Legal System People's Republic of Bangladesh

After the independence of Bangladesh in 1971, initially there was no change of laws and the
judicial system. But with the coming into force of the Constitution of Bangladesh on 16 th
December 1972, the Supreme Court of Bangladesh with two divisions, the High Court Division
besides the Appellate Division, came into being. As the apex court the High Court Division has
been vested with the power to receive appeals and revisions from subordinate courts, and also to
issue orders and directions in the nature of writs to apply fundamental rights and to grant other
reliefs available under the writ jurisdiction.
The Appellate Division is vested with power to hear appeals from the decisions of the High
Court Division or from any other body below any statute. The High Court Division has also
powers of supervision and control of the subordinate courts and tribunals. The Supreme Court is
a court of record and can penalize any one for its contempt or contempt of the courts subordinate
to it. The law declared by the Appellate Division is binding on the High Court division and law
declared by either division is binding on all subordinate courts. The High Court Division may
declare any law inconsistent with the fundamental rights as null and void. The President of the
Republic appoints and controls the judicial officers of the subordinate courts in discussion with
the Supreme Court.
There are labor courts and labor appellate tribunals to decide labor disputes, administrative
tribunals, and administrative appellate tribunal to decide service disputes of public servants,
income tax appellate tribunal to resolve income tax disputes, custom, excise and VAT Appellate
tribunal to choose disputes regarding custom and excise duties and VAT, court of settlement to
decide disputes about abandoned properties, special judges to try corruption cases against public
helps, special tribunals to try criminal cases under the Special Power Act 1974 and Nari-o-
Shishu Nirjatan Daman Aadalats to decide cases of misconducts committed against children and
women. To decide election disputes the election tribunals are founded with judicial officers.
Other tribunals follow the similar procedure as the civil and criminal courts unless there is
contrary provision in the concerned law. Family courts have been founded with assistant judges
to decide family disputes. To decide money claims of the banks and other financial institutions
Artha Rin Adalats have been set up supervised over by judges, and insolvency courts have been
set up presided over by district or additional district Judges to declare defaulting borrowers as
insolvent. To try crimes committed by children below the age of 16 years, juvenile courts have
been designed with the magistrates and sessions judges, and juvenile courts follow the special
procedure laid down in the Children's Act.
Court martial formed under the provisions of the Army Act, Air Force Act, and Navy ordinance,
tries the crimes committed by the members of the armed forces, and the decision of such a court
cannot be challenged before the Supreme Court. There are village courts in the rural areas and
municipal conciliation boards in the urban areas to decide minor civil and criminal cases. The
land appeal board is the highest authority to hear revenue appeals from the results of the
subordinate land revenue authorities, and the national board of revenue resolves tax, duty, excise
and VAT matters at the highest level.
Nearly all the substantive laws creating rights and obligations are those enacted during the
British period and are still in operation with modifications from time to time. The most
significant modifications of the Code of Criminal Procedure are abolition of the provisions of
enquiry made by the magistrate to see whether there is a prima-facie case against the accused to
send him for trial in the court of sessions and trial of sessions cases by the evaluators.
The legal system of Bangladesh is basically a common law system with the variance that the
supreme court can not only interpret laws made by the Jatiya Sangsad but also can declare the
same null and void and enforce fundamental rights of the citizens. Though the legal system is
originated on the English common law, most of the laws of Bangladesh are statutory laws
enacted by the legislature and interpreted by the higher courts. The procedural laws run for an
adversarial system of litigation in which prosecution has to prove the guilt of the accused who
has no burden except in some exceptional cases, and the accused is presumed cleared till found
guilty after trial, whereas in a civil case the burden is divided between the litigating parties.
Moreover, there is a division ion of powers amongst the legislature, executive and judiciary. The
Supreme Court is not only independent of the other structures, but also acts as the guardian of the
Constitution. Subordinate judiciary is free in exercising of judicial power. Since 1st November
2007 there are two classes of magistrates which are judicial and executive. Consecutive
governments committed themselves to parting, but as yet no action has been taken at the ground
level. The Sangsad can make laws, but the same cannot be inconsistent with the provisions of the
Constitution, which include a number of fundamental rights. Thus, the lawmaking power of the
Bangladesh Jatiya Sangsad is not unlimited like that of the British parliament which is said to
have power to enact any law.
The basic law of Bangladesh is the constitution of the People's Republic of Bangladesh, 1972 as
amended from time to time. Till 2003, fourteen amendments have been completed. All laws of
the country are made by the Jatiya Sangsad conforming to the principle of the Constitution. The
laws made by the legislature and now in operation regulate almost all spheres of life. Generally,
executive authorities and statutory corporations cannot make any law, but can make by-laws to
the extent authorized by the legislature. Such subordinate legislation is recognized as rules or
regulations. Unless found ultra vires of the parent law, that rules or regulations are also
enforceable by the court like the laws made by the legislature. Important laws of the country may
be classified under some wide heads such as land and property laws, personal laws, commercial
laws, labor and industrial laws, election laws, law of crimes, service laws, fiscal laws, press laws
and laws relating to the remedies.
In addition, there are several other laws on different subjects regulating different fields and
scopes of activities of national life. To seek remedy a person has to file a case before the proper
court, tribunal or authority. Claims regarding money, property, compensation etc. is to be filed
before the civil court presided over by the assistant judge or joint district judge according to
worth of the claim, and complaint against commission of crime is to be filed either with the local
police station or in the criminal court of judicial magistrate of the first class of the zone. The
police investigate the cognizable cases lodged with the police station and produces spectators
before the court during trial. On the other hand, it is the responsibility of the complainant to
produce witnesses before the court in the cases in which magistrates take cognizance on the
source of a written complaint. There are other authorities before which remedies may be required
by an aggrieved party. Those authorities are administrative authorities or tribunals. Except in
respect of enforcement of fundamental rights, admiralty, company matters and writ petitions,
relief cannot be sought after directly from the high court division which mainly deals with
appeals and revisions from the decisions of the subordinate courts.
The legal system is so massive and complicated that an ordinary person without the help of a
legal practitioner (known as advocate) cannot successfully seek legal remedy from the court,
administrative authorities or tribunals though there is no legal bar in seeking remedy directly
deprived of engaging a lawyer.
The attorney general is the prime law officer of the government. He is also leader of the bar and
ex-officio chairman of the Bangladesh bar council. He is supported by the additional attorney
general, deputy attorney generals and assistant attorney generals. They represent the state in the
supreme court and conduct cases at courts on behalf of the state. The government pleader is the
prime law officer of the government in the district and he is assisted by the additional and
assistant government pleaders. They represent the state in the subordinate civil courts in the
district and conduct cases in those court on behalf of the state. In the same way, the public
prosecutor is another prime law officer of the government in the district in criminal matters. He
is assisted by the assistant public prosecutors. They conduct prosecution cases on behalf of the
state in the courts of sessions, sessions level courts or tribunals in the district.
In Bangladesh everyone is equal before the law, and permitted to equal protection of law, and
there cannot be any discrimination on the ground of religion, race, sex, etc. and no one can be
detrimentally affected in life, liberty, body, reputation or property except in accordance with
law. Rule of law is one of the basic features of the legal system of Bangladesh.
 Legal System of the Democratic Socialist Republic of Sri Lanka

