Tag: shari’a law

“Murder has to be punished with murder”: Yameen calls for death penalty to be put into practice

Progressive Party of the Maldives (PPM) Presidential Candidate Abdulla Yameen has called for the death penalty to be put into practice in the Maldives, a day after vowing to reform the judiciary.

The MP, half brother of former autocratic ruler Maumoon Abdul Gayoom, made the comments while speaking on the program Voice of Maldives on Monday night (July 22).

Yameen explained that although he was not previously an advocate of the death penalty, he now believed it must be implemented to save Maldivian society from murders that have become too commonplace, according to local media reports.

Yameen noted that as a result of the “recent spate of killings” in the Maldives he has had a “change of heart” and now believes “murder has to be punished with murder.”

“It is something that has to be done. We cannot move forward without making our streets safe,” Yameen said.

Yameen explained that a death penalty sentence should only be implemented if upheld by the Supreme Court.

“I now believe, if it can be proven in trial so that the country accepts, if it is proven to a degree accepted by judicial principles, if all the steps are followed, and if the Maldivian people believe, I believe that the death penalty is necessary to save society,” he said.

He also noted that because detailed legislation is necessary to implement the death penalty, the current government recently proposed a death penalty bill in parliament.

Regarding whether he would implement Islamic Sharia law, Yameen’s response to a caller was that “justice is currently delivered in the Maldives through Islamic principles” and that he would act “in accordance with what is laid out by the constitution.”

He pledged that under a PPM government he would “do whatever has to be done” to make the Maldives a peaceful place.

Yameen also denied financing or having links with gangs, claiming these allegations “do not have any basis” and politicians perpetuating such rumors “lack sincerity”.

Such rumors that Yameen has gang ties have “been around a long time”, according to CNM.

During the PPM presidential primary, former candidate and PPM Vice President Umar Naseer publicly accused Yameen of involvement with gangs and the illegal drug trade. However, Yameen denied the “defamatory accusations” calling them “baseless and untrue”.

Yameen further noted during the Voice of Maldives program that a “major part” of the government budget would be spent on youth, including a special rehabilitation program for drug addicts, with more than 900 placements available, if he is elected president.

Last month, Yameen also announced that PPM intended to transform Hulhumale’ into a “Youth City” where enough apartments to accommodate young people would be constructed.

Judicial reform pledge

Meanwhile, a day prior to Yameen’s comments in favor of implementing the death penalty to quell violent crime in the Maldives, the PPM presidential candidate pledged to reform the judiciary, even if it required amending the constitution.

To gain investors’ confidence and bring foreign investments to the Maldives, reforming the judiciary to ensure swift justice and confidence in the institution is necessary, Yameen explained.

“We see the many challenges ahead from every direction. So we are not only competing with other candidates. We are competing against the flailing economy and fading culture and values,” he said.

Yameen told local media that Chief Justice Ahmed Faiz Hussain had also noted the judiciary has “problems”.

Faiz has meanwhile urged the public and media to refrain from making statements that would give a negative image of the judiciary, and called for constitutional amendments.

His comment’s follow the Maldives Bar Association (MBA) calling for the suspension of Supreme Court Justice Ali Hameed pending an investigation into his alleged sexual misconduct. Hameed is under investigation by both the police and Judicial Service Commission (JSC) over the circulation of at least three sex videos apparently depicting him fornicating with unidentified foreign women.

Earlier this year, Faiz said that the current seven-member bench of the Supreme Court cannot be abolished and will continue to remain as the highest court of the country as long as the Maldives remains a democracy. In July 2012, the Chief Justice also said the death penalty can be executed within the existing justice system of the Maldives.

Death penalty controversy

While the Maldives still issues death sentences, these have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954, for the crime of practicing black magic.

Death penalty legislation was presented to parliament in June by government-aligned Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed to implement the death penalty by hanging if the Supreme Court upheld a death sentence passed by a lower court. The legislation was put to a vote to decide whether or not to proceed with the bill at committee stage and was ultimately rejected 26-18 with no abstentions.

The Maldivian Democratic Party (MDP) MP said at the time that the party’s parliamentary group had opted to throw out the bill on the grounds that it would be “irresponsible” to approve such measures with ongoing concerns held by itself and international experts over the functioning of the country’s judiciary.

