Islamic Sharia applies where Maldivian law silent, High Court clarifies

The High Court of the Maldives has clarified that Islamic Sharia law defaults in cases where crimes may not be specifically forbidden by Maldivian law, and instructed parliament to keep this in mind when amending the penal code.

”When bringing amendments to the penal code of the Maldives, I rule that the concerned state institution amend the penal code in a manner that does not obstruct the giving of penalties for crimes prohibited under Islamic Sharia,” Judge Abdul Gany Mohamed ruled.

Judge Gany added the landmark ruling to the verdict in a case concerning a man who threatened a doctor last year in Indira Gandi Memorial Hospital (IGMH).

The prosecution claimed that Sulhath Abdulla, of Maafannu Kurevi, went to IGMH in May last year and threatened a doctor who had refused to write him a prescription for a control drug.

The Criminal Court of the Maldives last year ruled that there was no specific law forbidding Sulhath Abdulla’s actions, and therefore he could not be punished.

Judge Gany said that although there was no Maldivian law for the crime he committed, anything prohibited under Islamic Shariah was consisted prohibited according to articles 2, 10, 19 and 59 of the constitution.

”Under article number 142[a], the courts must rule according to Islamic Sharia when deciding a matter on which [Maldivian] laws are silent,” Judge Gany said.

Judge Gany sentenced Sulhath Abdulla for four years house arrest for objection to order and violating article 88[a] of the penal code.

He explained that using foul words when addressing to people, threats to damage another’s body or property, intimidation, refusing to give samples necessary for investigations, obstructing investigation, using or possessing a sharp object that might cause “fear in society”, and using any object that could potentially be classed as a weapon should all be considered prohibited under article number 2, 10, 19 and 59[a] of the constitution.

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48 thoughts on “Islamic Sharia applies where Maldivian law silent, High Court clarifies”

  1. This is really a huge leap forward. Insha Allah in few years we will be able to change from British imperialist common law to Islamic Sharia.

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  2. Finally a ruling which is more positive compared to what the whole parliament could produce in over an year of bickering.

    Now this gives the "green light for Shariah Law" in the Maldives where the law does not have a clear ruling. So police needs to take this into mind and start cracking down on Un-Islamic actions taken by people. Remember the ruling because it can be used to punish thieves severely if we used it properly. No Judge can give silly excuses now. We all know Islamic Shariah, even if we are not religious, we still know the punishments/rulings against thieves and rapist in Islam.

    It also makes sure that no parliament (current or future) can make a new law which contradicts the Islamic Shariah.

    When something good is done, credit should be given. In this case, the judge has done a good thing.

    Its about time that the secularist few in our society learn Islamic Shariah by heart before they do or say something which is against Islam. With this ruling, now every Maldivian should be taken to court if they go against Islam.

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  3. The Maldives seems to be on track to join Iran and Saudi Arabia as the only clergy-controlled shari'ah states of the world.

    Hooray for fundamentalists. Congratualations to all of you.

    Secularists have indeed noted this point.

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  4. Insha Allah , the very first steps toward becoming a fully Wahhabi state has started. Now we will be able to execute the rules which came down to us 200 years ago.

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  5. This is excellent for the stability and unity of our country. I fully support this ruling.

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  6. I have not yet received any answer from the proponents and supporters of Shari'a law to my question, so I'll ask it again.

    "Can anyone list me a country under Shari'a law that is free from oppression, intimidation, injustice and cruelty?"

    I will patiently await your reply.

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  7. By this ruling, there is no need to make any new laws. Wherever there is legal silence, Sharia can be applied by default. FANTASTIC....

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  8. THE most positive judgement in ages! All this time we've seen over and over again, criminals walking out of trial unharmed, and the society was in agonizing pain to watch that happen. Now this judgement provides recognition to the solution. You implement Islam's enlightened deterrents for crime, and you get RESULTS! No more patronizing of criminals. Enough is enough!!

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  9. To the Moderater:Pls how can anyone comment on a useful subject? My last comment was on one of the latest VP speeches;(How can I access it) not that VP or any indiviual is important, be it you or me, But since then you have taken the whole subject off from your pages and put in several uncommentable rubbish

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  10. Sorry moderator, I know you are used to that language, rubbish and all; but if you split hairs, it's probably riffraff. We are a still lost though

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  11. “Can anyone list me a country under Shari’a law that is free from oppression, intimidation, injustice and cruelty?”

