK. With my efforts, I was able to put ‘Maafushi’ as a separate destination on various online booking sites, and travel sites. Before completion of the first year, I was able to rent the adjoining house, and later the house next to it, so that before the end of the second year, we were selling 10 rooms, and were running a successful beach restaurant. For the first one and half years in business, we were able to prove to everybody (especially those in Maafushi), that local island tourism can be successfully run for mid-market tourists, and it can be done without having alcohol, pork and bikinis.

During those months that we were the only guest house in the island, guests enjoyed their time on the beach, and Maafushi, without bikini (in covered clothes, of course), and there were no complaints from the locals. This was because, before the guests booked their holiday with us, they were given the information that it is a local island and that government regulation does not allow swimming in a bikini, just like they are aware that alcohol is not available. Hence, guests were fully informed and aware, and there was no room for complaints or dissatisfaction. Moreover, we got additional revenue because of this regulation – as guests preferred to spend their day in picnic islands, snorkeling, of fishing, and other activities, and that’s additional revenue for us.

We have altogether 20 guest houses in Maafushi now, and 144 rooms. Which means even if we didn’t consider the family rooms, that’d be 288 beds, and with 65% occupancy, that’s 68,328 bed nights per year. Assuming average duration of stay is 4 days, that’s 17,000 guests per year. With conservative estimates and past revenue records, it is estimated that about $9.7 million will enter the local Maafushi economy, and the guest houses will be paying the state – as bed tax and GST – a total of US$1.3 million (equivalent to MVR20 million).

The income per head from guest houses alone is $4,425 per head in Maafushi. The total income per head of Maafushi after adding incomes from other sectors will probably be the highest in the country. It is a perfect example of making economic growth more inclusive, and a case study for inclusive development. In fact, I presented a paper last year in Islamabad, during a South Asia Economic Summit.

With the 20 guest houses, more than 100 locals are being employed in various jobs – ranging from speedboat crew, receptionists, waiters, room boys, accountants, and guest relations officers. The majority of youth are actively engaged in economic activities, without having to spend their times in coffee shops or elsewhere, as they did before. Women with children are able to earn at least MVR10,000 a month doing laundry services. Last month we spent from our hotel MVR17,000 for laundry, which is done by a local family.

We – the White Shell – have played a key role in the expansion, and the success of Maafushi as a tourism destination through leading by example, and also assisting others in the setups. And thanks to MATATO, as we have recently been awarded the Maldives Travel Awards as the Leading Guest House, from the category introduced this year.

There is no doubt that this newly developed industry provides huge economic benefits to the local community and the government in the form of taxes. It also provides other positive outcomes like the guest houses taking charge of cleaning the beach area and streets, and taking care of waste disposal. The MWSC (water company), and STELCO are making huge profits from Maafushi, as the per unit rates are relatively higher in Maafushi compared to Malé. With more that 144 air condition units recently installed, Maafushi is spending heavily on electricity (there’s still more to be done in terms of using efficient energy sources).

There are many challenges as well, of course. With starting of many new guest houses, many have come to believe that the bikini is not a problem, and guests are being told so as well. Less seem to complain, however, as almost everybody benefits from the industry. We are yet to find an amicable solution to the issue, with serious discussions between the island council, tourism ministry, and the guest house owners. Other social issues/problems can also be addresses in a similar manner. Which means there’s still a lot of work to be done in order to make the business sustainable, environment friendly, and in order to make the this model a success in other islands. Wish you all a very happy new year.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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President Yameen vetoes sexual offences bill

President Abdulla Yameen has returned the sexual offences bill passed by parliament last month for reconsideration.

According to the President’s Office, in a letter to the speaker of parliament, President Yameen provided details of issues noted by the Attorney General after reviewing the legislation (Dhivehi).

“The bill containing some provisions that are contrary to Islamic Shariah and Islamic principles was among the reasons considered for returning the bill,” the President’s Office stated.

Under article 91 of the constitution, within 15 days of receipt the president could either assent to a bill or “return the bill for reconsideration of the bill or of any amendment proposed by the president.”

The sexual offences bill was passed on December 30 with 67 votes in favour out of the 69 MPs in attendance.

Following the passage of the bill, Vice President of the Fiqh Academy Dr Mohamed Iyaz Abdul Latheef condemned the conditional recognition of marital rape as a crime and called on MPs who voted in favour to repent.