Sri Lanka, officially known as Ceylon, is a multi-ethnic and multi-religion island country in the
Indian Ocean, close to the southern shoreline of India. The separation between the south-eastern
tip of India and north-western Sri Lanka is just around 40 miles. Sri Lanka's complete land
territory is 25,330 square miles, generally the size of West Virginia, and it a populace of
somewhat more than 20 million. Because of major common clash that has influenced Sri Lanka
for over two decades, no enumeration was directed in specific pieces of the nation during the
most recent two decades or more. Along these lines, every segment figure remembers applicable
gauges for specific territories for the country.

To a great extent because of the unequivocally patriot legislative issues that started during the
1950s, a critical section of the Burghers emigrated to Australia. Because of this migration, and
furthermore because of Burghers wedding Sinhalese and Tamils, the Burghers currently are a
generally little network in Sri Lanka. English is the primary language for the Burghers.The
Burghers, Malays, and the Veddhas, who are the relatives of the first occupants of Sri Lanka,
structure about 1% of the populace. (All ethnic-piece figures are from the "New York Times
Almanac" 2008).

Legal Constructs

Under British standard, the Charter of Justice of 1801 guaranteed the continuation of the laws
that were in power around then. These relevant laws were the entirety of the accompanying:
Roman-Dutch standards brought into power by the Dutch, the Kandyan Law that applied to the
Kandyan regions, the Thesawalamai Law (likewise spelt as 'Tesawalamai') that applied to the
Jaffna Tamils in the Jaffna territory, the Muslim Law that applied to the Muslims, and a
constrained collection of Buddhist and Hindu Law material mostly to Buddhist and Hindu strict
property and customs. This mixture of various laws prompted British adjudicators experiencing
some trouble in finding out material laws, particularly where Roman-Dutch law standards were
relied upon to be followed. As a result, on numerous events British appointed authorities
presented standards of English law on the premise that there existed uncertainty on the
appropriateness of Roman-Dutch law. The absence of legal points of reference, and the un-
classified nature of the laws, gave a reason to judges to abstain from applying Roman-Dutch law
standards.

As an outcome, a group of English law standards was in power alongside Roman-Dutch law,
notwithstanding indigenous laws, for example, Kandyan Law and Thesawalamai. Roman-Dutch
Law currently for the most part applies in Sri Lanka when resolutions and indigenous laws don't
direct the issue being referred to. Roman-Dutch Law speaks to in Sri Lanka an acquired lawful
convention. It has existed together with a few frameworks of indigenous laws, and the English
precedent-based law, making an "unmistakable legitimate culture that is depicted today as a
'blended' common and custom-based law system. “Thus "Roman-Dutch law is regularly
portrayed in Anglo-American lawful wording as the 'customary law' of Sri Lanka. An
arrangement of law that applies in Sri Lanka when rules and indigenous laws don't manage any
make a difference. "Truth be told, when the British themselves announced Roman-Dutch law as
the precedent-based law of Ceylon, Roman-Dutch law accepted considerably more noteworthy
significance under the British than it had appreciated under Dutch guideline of Ceylon. Today,
Roman-Dutch law exists just in Sri Lanka and South Africa. Kandyan Law applies to ethnic
Sinhalese whose can follow their genealogy back to the Kandyan areas during the time of the
Kandyan government in focal Sri Lanka.

The Structure of the Courts System

The court-structure comprises of a Supreme Court, a Court of Appeal, High Courts, Municipal
Courts, and Primary Courts. Moreover, there are various councils, and so on. In cases including
criminal law, a Magistrate's Court or a High Court is the main court with essential locale; the
individual lawful spaces of each are given in the Code of Criminal Procedure. The dominant
lion's share of criminal law cases is started at a Magistrate's Court. These cases might be started
by any cop, or local official, with a composed or oral protest to the judge (see area on
Magistrate's Court). Murder preliminaries and different offenses against the State start in a High
Court (see area on High Courts). Original ward over most affable issues lies with the applicable
District Court (see segment on District Courts). Until 1972, The Judicial Committee of the Privy
Council in Britain was the last court of offer for Sri Lanka.