    Every country where it has been properly employed. there is justice and freedom in saudi arabia. who told you otherwise? guess its the western media.

    And why do i have to look else where? First Islamic state in Madina had Islamic Sharia and its was peaceful, just and free society.

    Maldives is on the right path.

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  12. It sickens me that the common judges do not realise they are there to form judgements to protect the law abiding and decent citizens of the country, not to look for words in black letter law. The law is only a tool to deliver justice.

    Finally a step in the right direction. Hopefully this will be maintained.

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  13. as one of the MIT professors recently said, the western democratic system will not provide solutions for some of the third world countries..

    I believe this ruling is very good.. as we should built our own democratic system based on our culture and religion..

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  14. There's freedom in Saudi Arabia? Maybe you should ask the gays over there.. I'm sure they'd disagree.. but then again, to people like you, gays aren't human anyway, are they?

    Fe-rk, people like you make me ashamed to say I'm Maldivian.. lucky at least I have a choice (of some sort at least) when it comes to my religion. I think this comes back to the argument of whether Maldives is 100% muslim or not, cos why should Sharia apply to people who don't accept Islam as their religion? After all, I'm pretty sure there's nothing in Islam that says you can convert people by force, and like wise, apply Sharia to non-believers..

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  15. Saudi Arabia, is the perfect example. They suck up to the USA and live a very peaceful life oppressing it's people and others in the land. It is the perfect utopia. Secular counties like Turkey has to stand up in defense of other Muslim nations. What does countries like Turkey think they are, they should kill all non muslims and be more like the Wahhabi Saudi's, why care about the rest of the world and humanity. We Maldivians should be more like that too. Pray five times a day, fast and go to Bangkok every week, that's all there is to life. Who cares about human rights or if people suffer or die. Allahu Akbar.

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  16. It is very surprising that the people are so dumb that they don’t realize that Sharia Law is nothing but a code of law drawn by some medieval backward Arabs. It has survived due to the Islamic dictators who wanted to apply this rubbish law to keep people ignorant and uneducated so these dictators can survive. They knew that with advancement of knowledge and abrogating the Sharia Law will open the mind of people and will put their rein in jeopardy.

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  17. God bless Mohamed bin Abdul Wahhab. His followers took over Saudi, Afghanistan, Somalia, and now Maldives. Great effort being shown by his Maldivian followers. Again, well done to all of you!

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  18. What this means is that our tourism industry (and therefore the country's economic prosperity) is effectively not allowed because

    a) not all tourists who come and stay in the hotels are married couples - does this mean we do not allow any unmarried couples to stay on a resort because the law is a little silent on this

    b) alcohol on resorts - another grey area - so we disallow this

    @ fe-rk "Saudi Arabia has one of the most unequal societies from an economic point of view - the rich are far richer than the poorer than even in Maldives".
    Also - it is "just" because those in power get to DEFINE what is "just" - so the total exclusion of rights to half the population (women) is JUST because their definition of Justice puts women on a different category - one level below men and one level above animals

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  19. Before any comments, a fundamental point needs to be clarified. The term Sharia refers to the totality of personal and societal Quranic laws/rules. These rules, especially the societal laws were heavily influenced by a specific historical timeframe, namely, seventh century Arabia. These were later codified and became fiqh or Islamic law. With this development Sharia and fiqh, although not exactly the same thing, came to be used interchangeably.
    With the advent of modernity, societies, including Muslim ones, witnessed significant changes. This means that a new fiqh, taking into account these changes, must be developed, that is to say a new form has to be given to the original sharia values related to societal organisation before talking about its implementation.

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  20. @ajmal
    you should rather know the meaning of Sharia, its origin and the main sources and what it encompasses before u utter the distasteful words.