“With the exception of forbidden forms of sexual intercourse, such as during menstrual periods and anal intercourse, it is not permissible under any circumstance for a woman to refrain from it when the husband is in need,” Dr Iyaz had said on a local Islamic question and answers website.

While the bill did not categorically criminalise marital rape, it allowed for four exceptions: while a case for dissolution of the marriage is in a court, while the divorce filed by either husband or wife is pending a court, sexual intercourse to intentionally transmit a sexually transmitted disease, and during a mutually agreed separation (without divorce).

Dr Iyaz however contended that a woman must still show “complete obedience to her husband” even if she had filed for divorce.

Moreover, in cases of a revocable divorce, a man can renew the marriage during the waiting period (i’ddah) by having sexual intercourse. The woman’s consent would not be necessary in such cases, he argued.

He added however that the woman would have the right to go to court if the man’s intention of resuming the marriage was abuse.

Dr Iyaz is currently campaigning for the Hulhuhenveiru parliament seat on behalf of the religious conservative Adhaalath Party.

The contentious bill was drafted and submitted in October 2012 by now-Progressive Party of Maldives MP for Kulhudhufushi South, Mohamed ‘Kutti’ Nasheed. Nasheed wrote in the draft legislation that it was not intended to replace Shariah, explaining that it did not preclude application of a Shariah penalty for an offence specified in the bill.

The proposed law covers sexual offences ranging from adultery, homosexuality, incest, bestiality and necrophilia.

2007 study by the Ministry of Gender and Family revealed that 58.2 percent of female respondents agreed that they were obliged to have sex with their husbands, whilst 29.3 percent of women believed it was acceptable for a husband to beat his wife for refusing sex.

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Police examining reports of local celebrities’ misconduct in Sri Lankan nightclub

The Maldives Police Service has confirmed it is looking into allegations of sexual misconduct and consumption of alcohol made against local celebrities by news website “mvyouth”.

In a report recently published on the website,  Mvyouth accused seven local celebrities – actors, dancers, a singer, a fashion designer and a film director – of engaging in illegal activity at a Sri Lankan nightclub.

According to the website, four of their reporters traveled to Sri Lanka to confirm rumors about movie stars who frequently go to “party” there. The report says they followed the celebrities into a night club where they witnessed them getting drunk, dancing and being intimate, and kissing each other and other people at the club.

The Maldives penal code allows prosecution of crimes Maldivian citizens commit abroad. Kissing and sexual intimacy out of wedlock are considered as sexual offenses while consumption of alcohol is a hadd crime in shariah law, which guides the legal system in the country’s inhabited islands.

It also stated that some of the Maldivian group got into a fight, something the report described as “common among Maldivians who frequent nightclubs in Lanka”. While it mentioned several other Maldivians who were at the club, the celebrities remained the focus of the report.

Confirming that they are looking into the matter, police noted that they have not launched an investigation into the matter but will do so if it is required. Speaking to Minivan News, a police media official said that no one had lodged a complaint concerning the issue yet. However, since it has come to their attention they will now be looking in to the matter.

According to the report, mvyouth has evidence to back all its allegations. Confirming this, the website’s editor Musharraf Hassan said Mvyouth is fully prepared to defend themselves in court if they are to face defamation charges.

He said that a lot of Maldivians engage in such activity in Sri Lanka and mvyouth’s intention was to bring this to the attention of public.

“We want to inform the public on what Maldivians are up to when they are abroad. It is not specific to celebrities, a lot of Maldivians do such things”. Musharraf said.

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Comment: Islamic Scholarship and Maldivian Women – My swim against the tide

This article first appeared on Manzaru. Republished with permission.

As a Maldivian woman, and as a pursuer of Islamic scholarship, the issue of how Islamic scholarship relates to the women of this country is one that I have been faced with at various points of my academic and personal life. One thing, I found, is undeniable – there are huge challenges for women in the field of Islamic scholarship in our country.

In the Maldives, Islamic scholarship – at least on the level of public discourse – is a field almost completely monopolised by men. In Maldives, an Islamic scholar must have a beard, at least the potential to have one. A Maldivian Islamic scholar must wear his pants short, or at least must be able to do so without uncovering part of his awrah. Women, by their very nature, are unable to fulfill these conditions.