The privilege of enticement to the Privy Council "was canceled… as there were worries that any
endeavor to dispose of the current Constitution in 1972 may be declared illegal." around then,
"Parliamentarians established themselves as individuals from what was named the 'Constituent
Assembly' to draft and embrace another Constitution," 11 which got powerful on May 22, 1972.
It has been recommended that the worries of minority networks in Sri Lanka were not enough
considered in the drafting of that Constitution. On Aug 31, 1978, another Constitution supplanted
the 1972 Constitution. Under this Constitution, without precedent for Sri Lanka an Executive
President, chose by the whole nation, turned into the pioneer of the nation. Under the prior
Constitution, the administration was going by a Prime Minister, who, as a Member of
Parliament, would have been chosen by only one electorate in the nation.

As an outcome of major common hardship that emitted in 1983, presently endeavors are being
made to supplant the 1978 Constitution with another Constitution so as to concede more
noteworthy political self-governance to the various districts in the nation. These endeavors, at
present, appear slowed down in an All-Party Conference established by the current President,
Mahinda Rajapakse. Moreover, not every single ideological group in the nation consented to take
an interest in the Conference. There are likewise different courts, for example, the Kathi Courts
that handle wedding questions among Muslims, and various councils (see segment on Other
Courts).

The Supreme Court

The Supreme Court is the most elevated and last court of record, and activities last polite and
criminal redrafting locale. Disputants who don't concur with a choice of the first court, be it
common, criminal, or Court of Appeal, may take the case under the watchful eye of the Supreme
Court, with consent from the Court of Appeal, or exceptional authorization from the Supreme
Court. The Supreme Court, notwithstanding, will just consent to consider cases including a
significant legitimate issue. The Supreme Court is made out of a Chief Justice and at least six,
and not more than ten, different appointed authorities. Cases that fall under the few wards of the
Supreme Court are worked out, subject to arrangements in the Constitution, by a seat of in any
event three appointed authorities of the Supreme Court. Along these lines various cases might be
heard simultaneously by a few appointed authorities of the Supreme Court sitting separated. The
Constitution gives the Chief Justice the position to expand the quantity of Supreme Court makes
a decision about hearing a specific case to at least five appointed authorities. This expansion in
the quantity of judges hearing a Supreme Court case would happen particularly if the issue viable
is one of general and open significance. Interests of choices of a High Court Trial at Bar are
heard by a Bench of at least five Supreme Court judges. The Supreme Court is endowed with
certain selective wards. Subject to arrangements in the Constitution, the Supreme Court practices
ward over protected issues and crucial rights issues. Likewise, the Supreme Court practices sole
and selective ward over inquiries concerning the legality of a parliamentary bill or a specific
arrangement in the bill, subject to certain established necessities.

Court of Appeal

The Court of Appeal is the primary investigative court for choices of every single unique court
and certain Tribunals. The Court of Appeal is made out of the President of the Court, and at least
six, and not in excess of eleven different adjudicators. Numerous cases at the Court of Appeal are
managed by a solitary appointed authority. The Court of Appeal hears requests against decisions
of the High Courts. It practices investigative locale for the remedy of mistakes indeed or in law
at a High Court, or any Court of first example, or Tribunal, or other Institution. Notwithstanding
the ward to confirm, converse, right, or change a judgment, the Court of Appeal may offer
bearings to a Court of first case, Tribunal, or other Institution, or request another preliminary, or
request extra hearings as the Court of Appeal regards fitting. "In any event, when there is no
privilege of advance from a specific court or council, [the Court of Appeal] can practice [its]
forces of 'correction' and subdue the first court's or council's structure [based on] a blunder of law
obvious [in] the record." 12 The Court of Appeal, if suitable, likewise has the position to give a
'stay request' and suspend procedures in a lower court until the update application is heard and
decided. The Court of Appeal likewise has the power to get and concede new proof extra, or
advantageous, to prove effectively recorded in a court of first case. Interests of decisions,
sentences and requests at a High Court Trial at Bar are sent legitimately to the Supreme Court by
righteousness of the Code of Criminal Procedure (Amendment) Act, No.21 of 1988.

High Courts

Preliminaries at a High Court are led by the State (Sri Lanka), through the Attorney-General's
Department. The Attorney-General's Department prosecutes for the benefit of the State. Murder
preliminaries and different offenses against the State are attempted at the High Court; other
criminal offenses are attempted at a Magistrate's Court. While some High Court preliminaries
will have a jury, a few preliminaries won't have a jury. The sorts of cases that require a jury are
given in the Second Schedule of the Judicature Act No.2 of 1978. Additionally, the Attorney-
General has the position to decide if a case that doesn't fall into a classification gave in the
Second Schedule of the Judicature Act No.2 of 1978 should in any case have a jury. The Penal
Code specifies the sorts of cases contended in a High Court: "The Penal Code characterizes the
greater part of the criminal offenses known to our law. What's more, the Code of Criminal
Procedure Act. No: 15 of 1979 sets out which of these offenses [can be tried] by each court
[High Court and Magistrate's Court]." The High Court is made out of at least ten and not in
excess of forty appointed authorities. This Court sits in 16 territories in the nation (16 High
Courts). The High Court of every territory works out:

I. Unique ward over indictment of offenses submitted inside a specific area.

ii. Chief of naval operations' office locale, which is typically practiced in Colombo, the capital
city.

iii. Business ward, which is vested by the High Court of the Provinces (Special Provisions) Act,
No. 10 of 1996.

iv. Ward to hear cases including endeavors to impact the result of a choice made, or a request
gave, by the Judicial Service Commission.

