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The Maldivian Legal System
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Book Synopsis The Maldivian Legal System by : Husnu Al Suood
Download or read book The Maldivian Legal System written by Husnu Al Suood and published by Maldives Law Institute. This book was released on 2014-02-12 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is aimed at providing law students, legal practitioners and other researchers with an introduction to the Maldivian legal system. The book is divided into ten chapters incorporating all aspects of the Maldivian legal system. Chapter 1 makes a thorough investigation of the ancient legal system of the Maldive Islands. This chapter also briefly looks at the ancient political system of the country with a view to understand the background in which the legal system operated and developed over the course of history. As this has not been the subject of any previous study, this chapter will not only benefit law students and legal researchers, but also be of use to those who are interested in studying the ancient kingdom of the Maldive Islands. Chapter 2 follows the development of the Maldivian legal system during the 20th century. The purpose of this chapter is to explore the factors that triggered the legal system’s transformation from an ancient simplicity to a modern complexity. Chapter 3 explains the sources of Maldivian law from which laws are derived an applied by the courts. Chapter 4 examines the court system. In this chapter, various courts and their powers are examined in detail. Chapter 5, 6 and 7 focuses on the actual people who drive the legal system - the judges, prosecutors and the legal profession. As such, these chapters analyze the constitutional role of the judges, judicial service, legal and prosecutorial service of the state and the legal profession. Chapter 8 traces the development and present status of legal education in the Maldives. Chapter 9 and 10 provides an outline of the criminal and civil procedure followed by the courts to administer justice.
Book Synopsis Maldivian Contract Law by : Husnu Al Suood
Download or read book Maldivian Contract Law written by Husnu Al Suood and published by Maldives Law Institute. This book was released on 2023-08-04 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook offers a comprehensive and authoritative guide to Maldivian contract law, encompassing both its current state and its historical development. It presents a detailed exploration of the legal system, which underwent a significant transformation in 1991 with the adoption of English common law principles pertaining to contracts. By doing so, it effectively restructured the existing Maldivian law on contracts. The content of this book covers fundamental aspects of contract formation, performance, and breach. It delves into the regulations governing breaches of contract, available remedies, principles of contract interpretation, third-party rights, and the enforcement of promises without consideration. With its diverse audience in mind, this book caters to professionals, both new and experienced, as well as laypersons, law students, lawyers, consumers, and business people. Its design ensures accessibility and relevance for all individuals seeking a comprehensive understanding of Maldivian contract law.
Book Synopsis Interpretation of International Human Rights Norms and Standards Under Islamic Theocratic Constitutions by : Shamsul Falaah
Download or read book Interpretation of International Human Rights Norms and Standards Under Islamic Theocratic Constitutions written by Shamsul Falaah and published by . This book was released on 2018 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islam and human rights have always been a contentious topic that attracts diverse opinions. To this end, there is a bulk of research conducted on the role of Islam or Shariah – which are sources of law in the constitution and laws of several Muslim-majority countries – resulting in tensions between the domestic law of these countries and international human rights norms and standards. These studies have also suggested possible methods to harmonise the tensions. Yet, there is no such literature on the Maldives, one of the two entirely Islamic countries, where Islam is one of the fundamental sources of law. This thesis is intended to fill this gap, conducting empirical research on the judicial use of shariah and international human rights norms and standards in the Maldivian human rights adjudication. It examines the legal basis of Islam, shariah, tenets of Islam, international human rights law, and comparative law in the Maldivian legal system, analysing the relevant laws and jurisprudence. This research has demonstrated that the Maldivian courts are not reluctant to use international human rights instruments and comparative law in interpreting the Bill of Rights in the Constitution, however there is no consistency in the application. Another important finding is that the courts have relied on Islamic Shariah with general notions which caused irreconcilable tensions, and the jurisprudence lack the subjective reasoning for the use of shariah and international and comparative sources. To overcome this, this thesis proposes to interpret the restrictions based on Islamic Shariah or tenets of Islam through a maqāṣid-cumcontextual ijtihad approach taking maqāṣid al-sharīʻah (the higher objectives and intents of Islamic Shariah), which includes the notions of human dignity, equality and freedom, as a yardstick. As one of the aims of this research, this thesis formulated a guideline for the use of international human rights norms and standards more cautiously, but consistently and accurately. Furthermore, this thesis developed model Islamic constitutional clauses that would be useful for constitution-making and interpretation of fundamental rights and freedoms in Islamic jurisdictions.
