Tag: family court

Law and gender ministry threatens legal action against extremist practices

No additional reporting by missing journalist Ahmed Rilwan

The Ministry of Law and Gender has warned it would take legal action against extremist practices such as unregistered marriages and refusal to vaccinate or send children to school.

The ministry revealed in a press statement on Thursday (October 2) that the number of such cases brought to its attention by various state institutions was on the rise.

Legally unrecognised marriages and refusal to vaccinate or send children to school were criminal offences under child protection, family, public health, and religious unity laws as well as the penal code, the statement noted.

“As upholding the society’s interests is a responsibility of the state, we inform and announce that henceforth the relevant state authorities will be taking legal action against those who commit the aforementioned crimes,” the ministry warned.

Healthcare and education for children were also fundamental rights guaranteed by the Constitution, the ministry noted, and were not left to the discretion of parents.

Moreover, assuring the rights was a legal obligation of both the state and legal guardians, it added.

Children born of unregistered marriages pose several problems such as establishing legal guardianship and determining child care payments in the case of divorce, the ministry said.

Unregistered marriages

In its Universal Periodic Review (UPR) submission to the UN Human Rights Council, the Human Rights Commission of Maldives (HRCM) referred to an estimate from the education ministry in a 2011 assessment by the HRCM on child participation concerning the number of children whose parents refuse to send them to school.

“There are roughly 400 children being withheld from attending school by their parents due to religious beliefs,” reads the section titled ‘religious extremist ideologies.’

The report also observed that children born out of wedlock faced discrimination.

“Paternity testing is not admissible evidence in court and such a child would be denied father’s name, inheritance and child maintenance,” it stated.

The UPR report also referred to “reports of unregistered marriages encouraged by some religious scholars claiming that registering marriages with the courts are un‐Islamic and unnecessary.”

“State institutions acknowledge this information and raised concerns that children born to such marriages could face serious legal issues. Similarly women in such marriages are bound to face social and legal consequences,” the report stated.

In April, the Family Court announced it would not be registering marriages performed by individuals without the court’s involvement.

The court noted that it could not accept cases related to divorce or other disputes if marriages were not registered officially.

Marriages performed outside the Maldives are registered by the Family Court upon submission of legal documentation.

The penalty for violating the Family Act is meanwhile a fine of up to MVR1,000 or banishment to another inhabited island for a period less than six months.

The court had raised the issue of unregistered marriages in 2010 as well.

Religious extremists in the Maldives have both endorsed and performed such marriages, claiming that even private, out-of-court marriages should be treated as legal as long as the minimum Shariah requirements for marriage are met.

Some cases of out-of-court marriages include child marriages, which are to a large extent illegal in the Maldives.

Family Court Chief Judge Hassan Saeed said in April that there was no basis in Islamic Sharia to argue that officially registering marriages was not a legal requirement.

“You cannot say it is okay to perform a marriage hiding inside a room with two random witnesses [to whom] you give some treat,” he told local media.

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Family Court slams corruption investigators for disrespectful behavior

The Family Court has slammed a corruption investigator who was denied entry to the court on May 15 for disrespectful behavior, local media have reported.

In a letter to the Anti Corruption Commission (ACC), the Family Court said the actions of the commission’s investigators were “not that expected in a court of law” and denounced false media reports that the court had verbally abused and thrown out the investigators.

ACC President Hassan Luthfy told local media last week he was saddened by the court’s refusal to provide information and had denied two investigators entry and access to information despite warrants by the commission.

The court further said it has provided the requested information previously and would hand over the information again if a “clear” request was made.

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Family Court rules baby cannot be separated from German mother

The Family Court has ruled that the baby of Ahmed Sharuan and Tanja Sharuan cannot be separated from the mother.

The verdict last week however stated that the court cannot rule on child custody as the couple is still legally married.

In March 2014, Ahmed Sharuan was accused by his wife Tanja Sharuan of abducting the couple’s baby from her home in Zurich.

The Family Court subsequently released an injunction ordering the father to return the child to the mother. Sharuan appealed the decision at the High Court.

However, the High Court upheld the decision of the Family Court on March 20, and on March 24 Sharuan returned the baby to the mother in the presence of police.

Tanja also launched an Aavaaz petition at the time, seeking support for her cause while claiming that Sharuan was accusing her of attempting to raise the child as a non-Muslim despite her conversion to Islam.

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Family Court throws out corruption investigators

The Family Court has thrown out two investigators from the Anti Corruption Commission (ACC).