v. Applications for the arrival of, or access to, a kid, under the Hague Convention, is taken care
of by the High Court of the Western Province (Civil Aspects of International Child Abduction
Act, No:10 of 2001).

vi. Redrafting locale over feelings, sentences, and requests forced by the Magistrate's Courts and
Primary Courts inside the area.

vii. Writ locale in regard to powers practiced under any law or rules established by the Provincial
Council of that specific area, with respect to an issue outlined in the Provincial Council List.
District Courts

Region Courts are the Courts of first example for common cases. Locale Courts have ward over
every thoughtful case not explicitly allocated to the Primary Court or a Magistrate's Court. Sri
Lanka has 54 legal locales. Each District Court is a court of record and is vested with boundless
unique purview in all affable, income, trust, indebtedness, and testamentary issues, other than
issues that are appointed to some other court by law. Certain common issues took care of by the
District Courts include:

I. Cases identified with responsibility for.

ii. Activity via landowners to discharge inhabitants.

iii. Activity to recuperate obligations of more than Rs. 1,500.

iv. Activity regarding trademark and patent rights, and encroachment of copyright laws.

v. Cases for remuneration of more than Rs. 1, 500 for wounds brought about by carelessness.

vi. Separation cases (Formerly, separate from cases were taken care of by the now ancient
Family Courts).

Magistrate’s Courts

The Magistrate's Courts are developed under the Judicature Act, No.2 of 1978. Each Judicial
division has one Magistrate's Court, and there are 74 legitimate divisions in Sri Lanka. Each
Magistrate's Court is vested with one of a kind domains over criminal offenses (other than
offenses executed after arraignment in the High Court.) In cases including criminal law, the
Magistrate's Courts and the High Court are the fundamental Courts with basic ward. Offers from
these courts of first event may be made to the Court of Appeal and, in explicit circumstances, to
the Supreme Court, which practices last redrafting domain. Most by a long shot of the nation's
criminal cases are endeavored at the Magistrate's Courts level.

Primary Courts

Every Primary Court is vested with the accompanying purviews:

I. Unique common locale over cases including obligation, harms, requests, or claims that don't
surpass Rs. 1,500.
ii. Implementation of by-laws by neighborhood specialists and questions identifying with
recuperation of income by these nearby specialists.

iii. Elite criminal purview over cases identifying with offenses "endorsed" by guideline by the
Justice Minister.

Other Courts and Tribunals

Different courts incorporate the Kathi Court, the extraordinary council that arbitrates on marital
issues identifying with Muslims. Buddhist religious issues that fall under the domain of the
Buddhist Temporalities Ordinance of 1931 are heard by the standard courts. Disciplinary issues
relating to Buddhist church are dealt with by strict gatherings which are under the authority of
the Buddhist ministers themselves. There are various authoritative councils, for example, the
Inland Revenue Board of Appeal, The Workmen's Compensation Tribunals, Labor Tribunals, the
Board of Appeal under the Factories Ordinance, Tribunals under Agricultural Productivity Law,
Labor Tribunals under the Wages Board Ordinance, and so forth. Most choices of these councils
can be offered at the Court of Appeal; while with respect to a generous inquiry of law, the choice
of the Court of Appeal might be taken up at the Supreme Court.

Case Law

The rule of gaze decisis is clung to in Sri Lanka. Incomparable Court choices are official on
every other court. A choice of the Court of Appeal is official on the courts of first occurrence, if
the choice isn't in strife with a choice of the Supreme Court. Since 1978, when another
Constitution got compelling in Sri Lanka, choices of the Supreme Court before 1978, and the
choices of the Privy Council when this Council in the U.K. was the last Court of Appeal for Sri
Lanka, are in fact done official. Be that as it may, the prior case law may at present fill in as
"direction," and "direction" recommends that the previous case law is a lot nearer to restricting
proof than to convincing proof. Sri Lanka's laws went before 1978 stay substantial through
Article 168 of the 1978 Constitution.

Cases, Acts, and Bills

Incomparable Court and Court of Appeal cases presently are distributed in the Sri Lanka Law
Reports. As of October 2008, Supreme Court cases from 1878 through 2005, and Court of
Appeal cases from 1809 through 2005 are available online here. Access this connection and
afterward look down to the Asia segment and select the Sri Lanka interface. There likewise is a
connection at this site for Sri Lanka enactment. The enactment interface, nonetheless, may not
download rapidly. Acts and Bills of Parliament, when accessible for distribution, are distributed
in the Extra Gazette. The Acts and Bills joins are at the upper left corner of this site. Generally, it
takes some time for the Acts, Bills, Forms, Gazette, and News connects to show up on the upper
left corner. In the wake of getting to the Acts or Bills interface, select the "E" connect for
English. The "S" interface is for the Sinhala language rendition, and the "T" connect is for the
Tamil language variant.

Significant Codifications

The significant codifications are:

I. The Civil Code.

ii. The Code of Civil Procedure: Civil Procedure Code. Act 79 of 1988. Changed by Acts 9 of
1991 and 34 of 2000.

iii. Business Code.

iv. Criminal Code: Penal Code. Part 25. Revised by Penal Code (correction) Act of 1995.

v. Code of Criminal Procedure: Code of Criminal Procedure Act. Part 26, Law 15 of 1979.
Revised by no. 39 of 1982 (The 1979 Act revoked before codifications.)

A thorough posting of codes and enactment of Sri Lanka is in the "Sri Lanka" segment of
Foreign Law: Current Sources of Codes and Legislation in Jurisdictions of the World, altered by
Thomas H. Reynolds and Arturo A. Flores. This distribution is recorded in the Bibliography
segment of this article.
Hierarchy of courts:

Sri Lankan law is based on English common law system. As a result, the English law principles

Sri Lankan law is based on English common law system. As a result, the English law principles
such as judicial precedent (lower courts follow the reasoning of the higher courts in similar,
subsequent cases) and ratio decidendi (reasons for judgment) govern the interpretation of the
case law. Civil cases are heard by the District Courts, and the Criminal cases by Magistrates’
Courts and High Courts. From decisions of these trial courts, an appeal lies to the Court of
Appeals and then to the Supreme Court.