Book Synopsis Maldives Investment and Business Guide Volume 1 Strategic and Practical Information by : IBP, Inc.
Download or read book Maldives Investment and Business Guide Volume 1 Strategic and Practical Information written by IBP, Inc. and published by Lulu.com. This book was released on 2015-09-11 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maldives Investment and Business Guide Volume 1 Strategic and Practical Information
Book Synopsis Land Law in Asian Countries by : Oleg Igorevich Krassov
Download or read book Land Law in Asian Countries written by Oleg Igorevich Krassov and published by XSPO . This book was released on with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The monograph covers the issues related to the evolution of land tenure systems, land reforms, the main features of formal land law that is in force in the various legal systems of the countries of South, East, and Southeast Asia, and customary land rights. The current state of land law in Asian countries: land rights, the provision and suspension of these rights, the relationship between formal law and customary land tenure systems, the problems of recognizing customary communal land rights are analyzed. For students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in issues of land, civil law and comparative jurisprudence.
Book Synopsis Clinical Legal Education in Asia by : Shuvro Prosun Sarker
Download or read book Clinical Legal Education in Asia written by Shuvro Prosun Sarker and published by Springer. This book was released on 2016-04-29 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the history, present status and possible future models of clinical legal education (CLE) in 12 Asian countries, with particular focus on the Asian character of CLE as it has evolved in different countries.
Book Synopsis Crime and Punishment in Islamic Law by : Mohammad Hashim Kamali
Download or read book Crime and Punishment in Islamic Law written by Mohammad Hashim Kamali and published by Oxford University Press, USA. This book was released on 2019 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues. Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur'an and Sunnah can show the way forward to needed reforms of Islamic criminal law.
Book Synopsis Islamic Constitutional and Administrative Law Handbook Volume 1 Basic Laws and Regulations by : IBP USA
Download or read book Islamic Constitutional and Administrative Law Handbook Volume 1 Basic Laws and Regulations written by IBP USA and published by Lulu.com. This book was released on 2009-03-20 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2011 Updated Reprint. Updated Annually. Islamic Constitutional and Administrative Law and Regulations Handbook
Book Synopsis Constitutional Foundings in South Asia by : Kevin YL Tan
Download or read book Constitutional Foundings in South Asia written by Kevin YL Tan and published by Bloomsbury Publishing. This book was released on 2021-01-28 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the idea of origins, how things are formed, and how they relate to their present and future in terms of 'constitution-making' which is a continuous process in South Asian states. It examines the drafting, nature, core values and roles of the first modern constitutions during the founding of the eight modern nation-states in South Asia. The book looks at the constitutions of Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka. It provides an explanatory description of the process and substantive inputs in the making of the first constitutions of these nations; it sets out to analyse the internal and external (including intra-regional) forces surrounding the making of these constitutions; and it sets out theoretical constructions of models to conceptualise the nature and role of the first constitutions (including constituent documents) in the founding of the modern nation-states and their subsequent impact on state-building in the region.
Book Synopsis Islamic Family Law in a Changing World by : ʻAbd Allāh Aḥmad Naʻīm
Download or read book Islamic Family Law in a Changing World written by ʻAbd Allāh Aḥmad Naʻīm and published by Zed Books. This book was released on 2002-08 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.