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  21. saudi arabia's constitution is the Quran as interpreted by the kingdom approved mullahs. maybe we should let the adhaalath party clergy take over the judiciary coz shariah is the way to go. and give them parliament too, because laws should be made in accordance to allah's will and it looks like the wahhabis are the only ones with the knowledge of this. and the executive powers too, sheikh shaheem says we need an emir and later on a caliph..so let us destroy democracy and establisha theocratic dictatorship here. and let the arabs take over our land and nation, because the caliph is supposed to be an arab.

    http://rayyithukalo.blogspot.com/2010/05/blog-post.html

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  22. @ Ahmed Anony: “Can anyone list me a country under Shari’a law that is free from oppression, intimidation, injustice and cruelty?”

    No, Sorry. What kind of question is this?! "under Shari'a"?? Do you mean "implement Shari'a"? If so, can you first list me a country that DOES implement shari'a currently?? Only then can we examine them for justice and cruelty, isn't it!

    But if you mean has there ever been a State in history that implemented shari'a and was hailed worldwide to be just and fair, then the answer is YES.

    The famous letter from a Rabbi, after Europe’s persecution of the Jews, found in Phillip Mansel’s book “Constantinople ”, reflect this reality:

    “Here in the land of the Turks we have nothing to complain of. We possess great fortunes; much gold and silver are in our hands. We are not oppressed with heavy taxes and our commerce is free and unhindered. Rich are the fruits of the earth. Everything is cheap and every one of us lives in peace and freedom...” (Philip Mansel. 1995. Constantinople : City of the World's desire, 1453-1924. Penguin Books, p. 15)

    Heinrich Graetz, a 19th century Jewish historian expressed the ‘favourable circumstances’ under Islamic rule: “It was in these favourable circumstances that the Spanish Jews came under the rule of Mahometans, as whose allies they esteemed themselves the equals of their co-religionists in Babylonia and Persia. They were kindly treated, obtained religious liberty, of which they had so long been deprived, were permitted to exercise jurisdiction over their co-religionists…” (H. Graetz, History of the Jews, London , 1892, Vol 3, P. 112.)

    Zion Zohar, a Jewish Historian, expressed similar sentiments in his book ‘Sephardic & Mizrahi Jewry’:

    “Thus, when Muslims crossed the straits of Gibraltar from North Africa in 711 CE and invaded the Iberian Peninsula, Jews welcomed them as liberators from Christian Persecution.” (Zion Zohar, Sephardic & Mizrahi Jewry, New York, 2005, P. 8-9.)

    For further reading: http://hamzatzortzis.blogspot.com/2008/12/911-77-madrid-bombing-mumbai-attacks-is.html

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  23. Islamic Shariah?

    Which one?

    The judge makes it sound like all Muslim's are agreed on what that actually means.

    Does that mean we all follow Adhaalath's interpretation?

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  24. It is so simple any one with common sense will see that Sharia Law derived from fables. I really hate to see that majority Maldivian are same as 07th Century gullible. And can be fooled by Adaaltha Mullas

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  25. Very happy with the ruling. This sends a good message to the anti-islamists.

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  26. well day after day, the good news does not stop.. insha allah soon we will have sharia (wahhabi style) implemented and our male chauvenistic adalath in power. defenitely a prosperous future to look forward for our country. well, they don't have a particular economic plan, but something will comeup. don't worry, allah will show us and give us a way if we implement sharia. we just have to trust and believe in Adalath.

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  27. four years is a long time for such a little issue... a retraining order would have done it since it was his first time. the guy could have been sick from heroin or mentally unfit.. that doesn't mean his mouth should be cut out and hanged in Islamic sharia bazaar... just like those women who are been flogged!!!

    the ruling by this judge is not right! why?....here is a perfect example!

    According to sharia law a woman can get pregnant without a man (because jinni exists)- now how could some human be more powerful than a jinni to stop the jinni raping the woman. then and then only a woman will be freed from flogging according to Islamic sharia and law (of course Islamic sharia is fully based on Quran which accurately points out the existence of jinni)

    why a woman should not be flogged?

    if a man disagrees that he had sex with the woman who is accusing him of being the father for her child, A DNA test should be provided by the government for the child once he/she is born, because both woman and man should be punished if producing children is haraam. after all it is not a single responsibility!!

    We need more experienced educated judges in the judiciary now.. someone who will not rule a 19 year old hands to be removed just because he committed his first crime by robbing someone. just imagine what kind of radicalism would it be when Islamic sharia can order a young mans hands to be cut off for robbery but not an old mans hand for marring a 9 year old just because she had her periods!!!???

    sharia needs huge change!!! a change that can cope with the 21st century human mentality.