Parliament makes law in Sri Lanka. Laws are published in Acts of Parliament. The term
“Ordinance” refers mostly to legislation passed during the British rule, the term “Law” or “Act”
refers to more recent legislation. In most laws, the Parliament delegates the rule making authority
to administrative (executive) agencies. The rules or regulations made by such agencies are
published in the Government gazette.
All the case law cited here are from the Sri Lanka Law Reports (SLR). Before the SLR, there
were New Law Reports (NLR). Whenever there is a reference to NLR, remember they are older
than SLR! The cases on this site are just a handful of cases decided on human rights, known in

Sri Lanka as fundamental rights.

 Legal System of the Kingdom of Bhutan

Introduction

The Bhutanese name for the Kingdom of Bhutan is Druk Yul, which signifies "Place where there
is the Thunder Dragon". The nation lies covered up in the folds of the eastern Himalayas and
sandwiched between the two goliath nations of India in the south and China in the north. Bhutan,
frequently venerated as the "Place where there is the Peaceful Dragon", is still viewed as one of
the last "Shangrilas" in the Himalayan area due to its remoteness, it’s terrific mountain territory,
fluctuated widely varied vegetation and its one of a kind old Buddhist religious community.

Historical background

Buddhism has assumed a key job in molding the life of individuals, history, government, culture,
economy, legal executive, and so forth in Bhutan. The Zhabdrung's double arrangement of
government, managed by 54 Desis and 60 Je Khenpos, guided Bhutan from 1651 until the
introduction of the Wangchuck administration and foundation of inherited Monarchy in 1907. Be
that as it may, in the long run Bhutan turned into a two-party parliamentary vote-based system
after decisions in March 2008. In the political race, the ace government Bhutan Harmony Party
of previous Prime Minister Jigme Thinley had an avalanche triumph and, in this way, framed the
legislature. Peruse the History of Bhutan in short, Prehistory, Introduction of Buddhism in
Bhutan, the age of the Zhabdrung, Medieval Bhutanese society, How Europe caught wind of
Bhutan, Establishment of Monarchy in the site of Key to Bhutan. The national hymn was first
made in 1953, got official in 1966 lastly positioned in the Second Schedule to the Constitution,
2008. It is known as Druk Tshenden Kepay Gyalkhab Na (the Kingdom of Bhutan embellished
with cypress trees).

Political System of Bhutan

The cutting-edge political history of Bhutan began from 1907 when the Bhutanese individuals
consistently enthroned Ugyen Wangchuck as the principal genetic King of Bhutan and later on
by the progressive rulers of under the Wangchuck line. In 1953, the Third King Jigme Dorji
Wangchuck built up the National Assembly (Tshogdu) so as to guarantee an increasingly
popularity-based administration of the nation. Each Gewog, a gathering of towns and a moderate
geographic regulatory unit among dzongkhag and town, had a chosen part speaking to the
National get together to institute laws and to talk about issues of national significance. In 2008,
Bhutan saw a significant move in its political framework with the primary races propelled
countrywide with a 79 percent voter turnout. The Druk Phuensum Tshogpa won an avalanche
triumph to shape Bhutan's first fair government. Today with 45 chosen individuals, Lyonchen
Jigme Y Thinley steers the legislature with only two restriction individuals from the People's
Democratic Party. Under the 2008 Constitution, Bhutan is a Sovereign Kingdom and a
Democratic Constitutional Monarchy (article 2). The Constitution is the preeminent rule that
everyone must follow and seventeenth December of every year is seen as the National Day of
Bhutan. The Supreme Court is the watchman of the Constitution and the last expert on its
translation. (Article 1, the Constitution of the Kingdom of Bhutan, 2008). The Constitution, in
light of Buddhism (article 3) is extraordinarily impacted by the Constitution of South Africa in
light of its solid insurance of human rights. Article 7 of the Bhutanese Constitution
accommodates crucial rights and incorporates a large portion of the globally perceived human
rights for example common and political rights and furthermore gives that these rights as revered
in article 7 are judicially enforceable.

Legislature in Bhutan

Article 10 of the Bhutanese Constitution, 2008 accommodates a bi-cameral Parliament which

comprises of Druk Gyalpo (the King of Bhutan), the National Council, which is the upper house
and the National Assembly, which is the lower house will have every single administrative force
under this Constitution. It is the obligation of the Parliament to guarantee that the Government
defends the interests of the country and satisfies the yearnings of the individuals through open
survey of strategies and issues, Bills and different enactments, and investigation of State
capacities. The individuals from Parliament will be chosen by the Electoral Laws of the
Kingdom. Article 11 arrangements with National Council while article 12 arrangements with the
National Assembly. The residency of both these houses is five years. The National Council,
which is required to gather in any event twice in a year, comprises of twenty-five non-political
individuals, one part chose by the voters in every one of the twenty Dzongkhags (authoritative
and legal regions); and five famous people designated by the Druk Gyalpo (the King)

Executive in Bhutan

The administration of Kingdom of Bhutan is of parliamentary structure. The top of the State is
the Druk Gyalpo (the King), while the top of the Government is the Prime Minister. Until the
1950s, Bhutan was an outright government whose sovereign was styled the Druk Gyalpo
("mythical beast lord"). Article 20 of the Constitution gives that the official force in Bhutan be
vested in the Lhengye Zhungtshog (Council of Ministers or Cabinet) which will comprise of the
Ministers headed by the Prime Minister. The quantity of Ministers will be dictated by the
quantity of Ministries required to give proficient and great administration. The formation of an
extra service or decrease of any service will be affirmed by Parliament. The Lhengye
Zhungtshog (Council of Ministers) will help and exhort the Druk Gyalpo (the King) in the
activity of His capacities including foreign relations, gave that the Druk Gyalpo may require the
Lhengye Zhungtshog to reevaluate such guidance, either for the most part or something else. It
likewise advances an effective common organization dependent on the law-based qualities and
standards revered in this Constitution and is by and large mindful to the Druk Gyalpo and to
Parliament.