The party additionally criticised the proposed bill as being irrelevant, arguing that the country’s draft penal code – a recent issue of contention between MPs and certain political parties – already included provisions for the death sentence as outlined under Islamic Sharia.

Recent calls for presidential clemency to be blocked led Attorney General (AG) Azima Shukoor to draft a bill favouring the implementation of the penalty via lethal injection. It was met with opposition by several religious groups such as the NGO Jamiyyathul Salaf, which called for the draft to be amended in favour of beheadings or firing squads.

Minivan News understands that the bill submitted by the AG remains open for comments on potential amendments.

More recently, the state called for a High Court verdict on whether the practice of presidential clemency can be annulled.

Eariler this year, the UN country team in the Maldives issued a statement calling for the abolition of both corporal punishment and the death penalty in the Maldives.

Additionally, the state’s stance to review implementation of death sentences has led to strong criticism from certain human rights-focused NGOs this year.

Speaking to Minivan News immediately following a visit to the Maldives in April 2013, Amnesty International’s South Asia Director Polly Truscott raised concerns about the recent drafting of new bills outlining implementation for executions.

She argued that even in practice, such bills would be deemed as a human rights violation, with the NGO maintaining that there remained no research to support the assertion that executing criminals served as an effective deterrent for serious crimes.

She noted this was a particular concern considering the recent findings of various international experts such as UN Special Rapporteur on the Independence of Judges and Judiciary, Gabriela Knaul, regarding the politicised nature of the country’s judicial system.

“To leave Sharia law to the discretion of individual judges is something we believe would be a bad idea,” she said at the time.

In May this year, Amnesty International condemned the sentencing of two 18 year-olds to death for a murder committed while they were minors, and called on Maldivian government authorities to commute the sentence.

Meanwhile, a survey of the leading criminologists in the United States conducted in 2009 found that 88 percent of the country’s top criminologists “did not believe” that the death penalty is a “proven deterrent to homicide”.

The study, Do Executions Lower Homicide Rates? The Views of Leading Criminologists published in the Journal of Criminal Law and Criminology, also found that 87 percent of the expert criminologists believe that abolition of the death penalty would not have any significant effect on murder rates.

Likes(0)Dislikes(0)

Sentencing children to death is alarming: Amnesty International

Amnesty International has condemned the sentencing of two 18 year-olds to death for a murder committed while they were minors, and called on Maldivian government authorities to commute the sentence.

The Juvenile Court issued the death sentence to two 18 year-olds found guilty of the February 18, 2012 murder of Abdul Muheeth. Muheeth was stabbed at 1:45am near the Finance Ministry building in the capital Male’ and later died during treatment.

Following the sentencing Amnesty International issued a statement urging Maldivian authorities to commute the death sentence and stop the potential execution of the pair, who were sentenced to death after being found guilty of a murder committed when they were under 18.

“The Maldives is entering new and dangerous territory – imposing death sentences for crimes allegedly committed by children is alarming,” said Polly Truscott, Amnesty International’s Deputy Asia-Pacific Director.

“The Maldives authorities are flouting international law – anyone convicted of a crime committed when they were under 18 is exempt from the death penalty.

“The authorities must immediately reverse these death sentences, and the prosecution must not try to uphold the death sentences in any appeals,” Truscott added.

Amnesty International also called for the sentences of other prisoners on death row to be commuted, the establishment of an official moratorium on executions, as well as the abolition of the death penalty.

“Amnesty International opposes the death penalty in all cases without exception. There is no convincing evidence that the death penalty works as a special deterrent against crime,” said Truscott.

On December 30, 2012 the Juvenile Court finished taking statements from the heirs of Abdul Muheeth, where all approved passing the death sentence against the trial’s defendants should they be found guilty.

In March, Police Inspector Abdulla Satheeh said Muheeth was mistakenly killed by a gang and that he was not the intended target.

Police previously announced that Muheeth was not a member of any gangs, adding that he had also held a responsible job at the time of his death.

Death penalty controversy

Article 88[d] of the Maldives Penal Code states that murders should be dealt with according to Islamic Sharia and that persons found guilty of murder “shall be executed” if no heir of the victim objects, according to Islamic Sharia.

Although the Maldives Penal Code allows for the death sentence, it has traditionally been commuted to 25 years in prison.