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  28. here is an interesting way to look in to this whole islamic golden era thing. the times of khalifah harunurrasheed and maumoon...they stopped the islamic conquests. because these conquests were making the empire too big and the center could not hold anymore. beucase all the capitives and new converts serve in the next conquest and it goes on. and after that, there were no forced conversions. after that there were lot of educated and capable dhimmis and free thinking muslims contributing to the so-called golden era. at that time the state did not promote anything even close to teh wahhabi islam. what they had was philosophical and people practiced sufi versions of islam. so it was NOT the fruit of wahhabi shariah. it was that of islamic faith, tolerance, peace and ofcourse good political and economic strategies. how ever unfair it maybe.

    what happened after the prophet (SAW) is not where we learn islam. islam is what he taught and what is in the quran. arabs were on each others throat as soon as he (SAW) passed away. and islam can coexist and even encourages secularism and democracy!

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  29. @ Ahmed Anony: “Can anyone list me a country under Shari’a law that is free from oppression, intimidation, injustice and cruelty?”

    Further illustrations of the views expressed by those historians who witnessed implementation of Islamic laws to the fullest:

    Adam Smith, the 18th century founding father of the modern capitalism, explains the impact of Islamic rule:

    “The ruin of the empire of the Romans, and, along with it the subversion of all law and order, which happened a few centuries afterwards, produced the entire neglect of that study of the connecting principles of nature, to which leisure and security can alone give occasion. After the fall of those great conquerors and the civilizers of mankind, the empire of the Caliphs seems to have been the first state under which the world enjoyed that degree of tranquility which the cultivation of the sciences requires. It was under the protection of those generous and magnificent princes, that the ancient philosophy and astronomy of the Greeks were restored and established in the East; that tranquility, which their mild, just and religious government diffused over their vast empire, revived the curiosity of mankind, to inquire into the connecting principles of nature.” (The Essays of Adam Smith, London , 1869, P. 353)

    Bernard the Wise, a pilgrim monk, visited Egypt and Palestine in the reign of Caliph al-Mu’tazz (866-9 CE). He stated that:

    “…the Christians and the Pagans [i.e. Muslims] have this kind of peace between them there that if I was going on a journey, and on the way the camel or donkey which bore my poor luggage were to die, and I was to abandon all my goods without any guardian, and go to the city for another pack animal, when I came back, I would find all my property uninjured: such is the peace there.” (Christopher J. Walker, Islam and the West, Gloucester , 2005, P. 17)

    Ulick R. Burke, a prominent historian specializing in the history of Spain, reached a similar conclusion:

    “Christians did not suffer in any way, on account of their religion, at the hands of Moors…not only perfect toleration but nominal equality was the rule of the Arabs in Spain." (Ulick R. Burke, A History of Spain , London , 1900, Vol I, P. 129)

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  30. Hmm... Who in their right mind would call for implementing Islamic teachings, eh!

    Prince Charles, speaking at Oxford University's Sheldonian Theatre on 10th June 2010 urged the world to follow Islamic principles in order to protect the environment.

    Prince Charles, Prince of Wales, heir apparent to the thrones of the Commonwealth realms, who is a practising Christian and will become the head of the Church of England when he succeeds to the throne, spoke in depth about his own study of the Quran which, he said, "tells its followers that there is 'no separation between man and nature’ and says we must always live within our environment’s limits."

    He continued saying, ‘The inconvenient truth is that we share this planet with the rest of creation for a very good reason – and that is, we cannot exist on our own without the intricately balanced web of life around us.
    ‘Islam has always taught this and to ignore that lesson is to default on our contract with creation.’

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  31. Farish, I didn't ask for a bunch of random quotations. I asked for a list of prosperous countries, free from injustice, intimidation and cruelty in the modern world where Sharia law is implemented.

    I am a patient man, and I shall await your answer.

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  32. Ahmed Anony:

    It appears everyone is answering the wrong question.

    (and quoting praise for people which had little in common with the current "Islam".)

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  33. This isnt about shariah....if some one intimidates and threatened me with a knife i would want him to be punished be it by british, shariah or secular or wahtever the law it maybe...i fully support this and i blame the parlimentarians for now making the necessaey laws to protect ourselves while making themselves rich at the expense of the government.

