Maldives: Islamic Sharia applies where Maldivian law silent, High Court clarifies


(Minivan News) The High Court of the Maldives has clarified that Islamic Sharia law defaults in cases where crimes may not be specifically forbidden by Maldivian law, and instructed parliament to keep this in mind when amending the penal code.

”When bringing amendments to the penal code of the Maldives, I rule that the concerned state institution amend the penal code in a manner that does not obstruct the giving of penalties for crimes prohibited under Islamic Sharia,” Judge Abdul Gany Mohamed ruled.

....”Under article number 142[a], the courts must rule according to Islamic Sharia when deciding a matter on which [Maldivian] laws are silent,” Judge Gany said.

Judge Gany sentenced Sulhath Abdulla for four years house arrest for objection to order and violating article 88[a] of the penal code.
Most interesting are the comments to the article:
fe-rk on Thu, 10th Jun 2010 6:14 PM 
This is really a huge leap forward. Insha Allah in few years we will be able to change from British imperialist common law to Islamic Sharia.

Muad MZ on Thu, 10th Jun 2010 7:32 PM 
Finally a ruling which is more positive compared to what the whole parliament could produce in over an year of bickering.

Now this gives the “green light for Shariah Law” in the Maldives where the law does not have a clear ruling. So police needs to take this into mind and start cracking down on Un-Islamic actions taken by people. Remember the ruling because it can be used to punish thieves severely if we used it properly. No Judge can give silly excuses now. We all know Islamic Shariah, even if we are not religious, we still know the punishments/rulings against thieves and rapist in Islam.

It also makes sure that no parliament (current or future) can make a new law which contradicts the Islamic Shariah.

When something good is done, credit should be given. In this case, the judge has done a good thing.

Its about time that the secularist few in our society learn Islamic Shariah by heart before they do or say something which is against Islam. With this ruling, now every Maldivian should be taken to court if they go against Islam.
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