Bhutanese Legal System

Zhabdrung Ngawang Namgyal proclaimed the principal set of Bhutanese laws, the codification
of which was finished in 1652 during the rule of the main transient ruler, Deb Umzed Tenzin
Drugyel. The Code, which fills in as the establishment of the contemporary Bhutanese legitimate
framework, depended intently on Buddhist standards and tended to the infringement of both
worldly and otherworldly laws. These laws contain explicit reference to the ten devout acts,
known as Lhachoe Gyewa Chu and the sixteen ethical demonstrations of social devotion, alluded
to as the Michoe Tsangma Chudrug. The otherworldly laws are said to take after a luxurious
bunch (dargye duephue) as the smooth bunch is light and free from the outset however bit by bit
fixes with the amassing of negative deeds, while the mainstream laws are contrasted with a
brilliant burden (sergyi nyashing) that becomes heavier and heavier with the level of the
wrongdoings submitted. The legitimate arrangement of Bhutan depends on English precedent-
based law. The Bhutanese Judiciary is endowed to defend, maintain, and direct Justice decently
and freely unafraid, favor, or undue postponement as per the Rule of Law to motivate trust and
certainty and to improve access to Justice.

Laws of Bhutan

Constitution of the Kingdom of Bhutan, 2008

Laws of Bhutan in Bhutan Government Portal

Laws of Bhutan in Bhutannica

Laws of Bhutan in National Council of Bhutan

Rules and Regulations in Bhutan Government Portal

National Standards of Bhutan

Bills in National Council of Bhutan

National Library of Bhutan

Cabinet Secretariat of Royal Government of Bhutan

National Council of Bhutan

Tourism Council of Bhutan

Royal Court of Justice, Bhutan

Zhabdrung Ngawang Namgyal promulgated the first set of Bhutanese laws and codification of
these laws was completed in 1652 during the reign of the first temporal ruler, Deb Umzed Tenzin
Drugyel. The Code was based closely on Buddhist principles and addressed the violation of both
temporal and spiritual laws. These laws contain specific reference to the ten pious acts, known as
Lhachoe Gyewa Chu and the sixteen virtuous acts of social piety, referred to as the Michoe
Tsangma Chudrug.

The Judiciary

The missions and destinations of the Judiciary of Bhutan is to (a) Safeguard the sway, keep up
harmony and peacefulness in the Kingdom of Bhutan by rendering successful equity; (b) make
dependable, reasonable and proficient equity framework; (c) Administer equity fair-mindedly
and genuinely regardless of language, religion, race or social class; (d) Administer equity
autonomously as per the law; (e) Improve availability to Justice by making Courts easy to
understand; (f) Uphold and ensure Due Process of Law, Fair Trial, Rule of Law and Review
framework; (g) Inspire and assemble open certainty and trust through proceeding with polished
skill; (h) Improve lawful language and hold Bhutanese wording that reflect and order Bhutanese
qualities; (I) Harness innovation for productivity and cost adequacy; (j) Improve foundations and
limit building; (k) Make legal procedure responsive, powerful, quicker, better, and simpler; and
(l) Impart lawful Education.

The legal authority of Bhutan is vested in the Royal Courts of Justice containing the Supreme
Court, the High Court, the Dzongkhag Court, the Dungkhag Court and such different Courts and
Tribunals as might be built up now and again by the Druk Gyalpo on the proposal of the National
Judicial Commission. (Article 21)

The Structure of the Courts

The Bhutanese lawful framework has a four-level court framework, Supreme Court, the High
Court, the Dzongkhag Courts, the Dungkhag Courts. The Supreme Court is the most elevated in
the progressive system, trailed by the High, Dzongkhag and Dungkhag Courts. There are no
courts or councils of unique purview in Bhutan.
The Supreme Court

The Supreme Court is the most elevated courtroom in Bhutan and is managed by the Chief
Justice of Bhutan. It has redrafting, warning and extra-regional purview. Where a specific case
isn't secured or is just in part shrouded by any law in power and isn't in any case avoided from
settling, the Supreme Court has unique locale over it. The Supreme Court is a court of record and
is the gatekeeper of the Constitution and the last expert on its translation. (Article 1, the
Constitution of Bhutan, 2008).

Under the current Constitution, the Chief Justice and three partner Justices of the main Supreme
Court of Bhutan were regulated the vow of office and mystery on 21st February 2010. At
present, the Supreme Court of Bhutan is briefly housed in the Kuengachholing State Guest
House.

The High Court

The High Court, set up in 1958, is comprised of three Benches. At least two appointed
authorities involve a Bench. Like the Supreme Court, the High Court practices unique, redrafting
and extra-regional ward. It likewise has intrinsic powers and activities extra-regional purview
based on universal law standards. It directly remains at the summit of the Bhutanese legal
framework and is managed by the Chief Justice of Bhutan.