In October 2012, the government announced its intention to introduce a bill to the People’s Majlis in order to guide and govern the implementation of the death penalty in the country.

In December 2012, the Attorney General’s Office completed drafting a bill outlining how the death sentence should be executed in the Maldives, with lethal injection being identified as the state’s preferred method of capital punishment.

However, earlier this year religious NGO Jamiyyathul Salaf has called on Shukoor to amend the government’s draft bill on the implementation of death penalty, urging that convicts be beheaded or shot instead of given lethal injection.

The bill is currently pending approval by parliament, and has given rise to dissenting opinions on the matter.

This April, the Maldivian state sought a High Court ruling on the President’s discretion to commute death sentences to life imprisonment.

During a hearing on April 22, in a case filed by five citizens seeking to annul laws granting the President discretionary powers of clemency, the state attorney said the government would prefer the court itself provided a decision on the matter in accordance with Islamic Sharia.

The state attorney insisted that the decision be made by the court, despite the High Court Judges Bench emphasising that the state must provide an answer since the case concerned a constitutional matter.

The last person to be judicially executed in the Maldives was Hakim Didi, who was executed by firing squad in 1953 after being found guilty of conspiracy to murder using black magic.

Statistics show that from January 2001 to December 2010, a total of 14 people were sentenced to death by Maldivian courts.

However in all cases the sitting president has commuted such verdicts to life sentences.

Likes(0)Dislikes(0)

Rising extremism could threaten Maldives’ tourism industry: report

Religious conservatism and extremist violence have been increasing in the Maldives over the past decade, while incidents of Maldivians joining overseas jihadist groups are becoming more common, according to a report published in the Combating Terrorism Center (CTC) Sentinel, a publication based out of the West Point military academy in the US.

The article entitled The Threat from Rising Extremism in the Maldives, observes that growing religious extremism and political uncertainty could result in more violence and negatively affect the nation’s tourism industry, which would be “devastating” to the Maldives.

“This has coincided with a number of violent attacks on liberal activists and other citizens who have expressed outspoken support for moderate religious practices,” the report notes.

If current trends continue “extremist incidents may rise, with violence targeted against the country’s more liberal citizens,” it states.

According to the report, five key factors have contributed to the growing extremism and violence:

  • the encouragement of  “more hard line Islamist elements in the country” during the 30 year autocratic rule of former President Maumoon Abdul Gayoom;
  • political uncertainty;
  • an increasing number of people seeking education in foreign madrasas;
  • grassroots radicalisation through civil society and political parties;
  • escalating extremist incidents of violence and involvement with jihadist groups.

“The country has already suffered one terrorist attack targeting foreign tourists, and a number of Maldivians have traveled to Pakistan’s tribal areas to receive jihadist training. Moreover, evidence exists that jihadists tried to form a terrorist group in the country in 2007-2008,” the report states.

The study recommends that Maldivian political and religious developments be followed closely.

Encouraging of hard line Islamic elements

Islam was introduced to the Maldives in the 12th century and subsequent religious practices have been the “moderate, more liberal form of the religion”.

“Yet, during Gayoom’s three decade autocratic rule, the Egyptian-trained religious scholar enacted a number of measures that, at least inadvertently, encouraged more hard line Islamist elements in the country,” the report concluded.

“From imposing a ban on Christian missionary radio to apprehending migrant service providers for allegedly preaching and practicing their own religion, Gayoom’s regime initiated an era of state-backed religious intolerance and radicalisation in the Maldives.”

The Protection of Religious Unity Act, passed in 1994, mandated that no other religion but Islam could be practiced.

In 1996, Gayoom constituted the Supreme Council for Islamic Affairs, renamed the Ministry of Islamic Affairs in 2008, to preside over religious affairs in the Maldives.

“This body of clerics pressured the government to carry out moral and cultural policing of alleged “anti-Islamic activities”,” the report states.

For example, in 2008 the Ministry requested police “ban nightclubs and discotheques for New Year’s Eve celebrations because they were contrary to Islam”.

“By the end of Gayoom’s time in office in 2008, the dress code for women had grown increasingly conservative, and more and more men grew out their beards,” the report states.

Women now dress more conservatively with fewer brightly colored clothes. Instead they “increasingly wear black robes and headscarves and on more conservative islands such as Himandhoo, women wear black abayas and face veils,” it added.

