Maldives · Overview
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.
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