The legal system of Maldives
An Islamic legal system with substantial common-law overlay. Sharia is the basis of law and applies directly where no statute covers the matter, while modern statutes — the Penal Code of 2014, the Contract Act, the Companies Act, the Employment Act — are drafted in a common-law style, and English commercial concepts are used in the tourism and finance sectors. The 2008 Constitution created a genuine separation of powers for the first time, along with a Supreme Court and independent commissions.
Legal tradition
Maldives belongs to the mixed islamic and common law tradition. An Islamic legal system with substantial common-law overlay. Sharia is the basis of law and applies directly where no statute covers the matter, while modern statutes — the Penal Code of 2014, the Contract Act, the Companies Act, the Employment Act — are drafted in a common-law style, and English commercial concepts are used in the tourism and finance sectors. The 2008 Constitution created a genuine separation of powers for the first time, along with a Supreme Court and independent commissions.
How power is divided
Unitary with a decentralised layer under the Decentralisation Act 2010: 21 atolls with elected atoll councils, plus island and city councils. Councils have limited revenue-raising and service delivery functions; the geography of roughly 190 inhabited islands makes administrative decentralisation a practical necessity rather than a constitutional division of sovereignty.
Where law comes from
- The Constitution of 2008
- Supreme; no law contrary to a tenet of Islam may be enacted.
- Sharia
- Applies directly where statute is silent and constrains legislative validity.
- Acts of the People's Majlis
- Including the 2014 Penal Code, the first modern codification.
- Regulations
- Made under statutory authority and published in the Gazette.
- Judicial precedent
- Supreme Court rulings bind lower courts under the Judicature Act.
The legal profession
Lawyers are licensed and regulated by the Maldives Bar Council, established under the Legal Profession Act 2019 — before which licensing sat with the Attorney General's office and then the Department of Judicial Administration. A recognised law degree, the Bar examination and a period of training are required, and licences are tiered by the level of court in which the lawyer may appear.
Law by topic in Maldives
- Constitutional Law2008 Constitution requires all citizens to be Sunni MuslimThe 2008 Constitution establishes a presidential system with separated powers and a bill of rights, while Article 9(d) provides that a non-Muslim may not become a citizen and Islam is the basis of all law.
- Family LawFamily Act applies Islamic family law through the Family CourtThe Family Act 2000 governs marriage, divorce and custody applying Islamic law. Divorce must be registered through the Family Court, and unilateral extra-judicial talaq is not recognised.
- Employment & Labour2008 Employment Act with a minimum wage introduced in 2022The Employment Act 2008 sets contracts, a 48-hour week, leave and redundancy rules for citizens and expatriates alike. A statutory minimum wage took effect in 2022, differentiated by employer size.
- Tax LawIncome tax only since 2020, GST split between tourism and general goodsThe Income Tax Act 2019 introduced personal and business income tax from 2020 — the Maldives had no general income tax before. GST is charged at a higher rate on tourism supplies than on general goods.
- Business & Corporate2023 Companies Act and investment concentrated in resort leasesThe Companies Act 2023 replaced the 1996 law. Foreign investment is governed by the Foreign Investment Act and, in tourism, by island lease arrangements under the Tourism Act rather than land ownership.
- Immigration & NationalityFree 30-day tourist visa on arrival, quota-based work permitsVisitors receive a free thirty-day visa on arrival. Employment requires a work permit and quota allocated to the employer under the Immigration Act, with a monthly fee per foreign worker.
- Criminal Law2014 Penal Code codified offences alongside retained hududThe Penal Code 2014, in force from 2015, was a substantial modernisation drafted with comparative input. It codifies offences and defences while preserving hudud offences drawn directly from Islamic law.
- Property & LandConstitutional ban on foreign freehold, with a narrow reclaimed-land exceptionForeign ownership of land is constitutionally prohibited. A 2015 amendment permitted freehold for very large investments involving substantial land reclamation, but the ordinary route remains long leasehold.
- Civil ProcedureCivil Procedure Code arrived only in 2021The Civil Procedure Code 2021 gave the Maldives its first comprehensive civil procedure statute. Claims start in the Civil Court or magistrate courts, with appeal to the High Court and then the Supreme Court.
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