Political uncertainty

The democratic transition “gave a greater voice to religious conservatives and those calling for the rigid implementation of Shari`a (Islamic law) in the Maldives,” states the report. “This became especially evident following the implementation of political reforms and the transition to multi-party democracy in 2008.”

The first democratic presidential elections in the Maldives were held in 2008, with Mohamed Nasheed defeating Gayoom in the second round with 54 percent of the votes.

However, the Nasheed administration was accused of defiling Islam by “promoting Western ideals and culture and restricted the spread of more austere Islamic practices,” the article notes.

This resulted in the December 2011 “Defend Islam” protests led by opposition political parties, religious groups, civil society organisations and thousands of supporters in the country’s capital, Male’.

These protests “unleashed a chain of events that culminated in a bloodless coup on February 7, 2012 that toppled the Maldives’ first democratically-elected government,” declared the study.

Appeal of education in foreign madrasas

Education in foreign madrasas has also contributed to growing extremism within the Maldives, with students “unwittingly attending more radical madrasas” and preaching these views upon their return.

“The offer of free education in madrasas in Pakistan and Saudi Arabia is widely acknowledged as a core means of radicalising Maldivians locally, with well-meaning parents sending their children off on scholarships to ‘study Islam’,” the report states.

Following the 2007 terrorist attack in Male’s Sultan Park, “Gayoom himself warned of this problem”.

“Maldivians are influenced by what is happening in the world. They go to Pakistan, study in madrasas and come back with extreme religious ideas,” the report quoted Gayoom as saying.

Grassroots radicalisation

“The contemporary Maldivian political environment favors radical and political Islam taking root in Maldivian society, especially when political parties and civil society increasingly take refuge in religion,” the report states, citing Maldivian academic Dr Azra Naseem.

In 2010, new regulations prohibited “talking about religions other than Islam in Maldives, and propagating such religions through the use of any kind of medium.” The Ministry of Islamic Affairs published this legislation under the Protection of Religious Unity Act of 1994.

However, the report found that the “major force behind more austere religious practices in the Maldives is the Adhaalath (Justice) Party (AP), which has controlled the Ministry of Islamic Affairs, with Sheikh Shaheem Ali Saeed as its current minister”.

Given that the AP supports strict implementation of Shari’a Law, the party has “outspokenly argued that music and singing are haram (forbidden) and called for an end to the sale of alcohol at the country’s hundreds of luxury resorts,” said the report.

In February 2013, Saeed warned that “various Christian organisations and missionaries are strongly involved and active in our society because they want to ‘wipe out’ Islam from the Maldives”. He subsequently started a campaign against Christians and “Freemasons”, the report stated.

Two non-government organisations (NGOs), Jamiyyathu Salaf (JS) and the Islamic Foundation of Maldives (IFM), are considered religiously conservative Salafists who “work with the country’s political parties to further the cause of Islamism in the Maldives,” the report stated.

Extremist incidents

Extremists have directly targeted Maldivian liberal intellectuals, writers and activists, the study notes.

“On January 3, 2011, assailants attempted to kill Aishath Velezinee, an activist fighting for the independence of the country’s justice system, by stabbing her in the back in broad daylight,” said the report.

Velezinee is a whistleblower that in 2010 identified members of the Judicial Service Commission (JSC) who were “conspiring with key political figures to hijack the judiciary and bring down the country’s first democratically-elected government,” the report added.

The study found that the Ministry of Islamic Affairs was “at least indirectly encouraged extremism” by initiating “crackdowns” on media outlets for anti-Islamic content.

The blog of prominent free speech and religious freedom campaigner, Khilath ‘Hilath’ Rasheed, was blocked in 2011. A month afterward, Rasheed’s skull was fractured when 10 men attacked him with stones during a peaceful rally he organised in Male’.

Rasheed was arrested a few days after the incident and jailed for 24 days for participating in the rally.

In June 2012, Rasheed was nearly killed “after extremists cut his throat open with a box cutter”.

“After the attempt on his life, Rasheed named three political leaders—Islamic Affairs Minister Mohamed Shaheem Ali Saeed, Adhaalath Party President Imran Abdulla and Jumhooree Party lawmaker Ibrahim Muttalib Shaheem – as being indirectly responsible for the attempt on his life,” the report states.