ACC President Hassan Luthfee told local media the two investigators had gone to the court last Thursday (May 15) with a warrant from the commission but court officials refused them entry.

“We have faced this issue with [government] offices before. It is very concerning that this is happening in the judiciary or the courts,” Luthfee told newspaper Haveeru.

The ACC will continue with its legal obligations despite challenges, he added.

A Family Court official denied the allegations, but declined to comment on the matter further. Local media have said this is the second time the ACC has been denied access to the Family Court.

In December, Luthfy said government companies passed board resolutions to prevent the ACC from accessing information. He then urged the government to pass an anti-corruption bill stating that the biggest obstacle to the fight against corruption was lack of laws on the issue.

The ACC currently relies on the outdated law on Prevention and Prohibition of Corruption passed in 2000 under former President Maumoon Abdul Gayoom.

The commission’s ability to prevent state institutions from proceeding with questionable agreements has also been hampered by a Supreme Court verdict in September 2013.

The ruling said the ACC did not have the legal authority to stop the Department of Immigration and Emigration from signing a contract with Malaysian mobile security firm Nexbis in 2010, to establish a border control system (BCS).

Recently, the Malé City Council cited the ruling in its refusal to abide by the ACC’s instruction to cancel a contract on holding a night market in the capital.

Meanwhile. President Abdulla Yameen last week urged the ACC to expedite investigations involving infrastructure projects worth “hundreds of millions of rufiyaa” claiming the government is facing losses due to delays.

The ACC told the state broadcaster at the time that the commission has always endeavoured to complete investigations as quickly as possible in order to avoid losses to the public and the government.

The commission noted that recurring problems hindering investigations included having to provide a legally-mandated period for accused parties to respond to allegations after seeking legal counsel, as well as difficulties in obtaining relevant documents from state institutions.

According to a survey published by advocacy NGO Transparency Maldives in December, 83 percent of people surveyed felt corruption had increased or stayed the same during the past two years.

The Majlis topped the Global Corruption Barometer (GCB) survey with 60 percent feeling it to be ‘extremely corrupt’, followed by political parties at 57 percent, the judiciary at 55 percent and the police at 34 percent.

A recent survey on public attitudes towards democracy also found 46 percent of the public have no confidence in the courts. Only 20 percent reported a great deal of confidence in the courts.

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Fatwas against registering marriages a huge challenge: Family Court chief judge

Fatwas claiming that registering marriages at the court is unnecessary and un-Islamic are posing serious challenges to the Family Court, Chief Judge Hassan Saeed has said, suggesting the formation of an official state institution to issue fatwas.

“As Maldives is a 100 percent Muslim country, legally mandating some people to issue fatwas officially will encourage people to follow the law,” Saeed was quoted as saying by newspaper Haveeru.

Registration of marriages was a common practice in all countries, he observed, calling on religious scholars to publicly discuss and clarify such issues.

“Is there any basis in law or Sharia to say that [registering marriages] is not an Islamic requirement? You cannot say it is okay to perform a marriage hiding inside a room with two random witnesses [to whom] you give some treat,” Saeed was quoted as saying.

The Family Court issued a statement last week announcing that it will not register marriages performed by individuals without the court’s involvement, which would be in contravention of the Family Act.

Complaints regarding the refusal to register such marriages will also be rejected by the court, the statement noted.

As such marriages have come to the court’s attention, the Family Court noted that it could not accept cases related to divorce or other disputes as the marriages were not registered officially.

The rights of couples and their children could only be protected through wedlock within the bounds of law, the court said, insisting that marriages could only be performed or sanctioned by the state.

Marriages performed outside the Maldives are registered by the Family Court upon submission of legal documentation.

The penalty for violating the Family Act is meanwhile a fine of up to MVR1,000 or banishment to another inhabited island for a period less than six months.

The issue of unregistered marriages was raised by the court in 2010 as well.

Religious extremists in the Maldives have both endorsed and performed such marriages, claiming that even private, out-of-court marriages should be treated as legal as long as the minimum Shariah requirements for marriage are met.

Some cases of out-of-court marriages include child marriages, which are to a large extent illegal in the Maldives.

Under the Family Act, children under the age of 18 can get married at the court if he or she has reached puberty and has received a special permission from the court.

The Child Sex Abuse (Special Provisions) Act however states that engaging in sexual activity with a child through a marriage performed in accordance to Islamic Shariah principles shall not be considered child abuse.

In October 2009, the Human Rights Commission of the Maldives looked into a case involving the marriage of a nine-year-old by religious preachers, whilst police investigated a similar case earlier that year.

