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Author: Husnu Al Suood
Publisher: Maldives Law Institute
ISBN: 9991588604
Category : Law
Languages : en
Pages : 268
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Book Description
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.
Author: Husnu Al Suood
Publisher: Maldives Law Institute
ISBN: 9991588604
Category : Law
Languages : en
Pages : 268
Get Book Here
Book Description
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.
Author: Husnu Al Suood
Publisher: Maldives Law Institute
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 178
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Book Description
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.
Author: Shamsul Falaah
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 310
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Book Description
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.
Author: IBP, Inc.
Publisher: Lulu.com
ISBN: 1514529912
Category : Business & Economics
Languages : en
Pages : 279
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Book Description
Maldives Investment and Business Guide Volume 1 Strategic and Practical Information
Author: Oleg Igorevich Krassov
Publisher: XSPO
ISBN: 5001562562
Category : Law
Languages : en
Pages : 377
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Book Description
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.
Author: Shuvro Prosun Sarker
Publisher: Springer
ISBN: 1137517530
Category : Law
Languages : en
Pages : 255
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Book Description
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.
Author: Mohammad Hashim Kamali
Publisher: Oxford University Press, USA
ISBN: 019091064X
Category : Philosophy
Languages : en
Pages : 465
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Book Description
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.
Author: IBP USA
Publisher: Lulu.com
ISBN: 1438724586
Category : Business & Economics
Languages : en
Pages : 268
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Book Description
2011 Updated Reprint. Updated Annually. Islamic Constitutional and Administrative Law and Regulations Handbook
Author: Kevin YL Tan
Publisher: Bloomsbury Publishing
ISBN: 1509930264
Category : Law
Languages : en
Pages : 401
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Book Description
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.
Author: ʻAbd Allāh Aḥmad Naʻīm
Publisher: Zed Books
ISBN: 9781842770931
Category : Family & Relationships
Languages : en
Pages : 340
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Book Description
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.