Later in 2012, the moderate religious scholar and lawmaker, Afrasheem Ali, was stabbed to death at his home in Male’. He was considered an Islamic moderate who was “outspoken in his controversial positions,” reads the report.

In February 2013, “a reporter for the Maldivian Democratic Party (MDP)-aligned Raajje TV station, Ibrahim ‘Aswad’ Waheed, was beaten unconscious with an iron bar while riding on a motorcycle near the artificial beach area of Male’,” the study added.

Previously, during the 2011 South Asian Association for Regional Cooperation (SAARC), protesters “intolerant toward other religious and cultural symbols” damaged monuments gifted to the Maldives by Pakistan, Bhutan, Sri Lanka.

Islamic radicals on February 7 2012 also vandalised archaeological artifacts in the National Museum that were mostly ancient Hindu and Buddhist relics, destroying 99 percent of the evidence of Maldivian pre-Islamic history.

Jihadists

“In April 2006, a Maldivian national, Ali Jaleel, and a small group of jihadists from the Maldives attempted to travel to Pakistan to train for violent jihad in Afghanistan or Iraq,” the report reads.

While his first attempt was unsuccessful, Jaleel did eventually travel to Pakistan and “launched a suicide attack at the Inter Services Intelligence (ISI) headquarters in Lahore in May 2009.”

In September 2007, Islamic extremists committed a terrorist attack in the Maldives aimed at the tourism industry.

A bomb exploded in Male’s Sultan Park and wounded 12 foreigners. The three men arrested and later jailed for the bombing confessed that their goal was to “target, attack and injure non-Muslims to fulfill jihad,” states the report.

A month following the bombing, the investigation led to Darul-Khair mosque on Himandhoo Island. However, “some 90 masked and helmeted members of the mosque confronted police, wielding wooden planks and refusing to let the police enter,” said the report.

Although the Maldivian army eventually established control, “The stand-off resulted in a number of injuries, and one police officer had his fingers cut off.” In November, a video of the mosque confrontation was posted on the al-Qa’ida-linked alEkhlaas web forum by a group called Ansar al-Mujahidin with the message “your brothers in the Maldives are calling you,” the report states.

Evidence suggests that three Maldivian jihadists planned to establish a terrorist group in the country around 2007-2008 and send members for military training in Pakistan.

“At least one of these individuals did in fact travel to Pakistan, as Yoosuf Izadhy was arrested in Pakistan’s South Waziristan Agency in March 2009, along with eight other Maldivians,” states the report.

In 2009, then-President Nasheed warned that “Maldivian people are being recruited by Taliban and they are fighting in Pakistan,” quotes the report.

“Despite its reputation as an idyllic paradise popular among Western tourists, political and religious developments in the Maldives should be monitored closely,” the report concludes.

Likes(0)Dislikes(0)

Maldives failed “at every level” to protect minor charged with fornication from years of abuse

Additional reporting by JJ Robinson.

Council heads and senior civil society figures have slammed the judiciary, state authorities and welfare groups over their systemic failure to protect a 15 year-old girl convicted of fornication and sentenced to flogging, despite her history of alleged sexual abuse dating back to 2009.

While the case has only recently received global media coverage, local councilors and woman rights groups told Minivan News that authorities failed for years to address “public uproar” over the child’s alleged abuse.

The girl from the island of Feydhoo in Shaviyani Atoll is currently in the care of the Ministry of Gender and Family. She was identified as a victim of child abuse last year after the body of a dead baby was discovered buried in the outdoor shower area of her family home.

Her stepfather was later charged child sexual abuse, possession of pornographic materials and committing premeditated murder, while her mother also faces charges for concealing the alleged sexual offences.

However, during the course of investigations into the case, officials told Minivan News that the state had no choice but to press fornication charges against the minor after she confessed to having what she claimed was consensual sex with an unidentified man.  She now faces 100 lashes in public when she turns 18 – a sentence the President’s Office this week said it would try to avert amid growing international censure and debate over corporal punishment and reform of the country’s Sharia-based judicial system.

The case has led to intense global media scrutiny and an online campaign by petition website Avaaz.org, which gathered almost a million signatures in two days – more than the number of tourists who visited the country last year.