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  34. Anony can you give me a bunch of countires free from injustice, intimidation and cruelty?????...we have followed the british law for long enough and look at the condition of our society..i think its time we checked out other options as well as Shariah law...

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  35. Why is so much fuss being made over the news? This is great news. It says Shari'a should be applied where Maldivian law is SILENT. So now it is the duty of the law makers to make relevant laws and introduce a modern penal code. This is much better than criminals walking away simply becox there is no law.

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  36. Perhaps you are asking the wrong question! What is being sought here is to see whether implementation of Shari'ah is effective or not. That has been illustrated several times in history, and can be illustrated again if punks like you are genuinely interested to see. Besides the tidbits of glorious history found in the quotes seen above, look at the implementation of Islamic economics in the last 8 years in Turkey!

    Insisting on showing the success of Shari'ah by producing a list out of Muslim countries from the post-colonial era, where system of rule and the legal framework has been strongly influenced by the colonial masters is purely delusional. It's in stark contrast to the question of effectiveness.

    So, nobody is talking about looking for a successful wealthy and just nation and copying whatever they did. What is being talked about right now is implementing those laws and framework that are praised in these seemingly 'random quotations' that some choose to ignore and dismiss because there doesn't seem be any response to them.

    Well guess what! After the centre of the lands of the Ottoman empire, referred to in the posted 'random quotes', was taken over by a bunch of generals, the country went into a swirling mess of economic downturn and unimaginable inflation. But that land, known as Turkey today, after it started the journey back to the Islamic rule under the leadership of Prime Minister Recep Tayyip Erdogan, has seen its GDP increasing at an annual rate of 6%, lagging behind only China among the Group of 20 nations. The payoff has been average economic growth of 4.4% since he was first elected in 2002. FYI, PM Erdogan belongs to Adhaalath ve Kalkınma (progressive) Party. Oh, and there were ppl trying to ban that Adhaalath party there in Turkey too 😀 (what a coincidence, Anony, eh!)

    Goldman Sachs Group Inc. economist Ahmet Akarli wrote in a report published in 2008 that Turkey’s $620-billion economy is on a trend to move ahead of Germany to become the third-biggest in Europe by 2050, behind only Russia and the U.K. Goldman Sachs’s chief global economist listed Turkey among emerging markets that could become world leaders.

    Turkey survived the global economic crisis on its own, without bailing out a single bank, while it's neighbors Greece and Bulgaria are currently at the verge of state bankruptcy. And the Turkish currency the Lira has held close to 1.50 per dollar since October 2008, even as the central bank slashed interest rates by more than half to a record low of 6.5 percent. Lira Steady Lower inflation has reduced bond yields, above 50 percent for much of the pre-Erdogan decade, to about 9 percent. That's Islamic finance and economics framework, y'all!!

    Ah, well, enough with the random quotes! Chao.

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  37. "I asked for a list of prosperous countries, free from injustice, intimidation and cruelty in the modern world where Sharia law is implemented."

    I thought if Sharia is implemented, then there would not be a 'list of countries' rather one State known as the Islamic State!!

    So whoever is asking this question is stuck in an endless paradox. He's a patient man, awaiting the answer to a question the answer for which never existed. He shall wait and wait.. lol

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  38. turkeys' islamic economic system? you guys loath turkey's secularism but when you see it's economic success you run to make it one of you own brotherly muslim state and then credit it with islamic shariah? if that is not hypocrisy i dunno what is!

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  39. I have tried to be civil, but you are forcing my hand. I will ask again.

    Give me a list of countries in the modern world under Sharia law that is free from cruelty, terror and intimidation.

    (Note to self: Good grief, I should write a book called "Interrogation made easy.")

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  40. this is nothing to worry it says where Maldivian law is silent. so we ll be one step ahead of the mullas and we ll make laws for example we ll even have a law to make Ban Adhaalath. or make a law that says No capital punishment and the courts have to simply have to digest that...

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  41. and sorry if Islamic Sharia is to be executed in Maldives and they win the moderates over this. A civil war will be the next step. I will for one join any armed Resistance to stop it that is in case the extremists won over the moderates in this yet non violent war.

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