In 2007, local media reported that a 14-year-old girl was married privately to an older man on Himandhoo island – a hotbed of religious extremism at the time.

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Sharuan returns baby to its mother in presence of police

Ahmed Sharuan – accused by Tanja Gab Pradel Sharuan of abducting the couple’s baby from her home in Zurich – has returned the child to her mother in the presence of police last Thursday (20 March 2014).

Speaking to Minivan News today, a police media official confirmed that the baby had been returned to the mother following a High Court ruling issued on March 20 which supported the Family Court’s decision to return the baby to the mother.

“The High Court ruling was implemented last Thursday and now the case has been concluded,” a police media official said.

The case had been appealed at the High Court, with Sharuan claiming that the Family Court’s decision was unlawful and that it had not considered the points he had noted regarding the mother’s alleged refusal to raise the child as a Muslim.

Speaking to Minivan News on Thursday (March 20), Tanja expressed joy at having been given custody of her child.

“I am very happy about the High Court’s decision. I have always had faith in the Maldivian law. As a Muslim mother, I am more than happy to have my baby back in my arms,” Tanja said.

She further expressed gratitude for the “wonderful support given from [her] Maldivian friends”.

Three days ahead of Thursday’s court hearing, Tanja had launched an Avaaz petition seeking support in her case to gain custody of her child.

“My daughter is only five months old and she was abducted by her father from our then home in Zurich and he ran away with her to the Maldives. I am German but now in the Maldives and have submitted a case to the Family Court,” read the petition.

“The Family Court on Monday issued an injunction to my husband Ahmed Sharuan to hand over the baby to me within 24 hours, by 3pm Tuesday 11th February 2014.”

“However, he refused to obey this court order and went into hiding for several days. Whilst in hiding, he arranged a lawyer and submitted an appeal to the High Court to cancel the Family Court injunction. The High Court on Sunday 16th March, suspended the injunction of the Family Court without even hearing my side of the story and without a hearing,” it continued.

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High Court upholds decision to return baby to German mother

The High Court has today (March 20) ruled in support of the Family Court decision to return the five month old baby of Ahmed Sharuan and Tanja Sharuan to the mother.

Details of the case revealed in an online petition launched by the mother claim that she was being accused by Sharuan of attempting to raise the child as a non-Muslim, despite having converted to Islam.

The High Court previously released a temporary injunction halting the Family Court order until the appeal case submitted to the superior court by Sharuan reached completion.

Police – having previously launched a search for Sharuan – ceased the investigation following the High Court order.

Speaking to Minivan News on Thursday afternoon, Tanja expressed joy at having received custody of her child.

“I am very happy about the High Court’s decision. I have always had faith in the Maldivian law. As a Muslim mother, I am more than happy to have my baby back in my arms,” Tanja said.

She further expressed gratitude for the “wonderful support given from [her] Maldivian friends”.

Three days ahead of Thursday’s court hearing, Tanja launched an Aavaaz petition seeking support in her case to gain custody of her child.

“My daughter is only five months old and she was abducted by her father from our then home in Zurich and he ran away with her to the Maldives. I am German but now in the Maldives and have submitted a case to the Family Court,” read the petition.

“The Family Court on Monday issued an injunction to my husband Ahmed Sharuan to hand over the baby to me within 24 hours, by 3pm Tuesday 11th February 2014.”

“However, he refused to obey this court order and went into hiding for several days. Whilst in hiding, he arranged a lawyer and submitted an appeal to the High Court to cancel the Family Court injunction. The High Court on Sunday 16th March, suspended the injunction of the Family Court without even hearing my side of the story and without a hearing,” it continued.

“I need all your support to achieve justice in this case. I am hoping that the Maldives justice system will deliver a fair judgement and give me the custody of my child according to the law,” concluded the petition, which has received over 600 signatures at the time of press.

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High Court decides to hold closed hearings on appeal case against Family Court ruling

The High Court has today decided to hold closed hearings in the appeal case against the Family Court hearings asking Ahmed Sharuan from Kanmatheege in Seenu Atoll Maradhoo to return his five month baby to the mother.

While the Constitution’s Article 42 (b) states that court hearings must be open to public, courts of law are allowed to hold closed hearings under special circumstances as seen fit by the judges.

Family Court previously ordered Sharuan to return the baby to the mother, and on his failure to comply, ordered police to search for him.

The search has since been called off following the High Court releasing a temporary injunction asking to halt implementation of the Family Court order.

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