With Maldivian authorities and child protection bodies now in the global spotlight, Aneesa Ahmed, Chairperson for the Hope for Women NGO, said councilors from Shaviyani Atoll had been expressing concerns to authorities about the girl’s safety for several years.

Aneesa said the inaction of a wide variety of institutions in response to these concerns reflected the state’s failure “at every level” to try and protect from abuse.

“All institutions, including the counsellor – if she had one while being interrogated by police – failed, because I am told her case was reported as early as 2009,” she added.

Speaking on Thursday (March 21),  Atoll Council President Moosa Fathy said police had conducted numerous investigations into the girl’s situation since 2009 in response to concerns raised by councillors on Feydhoo.

However, Fathy said the girl had ultimately been left in the custody of her mother and stepfather even after she was found to pregnant. He blamed the “limited facilities” available to house and protect the girl, as well as a lack of budget, management and staff to shelter vulnerable young people.

“The police thoroughly investigated the matter, but the response of many organisations simply was not good enough,” Fathy said. “Even now the problem has not been solved.”

Fathy said that rather than blaming a single state or civil society organisation for the girl’s ongoing abuse, every institution charged with the girl’s care had to take responsibility for the matter.

“This girl needed special care. There are special shelters where she would have been safe, but I understand there is not enough budget or staff and general administrative mechanisms to run such programs,” he said.

Fathy said he had been raising concerns about the girl’s welfare for the last two years, and said he had also tried unsuccessfully to meet with former Gender Minister Dhiyana Saeed while she was still in her post to discuss the case.

Island uproar

Sources on Feydhooo have meanwhile told Minivan News that concerns had been raised by islanders since 2009 that the girl had potentially been the victim of sexual abuse not just by her stepfather, but a number of other unidentified men on the island.

However, the island council claimed the victim’s unwillingness to tell authorities about her alleged abuse meant she remained living with her mother and stepfather.

Island Councillor Ibrahim Naushaad told Minivan News that upon discovering the child was pregnant last year,  police and the Gender Ministry failed to remove the girl to a shelter.

“The police and gender ministry didn’t take responsibility or provide counselling to the girl,” he said. “The police and ministry investigated, but we don’t know what she said to them.”

Naushaad said the minor presently remained under the care of the Gender Ministry as she was unable to be returned to Feydhooo, as her biological father was being severely disabled and unable to support or look after his daughter.

“Same thing could happen again”

Naushaad alleged that several men on the island who were also believed to have had sex with the minor remained unidentified, leaving her at risk of further abuse should she return to the island.

“The Human Rights and Gender Ministry asked if they could send her back to the island, but I have explained that her father would be unable to look after her and keep an eye on her,” he said. “If they send her back here, the same thing could happen again.”

According to Naushaad, the minor was questioned by police on at least four separate occasions, but he said she had been unwilling to state whether she had faced sexual abuse from her family or other men on the island.

Sources on the island said that the perception was that the minor, along with her mother and stepfather, were believed to have been “lying” to police investigators.

Naushaad told Minivan News there remained concern among islanders that the girl had now been charged by the country’s court with fornication, after being found guilty of having sex with an unidentified partner.

“They did not identify who this man was and that is why we have concerns about what they are doing. This is not good,” he said.

Naushaad claimed the council done everything it could to try and take responsibility for the matter by continually raising concerns with authorities since back in 2009.

Legal review

After the minor was first charged with fornication in January, the government pledged to review the  use of flogging as a punishment and legal practices it claimed, in certain cases, criminalise victims of sexual abuse.

While there is no timetable for reforms to be put in place, President’s Office Spokesperson Masood Imad expressed hope on that punishments such as flogging would be debated and one day repealed.

“I’m sure when we debate [punishing suspects for fornication with lashes], we will find an acceptable solution for all parties,” he said.

The Maldives constitution does not allow any law contradicting the tenets of Islam, and the legal system defaults to Sharia law in areas not covered by common law.

The last statistics available from the Department of Judicial Administration on flogging sentences show that 90 percent of the people found guilty of “Zina” – fornication – and sentenced to flogging in 2011 were female.

A total of 129 fornication cases were filed in 2011 and 104 people sentenced, out of which 93 were female. This included 10 underage girls (below 18), 79 women between age 18-40 and and four women above 40 years.