It is true that as a principle, Islam does not prevent women from studying Islamic sciences or from preaching Islam based on their knowledge. Aisha, my namesake – I have always been proud to say – and the Prophet’s wife (Peace be upon him and may Allah be pleased with her) is an Islamic scholar, who is shown as a role model to Muslim women. It is also true that many women, including myself, have been issued licenses to preach Islam by the Ministry of Islamic Affairs, and previously by the Supreme Council for Islamic Affairs. One must ask, however, how often these women do, or are given the opportunity to, address an audience at all, not to mention one comprising both genders. One cannot help but wonder whom among these women is given the opportunity to be at the forefront of the Maldivian stage of the eternal strife to promote Islam.

Thus, all issues relating to women are given but a rather reluctant and half-baked coverage – women’s education, women’s employment, marital responsibilities, family commitment, etc, are all discussed only from a man’s perspective.

The current discourse of Maldivian scholars on women’s education and employment is impractical, if not illogical. It is their stand that Islam does not prevent women from pursuing higher education. Women, in fact, are encouraged to pursue a degree in professional fields such as medicine, education, law, psychology, etc. After all, women do need the services of doctors, educators and lawyers. Who better to provide these services to women than female professionals? Thus, Maldivian women are encouraged by Islamic scholars to build dreams upon dreams of a professional career along side those of love, husband, children, family and home.

The oxymoron presents itself once these women – after having spent several years toiling away under thick volumes of reports and case studies, being trainee teachers under the supervision of stricter than hell supervisors, dissecting dead bodies, attending to injuries, and assisting surgeons in operation theatres – choose to fulfill the Sunnah of marriage and forming a family. Now, there’s no denying that the primary role of a woman upon marriage is that of a wife – and upon having a child is that of a mother. But if women are encouraged to train as professionals, should women also not be encouraged to work as professionals? Should women not be provided with suitable circumstances where they can pursue a career without undermining their roles as wives and mothers?

Unfortunately, all that I’ve heard to this day from Maldivian scholars is that women should be content to be housewives, and that being a mother is the biggest honour of all.

The same goes for the issues of marital responsibilities and family commitment. I heard a Sheikh recently speaking on radio of men who work all day and return home only to find an unwelcoming wife at home. It was his claim that this is one of the main contributors to the breakdown of marriages in our society. While I do not deny that many men do in fact grind daily to earn a good living for their families, I can’t help but wonder whether women do nothing at all. The way I understand it, it is a division of labour – women ought to take care of the family, men are the bread-winners. Neither task is more important than the other – neither can be considered harder, or easier than the other. In the end, both partners of the marriage are supposed to provide each other with support.

When a man returns from office, returns from work and spends all his time going out with friends, reading the news, or watching television, is he not neglecting part of his responsibilities? Could it not be that a woman whose emotional needs and expectations from her husband is more likely to be unwelcoming to him wheh he comes home from work to change and go meet with his friends?

The half-bakedness of the scholarly address applies even to the issue of Hijab. This age-old issue, discussed, re-discussed, and then discussed yet again has been focused only on women. The focus of the Hijab issue is so much on the female gender that one cannot help but wonder that perhaps an awrah is defined in Islam only for women. I recently watched a televised sermon of a Maldivian Islamic scholar in which he recited verses 29 and 30 of Surah Al-Nur which translate as follows:

Tell the believing men to reduce [some] of their vision and guard their private parts. That is purer for them. Indeed, Allah is Acquainted with what they do. (29) And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests and not expose their adornment except to their husbands, their fathers, their husbands’ fathers, their sons, their husbands’ sons, their brothers, their brothers’ sons, their sisters’ sons, their women, that which their right hands possess, or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women. And let them not stamp their feet to make known what they conceal of their adornment. And turn to Allah in repentance, all of you, O believers, that you might succeed. (30)

Unfortunately, although the Quran first commands men to lower their gaze from viewing Haraam and to protect themselves from committing illicit deeds, the Sheikh only translated the verse that relates to women’s Hijab. Allah’s Command to believing men was purposely ignored.

Such oversight may perhaps be excused if Maldivian men do generally follow the Command to lower the gaze and guard the chastity. This, sadly, does not seem to be the case. Allah is Most Gracious, Most Wise – he limited man’s awrah to what is comprised between the navel and the knees – as opposed to the whole body of the woman, with a few body parts being the exception. Even so, many men – especially, many young men – seem unable even to cover this small area. In order to follow pop fashion – or, hip hop fashion (you name it) – many young men deem it necessary to let their pants fall way below their waist, not to mention that they deem it unnecessary to wear undergarments. The result – I’d rather not divulge in.