The Dzongkhag Court

Subordinate to the High Court in Bhutan, there is a Dzongkhag or District Court in each
Dzongkhag (by and by, there are complete twenty). The first Dzongkhag Court was set up in
1960/61. Ordinarily, the Dzongkhag Court is comprised of one Bench, however there are some
Dzongkhag Courts that have division Benches. The Dzongkhag Court practices unique ward in
all cases inside its regional purview and hears advances from a request for Judgment of a
Dungkhag court. Such Courts managed by a Dzongkhag drangpon who is helped by at least one
drangponrabjams.

The Dungkhag Court

The Dungkhag or Sub-District Court, managed by a Dungkhag Drangpon, set up in 1978, is the
least conventional court in Bhutan. At present, there are three such courts in the nation having
unique ward in all cases inside their regional purview.

Research
There is a Research and Training Bureau of the Judiciary which was set up in 1994 under the
Royal Command to lead investigates on the wellsprings of Bhutanese laws, court behavior and
habits, formal location and titles, legitimate wording, in-administration lawful instruction,
remembering meetings for procedural code, data innovation, and Bhutanese writing with the goal
that the legal staffs can build up their abilities and information in lawful calling.

The Registrar General

The Registrar General, designated by the Chief Justice of Bhutan for a time of three years, heads
the managerial and money division of the Courts. He is upheld by other authoritative staff and is
liable for the general regulatory work in the Supreme Court and the subordinate Courts. His duty
incorporates the arrangement, move, oversight and Human Resource Development of Court
staffs.

Preliminary System of Court

The Bhutanese lawful framework is basically founded on the ill-disposed arrangement of method
with certain components of the inquisitorial framework. The courts take no sides and the
adjudicators are umpires of the defendants. The adjudicators permit continuous hearing to the
defendants or their jabmis (counsel). They are offered chance to make introduction to the Court
and answer addresses presented by the adjudicators. The offended party and the respondent or
their jabmis can submit proof to validate their lawful disputes and the Courts choose cases
dependent on the realities and issues put together by the gatherings. In this manner, the weight to
verification past sensible uncertainty lies on the investigator in a criminal case and on the
offended party to demonstrate his case by a Fair Preponderance of the Credible Evidence in a
common activity. Peruse insights concerning the Trial System of Courts in Bhutan, here.

Court Fees

By and by, the gatherings in the Civil case need to pay just 100 Bhutanese Ngultrum (Bhutanese
money) [1 USD = 44.5 Bhutanese Ngultrum] as Court Fee in High Court, while the Court Fees
in Dzongkhag and Dungkhag is just 50 Bhutanese Ngultrum. Under the Bhutanese lawful
framework, the Court needs to build up a conference schedule (segment 79 of the Civil and
Criminal Procedural Code). For the most part in a day, a limit of five hearing is to be planned.
This is done so the Drangpon and the Bench Clerks are not overburdened with such a large
number of cases and that there is appropriate time the board. Singular schedules expressly
connect the administration of a case to a specific appointed authority, making makes a decision
about responsible to people in general.

Legal Process

The Judicial Process in Bhutan follows the accompanying stages-

Vault of an objection =>Miscellaneous Hearing => Preliminary Hearing =>Production
under the watchful eye of Judge => Show Cause => Opening Statement => Defense Reply
=> Rebuttal => Evidence => Independent declaration =>Exhibit => Cross Examinations
=>Judicial Investigation=>Closing Statement =>Judgment

Court Orders

The Court gives various requests as heading, writs, directive, and consistence according to the
arrangements of the Civil and Criminal Procedure Code of Bhutan. The Court likewise issues
bring request to the defendants to show up under the watchful eye of the Court on the particular
date. Neglecting to respect the call request may involve the excusal of a case, going of a default
judgment or be obligated for disdain. Locate every single important law identifying with
Judiciary, here. Locate the important Judicial Forms here. Locate the 2011 Judgments of the
Supreme Court and 2008-2011 Judgments of the High Court here. Peruse the Judicial Reforms
(institutional, procedural and reformatory) in Bhutan, here.

National Judicial Commission and Royal Judicial Service Council

The National Judicial Commission of Bhutan, set up under a Royal Decree in 2003, is
answerable for the arrangements and expulsion of the Drangpons of the Courts in Bhutan. The
individuals from the National Judicial Commission are the Chief Justice of Bhutan as the
Chairperson, the senior most Drangpon of the Supreme Court, the Chairperson of the Legislative
Committee and the Attorney General. The Druk Gyalpo delegates the individuals from the
Commission by warrant under His Hand and seal. The Commission meets two times every year
at such time and spot as assigned by the Chairperson. Under Article 21 of the Constitution of
Bhutan, 2008 and the Judicial Service Act, 2007, the Commission submits suggestion to His
Majesty the Druk Gyalpo with respect to the arrangement of the Chief Justice of Bhutan and the
Drangpons of the Supreme Court; and the Chief Justice and the Drangpons of the High Court, to
the foundation of Courts and Tribunals, and so forth.

Office of the Attorney General

Article 29 of the Constitution of Bhutan, 2008 arrangements with the self-ruling office of
Attorney General, who as the boss lawful official of the Kingdom will be the lawful consultant to
and legitimate delegate of the Government. The Office of the Attorney General Act of Bhutan,
2006 was authorized to advance and give equity through reasonable, unprejudiced and only
procedures in common and criminal cases, by establishing illuminated laws and to maintain the
standard of law, characteristic equity and the Constitution through responsive and open lawful
procedure. Peruse the Office of the Attorney General Act of Bhutan, 2006, here. Part 3 of the
Office of the Attorney General Act, 2006 (segments 11-18) manages the capacities and segment
24 arrangements with the obligations and duties of the Office of Attorney General. Section 5
accommodates Code of Conduct of Office of Attorney General. Segment 50 of the 2006 Act
gives that on grounds of physical, mental, or other insufficiency of a lasting sort, or any
infringement of this Act; or Conviction under some other law the Prime Minister of Bhutan may
evacuate the Attorney General.