Of the 11 males who were sentenced, only one was a minor, with the others aged between 25-40.

Compared to 2010, the overall sentences in fornication increased by 23 percent in 2011, but the number of males sentenced for flogging decreased by 15 percent while the women increased by 30 percent.

According to Maldivian law, a person found guilty of fornication is subjected to 100 lashes and sentenced to one year of house arrest or banishment while a minor’s flogging is postponed until she or he reaches 18.

History of selective enforcement

Masood noted that the Maldives had a tradition of turning away from practices such as the death sentence and forms of corporal punishment, even where these were proscribed in Sharia.

According to Masood, punishments such as removing the hand of a suspect in the case of theft had not been used since the 1960s.

He maintained that there was a history of reviewing the country’s relationship with Sharia law in the past and that a similar process could be had with the debate about flogging.

However, Masood said that all authorities involved in proposed legal reforms would have to tread “a very fine line” in order to tackle long standing “traditions” and beliefs in the country.

“Reforms must be undertaken, but this must be done gradually considering we are dealing with a process embedded in society,” he said. “A certain amount of compromise may be needed.”

Masood said the state was committed to preventing the minor from facing her sentence, while also looking at the potential for reversing the use of flogging as a traditional punishment.

“The little girl will not be flogged for another two years, so we must look at what can be done [in the meantime],” he said.

However the conservative religious Adhaalath Party – the members of which largely dominate the Maldives’ Ministry of Islamic Affairs – has already publicly warned that “no one has the right to criticise any penalties specified in Islam.”

Quoting verses from the Quran, a statement from the party said that no citizen should be allowed to express ideas and opinions about a verdict made in accordance with the religion in a court of law in a 100-percent Muslim country.

The Adhaalath Party further cautioned that criticising issues such as the girl’s flogging sentence would “encourage enemies of Islam, create confusion among the general public and open up opportunities for people who aim to stop the practice of similar penalties commanded in Islam.

“The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture,” the statement read.

The Prosecutor General’s (PG’s) Office has confirmed to Minivan News that it was not presently involved with any discussions over possible legal reforms of charges like fornication. Such a mandate lay with Attorney General Azinma Shukoor, the PG’s office said.

Shukoor, who was also recently appointed the current Acting Minister of Gender, Family and Human Rights, was not responding to calls from Minivan News at time of press.

Likes(0)Dislikes(0)

Abandoned child legally assigned foster parents for first time in Maldivian history

The Family Court has assigned foster parents to a 10-month-old baby for the first time in Maldivian history. The child, who had been abandoned, was transferred from state care to a married couple on Sunday, September 18.

“This is the first time that non-biological parents have been given legal guardianship of a child in the Maldives,” said Ilham Mohamed, a local NGO worker familiar with the matter.

Mohamed said that foster parents previously risked the biological parents turning up to demand money and/or the child. “This example will make the process more secure,” she said.

The new foster parents will have the same legal rights given in adoption, except for the rights to consent to marriage and leave an inheritance.

Mohamed pointed out that in many cases where a father will not consent to his daughter’s marriage, the young couple requests and often receives court permission. She said the process usually takes between two and three months.

The couple’s lawyer, former Attorney General (AG) Aishath Azima Shakoor, told local media that the couple wanted to opt for their new daughter to inherit an equal share of their property. According to Mohamed, Maldivian law allows foster parents this option.

Shakoor recently told local media that the court had transferred the state’s legal guardianship of the child under Shari’a law to the couple, who have agreed in writing to protect and provide for the girl.

The Maldives did not provide services for abandoned children before the 1990s. Sources say that the number of abandoned children rose during that decade, possibly due to the allegedly higher rate of drug use among young adults at that time.

In 1992, the Ministry of Gender and Family established the Unit for the Rights of the Child (URC), now known as the Child and Family Protection Services (CFPS). Since then, the ministry maintains that the number of care-giving staff and institutions are unable to meet demand.

An Auditor General’s report dated 2009 reported 43 children at the state’s orphanage on Villingili, near Male. The report noted that the orphanage was understaffed and staff members were unable to provide sufficient care for children below the age of five. Most employees were not trained in child psychology, and there were no provisions for medical emergencies.

The orphanage on Male is currently over capacity and children are not segregated by age, said Mohamed.