Another issue not to be forgotten is that of pornography. Maldivian Muslim men, like their brothers all around the world, seem to be acting under the impression that as long as you don’t view the awrah of a Muslim woman, it is permissible to view the awrah of other women in general. In the end, the general effect of dehumanising and objectifying women has been unavoidable. Reports of sexual crimes against the female gender, including crimes against children and the elderly, have been on the rise in Maldives – it is impossible to say whether the rise is in the number of crimes or the amount of reports (it in all probability is both) – and all that Maldivian scholars have been able to say is that women should cover themselves better and the government should implement Hudud.

It is my belief that Maldivian scholars find it easy to speak the same words and to address the same issues in the age-old manner without looking at them from any different angles. And this, I  believe, is the ultimate wrong.

I do realise that I am only raising issues here – I have not proposed any solutions.

I have, however, started my own personal swim against the tide. I have chosen to have a child and to work. I have decided that I, as the mother of my child, will take the primary responsibility of feeding, bathing, playing with and rearing my child. I will not delegate these pleasures to a maid or babysitter. I have also decided that I, as a graduate of Shari’ah and law, will practice the law. I will pursue a career, but on my own terms. I work from home. And because my child is a toddler now – who rarely sleeps during the day and refuses to leave me and the laptop alone –  I work when he, along with the rest of the world, sleeps.

Is it easy? No. Is it a sustainable solution? Definitely not. By Thursday – weekends in Maldives are Fridays and Saturdays, and that’s when I sleep – I can’t wait for the week to end. I am always wishing for one more hour in the day and a few more minutes to the hour. But, for me, it is a start.

I also have chosen to start my journey, preaching and pursuing the values of Islam, by addressing issues that many other graduates of the Shariah are shying away from. I do this with the full understanding that this is a path filled with obstacles. Be it as it may, it is my belief, that if no one else will, I ought to do the hard – and perhaps the right – thing.

I am a Maldivian woman. I am a pursuer of Islamic scholarship. I swim against the tide.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Criminal Court stops accepting cases from PG’s Office

The Criminal Court has today decided not to accept any cases submitted by the Prosecutor General’s Office and to halt all existing cases because the position of Prosecutor General (PG) has been vacant for over 30 days, the PG’s Office has confirmed.

On November 25, former PG Ahmed Muiz submitted his resignation, shortly before parliament was set to debate a no-confidence motion against him.

Speaking to Minivan News today Deputy Prosecutor General Hussein Shameem said that as soon as he receives the court’s decision he will appeal it at the High Court.

Shameem stated that the laws do not say that the Deputy PG cannot take over the responsibilities of the PG in a case where a new PG is not appointed within 30 days.

He also said that it was for the parliament to appoint a new PG, noting that the Criminal Court had not discussed the issue with the parliament before making the decision.

Shameem expressed concern that there were people held in pretrial detention who are to be kept there until their trial was concluded.

“So what do they do now, it would not be fair to keep them in there until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem said.

“That is one of my biggest concerns over this issue, it is a responsibility of the PG office to uphold constitutional rights of the people.’’

He said the court had not approached the PG’s Office before making this decision.

“And also, this morning the court made the decision but today afternoon we received a chit from the court stating that two cases have been scheduled for tomorrow,’’ he said, adding that “maybe the two cases are concerning someone close to them.’’

Furthermore, Shameem said that there were no laws stating that the Deputy PG cannot fulfill the responsibilities of PG in the case of the position being vacant. He argued that the work of PG’s Office should not come to a halt because the parliament had failed to appoint a new PG.

He also said that the court had informed the PG that it will continue the extension of detention trials for those under arrest.

On December 10, President Abdulla Yameen proposed his nephew Maumoon Hameed for the post of Prosecutor General and submitted the name to the parliament for the MPs to approve.

The issue was sent to parliament’s Independent Commissions Committee and the committee decided to seek public opinion on him before sending it to the parliament floor for voting.

However, the parliament is now on recess and will not re-commence work until March.

Criminal Court Spokesperson Ahmed Mohamed Manik did not respond to Minivan News at time of press.

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