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Sharia law in the modern world
Naibu Futhu (pseudonym)
November 2002
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Maldivian law is subject to Sharia law. In the Maldives constitution, the term 'law' is defined as including the 'norms and provisions' of Sharia. |
This month, one of Africa's most influential and widely published writers, Chinua Achebe spoke to the BBC from his home in New York. Commenting on the rise of Muslim Sharia law in parts of Nigeria, Professor Achebe said, 'I am now not optimistic of the benefits that will come to Nigeria because of democracy.'
From a purely economic angle, a chain of volcanic islands riding atop the Equator represents a resource base abundant with high-potential energy. But in Maldives, we seem to have focused on using physical space to strengthen government power and influence. The absence of land ownership laws, labour laws, a people's constitution, and modern financial systems are all barriers to development of the country.
Optimum use of natural resources can become the result only when financial practices are safeguarded from piracy and insider dealings. Islamic Sharia must take this into account. A sound banking structure is also a prerequisite.
The financial system, if that is an appropriate name for the highly corrupt banking and financial entities operating in and around the capital Malé, is in dire need of reform. Reliability and confidence cannot come into existence, when the law of the land is tribal and ancient.
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President Maumoon Gayyoom delivering Friday Prayer sermon
November 2002
photo: President's Office
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The recent preaching at Al Azhar University in Egypt certifying the receipt of bank interest as acceptable under Islamic law highlights a wider problem. This is an indication of the incongruity of some Sharia laws with the natural laws of living in a civilized and enlightened society. As Maldivians aim to build an advanced economy, they can only gain a profitable entrance into the global economic arena if the principles and ideas of Islamic Sharia accommodate international norms and practices.
One only needs to reflect on the current social crisis taking shape in Nigeria, to realize the serious drawbacks of unreformed Islamic law. Nigeria too has a rich resource base, and yet the country is unable to establish democratic values and standards.
Another interesting development is unfolding in Uzbekistan, where the majority agree that mixing religion and politics can be lethal. Turkey, widely admired for its leading position among Islamic communities especially for its advanced economy and tolerance, seems to be moving towards membership of the European Economic Union.
These are times for intelligent long-term decisions. None would disagree with the seriousness of the situation Maldivians find themselves in at present. With their economy blighted by endemic corruption and the sluggish travel market, Maldivians cannot linger or wallow in the kitsch of authoritarianism and ultra orthodox religious attitudes.
Important decisions have got to be made. The country's next generation are depending on us. Sharia in Maldives would benefit from meeting the needs and demands of the Maldivian people.
Maldivian law is subject to Sharia law. In the Maldives constitution, the term 'law' is defined as including the 'norms and provisions' of Sharia.
INTERPRETATION OF WORDS AND PHRASES
from Article 156
'Law means Acts passed by the People's Majlis and
the People's Special Majlis and assented to by the
President at any time prior to and after the
commencement of this Constitution and includes the
regulations made under such laws and the practices
of the government.
In this Constitution the word 'law'
also includes the norms and provisions of Shari'ah
established by the Noble Quran and the traditions of
the Noble Prophet, and the rules derived therefrom.
Presumption of innocence and the right of the accused to defend himself
Article 16 (1) Every person shall be presumed innocent
until proven guilty.
(2) Every person who is charged with an offence
shall have the right to defend himself in accordance
with Shari'ah. To this effect, such a person shall be
allowed to obtain the assistance of a lawyer whenever
such assistance is required.
Protection of property rights
Article 23 (1)
Property of persons shall be inviolable. No
person shall be deprived of his property except as
provided by law or Shari'ah.
Freedom of expression
Article 25
Every citizen shall have the freedom to
express his conscience and thoughts orally or in writing
or by other means, unless prohibited by law in the
interest of protecting the sovereignty of the Maldives,
of maintaining public order and of protecting the basic
tenets of Islam.
Qualifications for election as President
Article 34
A person shall be qualified to be elected as
President if he
(a) is a Muslim of Sunni following;
(b) is a citizen of the Maldives whose parents
and grandparents are Maldivian citizens;
(c) is a male who has attained thirty-five years
of age;
(d) is of sound mind;
(e) is capable of discharging the duties and
responsibilities of the office of President;
(f) has not been convicted of an offence for
which a hadd is prescribed in Islam or of
criminal breach of trust and thereby brought
into disrepute;
(g) is not a citizen of a foreign country; and
(h) is not married to a national of a foreign
country.
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