Minivan News previously reported that Maldivian Family Law requires various next-of-kin be asked to care for abandoned children before the state assumes responsibility. But the process of identifying proper care-givers was reported long and difficult, and the Ministry of Family and Gender was regularly backed up with applications at the time.

The report also noted that adoption, as it is handled in the West, is illegal in Islam.

“Adoption in the Western style is not part of Islam,” explained Mohamed. “But fostering, or taking people into your care, is part of Islamic culture. It doesn’t really matter what name you use, foster or adopt, just so long as children have a safe place to live.”

Mohamed said she believes most orphanages have wait lists, and expects foster parenting to increase significantly.

“The couple that has been approved struggled to convince local authorities of their case. But now that this has been done once, it won’t be difficult for people to do it again.”

Mohamed noted that the struggle to legalize foster parenting began in the late 1990s, and calls the recent case a “very significant event.”

Likes(0)Dislikes(0)

Murder of newborn baby sends mother and daughter to life in prison

The Criminal Court has sentenced a woman and her mother to life in prison for killing an illegitimate new born baby.

Aminath Hussain, 31, and her 64 year old mother Sakeena Ali, both of Omadhu, Thaa Atoll confessed to the crime in court.

According to the court, the baby was delivered in a toilet, after which the grandmother submerged the baby in a pool of water.

They then put the baby into a polythene bag and buried it near the beach.

The Criminal Court has acquitted the 21 year old father of the crime.

Omadhu Case

Police Sub Inspector Ahmed Shiyam said there were “some clues that [the father] had some involvement,” but added that the court had made its decision and the police respected it.

Shiyam said although these types of cases are “not [reported on] a lot” there is another similar case currently being processed where a new born baby was “thrown into the sea” in Laamu Atoll.

Island Councillor for Omadhu Ahmed Abdulla said the incident occurred last year.

He said an islander knocked on his door early one morning when he was preparing to attend the first school assembly of the year.

“He knocked and told me to come out quick,” Abdulla said, “and when I came out, he told me that a baby had been killed on the beach.”

Abdulla said he immediately went to the beach and saw the baby’s legs protruding from the polythene bag.

He said there was blood around the baby’s neck, which appeared to be broken.

Abdulla then informed the police, who told him to monitor the crime scene until they arrived.

Shiyam confirmed the police had received a call from the island office reporting the crime.

Illegitimate children under Sharia law

Because abortion is illegal in the Maldives (the exception being if an unborn child is diagnosed with Thalassaemia), some women travel overseas to perform the operation..

But many cannot afford to so.

Deputy Minister of Health and Family Mariya Ali said “we don’t know a lot about it but there have been other [similar] cases.”

“It’s something that should be considered under child mortality,” she said, adding that there had been no comprehensive studies on the subject.

“We don’t hear about it a lot,” Ali said, “and we don’t know the exact prevalence of these cases.”

She added that many cases are probably not reported.

Mariya said there could be many reasons behind a family choosing to kill a baby, the main reason probably being that “children born out of wedlock still face discrimination” in society.

She noted that other factors, like the mother’s mental state, should be considered when looking at the reasons why people resort to these crimes.

Because under Sharia law premarital sex is forbidden, young couples can find themselves looking for a solution to get rid of an unwanted, and illegitimate, child.

Mariya said the Ministry of Health and Family would “talk to the Islamic Ministry and see how we can deal with these issues and reduce the number of cases.”

She added that “under Maldivian law, this is considered murder.”

Mohamed Shihaab of Child Abuse Watch Maldives did not hesitate in saying a crime such as this one “is not child abuse, it is murder.”

He said “some people think children born out of wedlock do not have a right to life,” adding that it was a major concern for the country.

“We need to look at how justice is served,” Shihaab said. “In how many cases has it not been served?”

“People need to accept we live in a more complex society. The police, the Prosecutor General and the judiciary also need to be more advanced.”

Sheikh Abdulla Jameel said people were not afraid of committing these kind of crimes because the courts did not punish according to Sharia law.

He explained that the Qur’an says a person must be killed if the court finds them guilty of a murder.

“The judge decides how [the person] will be killed,” explained Sheikh Abdulla, adding that “people would be afraid to commit such crimes if the courts start punishing according to Islamic Sharia.”

Likes(0)Dislikes(0)