Book Synopsis Shari'a and the Constitution in Contemporary Legal Models by : Federico Lorenzo Ramaioli
Download or read book Shari'a and the Constitution in Contemporary Legal Models written by Federico Lorenzo Ramaioli and published by Springer Nature. This book was released on 2024 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zusammenfassung: GLOBAL ISSUES Series Editors: Jim Whitman · Paolo D. Farah This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharī ʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharī ʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors. Federico Lorenzo Ramaioli, PhD, is an Italian diplomat and lawyer,presently serving as Deputy Head of the Mission of the Italian Embassy to Doha, Qatar. He is Senior Research Associate at gLAWcal. In the past, he worked for two years with the Catholic University of Milan in the fields of Philosophy of Law and Legal Methodology. After entering the diplomatic service, he continued his research activity in law, with particular reference to the Muslim world and to the Far East. He is the author of Islamic State as a Legal Order (Routledge, 2022) and has published various articles in peer-reviewed journals, including Journal of Comparative Law, Suffolk Law Review, Rivista della Cooperazione Giuridica Internazionale, and Orientalia Parthenopea
Book Synopsis Religious Offences in Common Law Asia by : Li-ann Thio
Download or read book Religious Offences in Common Law Asia written by Li-ann Thio and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.
Book Synopsis Maldives Country Study Guide - Strategic Information and Developments by : IBP USA
Download or read book Maldives Country Study Guide - Strategic Information and Developments written by IBP USA and published by Lulu.com. This book was released on 2012-03-03 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maldives Country Study Guide - Strategic Information and Developments Volume 1 Strategic Information and Developments
Book Synopsis International Human Rights Law by : Manisuli Ssenyonjo
Download or read book International Human Rights Law written by Manisuli Ssenyonjo and published by Routledge. This book was released on 2016-04-22 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely and valuable book explores the development of international human rights law over the last six decades. The volume brings together leading experts to reflect on different aspects of human rights law, not only considering and evaluating the developments so far, but also identifying relevant problems and proposing relevant possible perspectives for the continued positive future development of human rights law. The book is international in perspective, both in scope and context, and covers developments in the international protection of human rights since the adoption of the UDHR in 1948. The developments considered include the United Nations system of protecting human rights as well as regional human rights systems in Africa, America and Europe. It also considers some key themes relevant to human rights including globalisation, protecting human rights in emergency situations and trade sanctions, the development of human rights NGOs, and many others. The book will be an invaluable resource for students, academics and policy-makers working in the field of international human rights.
Book Synopsis Global Forum on Transparency and Exchange of Information for Tax Purposes: Maldives 2022 (Second Round, Phase 1) Peer Review Report on the Exchange of Information on Request by : OECD
Download or read book Global Forum on Transparency and Exchange of Information for Tax Purposes: Maldives 2022 (Second Round, Phase 1) Peer Review Report on the Exchange of Information on Request written by OECD and published by OECD Publishing. This book was released on 2022-11-09 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains the 2022 Second Round Peer Review on the Exchange of Information on Request for the Maldives. It refers to Phase 1 only (Legal and Regulatory Framework).
Book Synopsis The UN Working Group on Arbitrary Detention by : Jared Genser
Download or read book The UN Working Group on Arbitrary Detention written by Jared Genser and published by Cambridge University Press. This book was released on 2019-09-26 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.
Book Synopsis Climate Change Impacts on Ocean and Coastal Law by : Randall S. Abate
Download or read book Climate Change Impacts on Ocean and Coastal Law written by Randall S. Abate and published by Oxford University Press. This book was released on 2014-12-30 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of sea-level rise, ocean acidification, the global overfishing crisis, widespread depletion of marine biodiversity such as marine mammals and coral reefs, and marine pollution. Paralleling the growth of ocean and coastal law, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that have profound implications for ocean and coastal regulation and marine resources. Climate Change Impacts on Ocean and Coastal Law effectively unites these two worlds. It raises important questions about whether and how ocean and coastal law will respond to the regulatory challenges that climate change presents to resources in the oceans and coasts of the U.S. and the world. This comprehensive work assembles the insights of global experts from academia and major NGOs (e.g., Center for International Environmental Law, Ocean Conservancy, and Environmental Law Institute) to address regulatory challenges from the perspectives of U.S. law, foreign domestic law, and international law.