Legal Profession

The law identifying with legitimate calling in Bhutan is the Jabmi Act, 2003, which, as per the
main equity, Lyonpo Sonam Tobgye, "will reaffirm and maintain the cardinal guideline of
reasonable preliminary with the assistance of Jabmi (lawful direction) to secure and set up
individuals' privileges at all phases of procedures". The Act, a rule for proficient morals,
obligations, and duties of jabmis, is relied upon to acquire polished skill to the legitimate
framework and "improve the viability and decency in the organization of equity". Segment 2 and
Section 14 of the Jabmi Act, 2003 accommodate the foundation of a bar gathering (Jabmi
Tshogdey) and a bar affiliation (Jabmi Thuentshog). The bar chamber, as per the Jabmi Act, will
have the lawyer general as the ex-officio executive, two resigned drangpons (Judges) of the
Supreme Court/High Court, leader of bar relationship as the bad habit director, administrators of
each disciplinary advisory group and three chosen individuals among the legal counselors. The
bar committee will help the Court, advance and bolster law changes, and lead legal advisor
choice assessments. The bar affiliation will have a chosen president, selected individuals, and an
official body chose by the individuals. The idea of jabmi included in different areas of the
Bhutanese law. Somebody entangled in a legitimate debate has consistently looked for the guide
of the jabmi. The Bhutanese lawful framework gave defendants the choice either to speak to
themselves or to look for legitimate direction. It likewise had an extra statement allowing an
individual from the family to speak to the case for the disputant's sake.
 Legal system of the Republic of Maldives

1. Introduction
Maldives is an island nation in the Indian Ocean neighboring countries are India and Sri Lanka.
Previously, the country was sultanate under Portuguese and then was British protectorate and
obtained independence in 1965. Islam is the state religion and Dhivehi is a local language.
The Maldives legal system is based on an admixture of Islamic Law and English common law.
English common law greatly influences the civil and commercial laws of the country.
2. Legal History of Maldives
When the British came to control most of the areas of the Indian Ocean by the late nineteenth
century, the Maldivian Sultan entered into an agreement with the Governor of Ceylon in 1887,
which allowed the country to enjoy the status of a protected state without actually becoming a
protectorate. The British could control external affairs only and had no authority over the internal
affairs of the country. Finally, the country became independent in July 1965.
3. The Constitution
The first written Constitution of Maldives was adopted on 22 December 1932. Since then, there
were seven Constitutions and created in years 1932, 1942, 1953, 1954, 1968, 1997 and 2008 in
the Maldives. The current Constitution which came into force on 7th October 2008 can be
found here.
The Constitution is the supreme law of the land. Article 268 of the Constitution provides as
follows:
“All laws of the Maldives must be enacted in accordance with this Constitution. Any law or part
of any law inconsistent with this Constitution is, to the extent of its inconsistency, void and of no
force and effect. The obligations imposed by this Constitution must be fulfilled.
Furthermore, the Constitution of Maldives provides for powers, obligations and duties of the
Parliament, the President, and the Judiciary. It also, provides functions and mandates of the
Constitutional Bodies, those facilities to run the State smoothly and uphold the Constitution.
4. The Executive
Maldives has a presidential form of government. The President is elected by direct vote of the
people. He is the head of the state, the Head of the government and the Head of Armed Force.
The President delegates his duties and powers through his Ministers and officers appointed as per
the laws at the national level. At the local levels, the government duties are designated to the
local councils, i.e. Island’s Council, Atoll’s Council and City’s Council. These Councils are
elected by the direct vote of the citizens i.e. the Island’s Council is elected by the island
community, the Atoll’s Council is elected by the Atolls’ community and the City’s Council is
elected by the City community.

5. The President’s Duties and Powers

Pursuant to Article 115 of the Constitution of the Maldives, the President shall have following
duties and powers;
(a)  To faithfully implement the provisions of the Constitution and the law, and to promote
compliance by organs of the state and by the people;
(b)  To supervise the efficient and harmonious functioning of all departments of Government;
(c)  To promote the rule of law, and to protect the rights and freedoms of all people;
(d)  To guarantee the independence and territorial integrity of the Maldives, and to promote
respect for national sovereignty in the international community;
(e)  To formulate fundamental policies of the state and to submit policies and
recommendations to appropriate agencies and institution of Government;
(f)  To appoint, dismiss and accept the resignation of members of the cabinet, and such
officials necessary for the proper functioning of the duties his office;
(g) To preside over the Cabinet of Ministers;
(h) To issue declarations of war and peace, and to immediately submit such declaration to the
People’s Majlis for approval;
(i)  To declare a state of emergency,
(j)  To determine, conduct and oversee the foreign policy of the country, and to conduct
political relations with foreign nations and international organizations;
(k) (1) to enter into general treaties and agreements with foreign states and international
organizations, which do not impose any obligations on citizens;
(2) to enter into and ratify, with the approval of the People’s Majlis, treaties and
agreements with foreign sates and international organizations, which impose obligations
on citizens;
(l)   To appoint members of diplomatic missions to foreign countries and international
organizations in consultation with the People’s Majlis;
(m) To recall and remove from office members of diplomatic missions to foreign countries
and international organizations;
(n)  To receive and recognize the credentials of diplomatic and consular representatives of
foreign countries and other parties and to accept their letters of recall;
 (o)   To appoint temporary commissions to advise the President on national issues of national
importance;
(p)  To hold public referendums on issues of national importance;
(q)  To declarer national and government   holidays;
6. The Cabinet
The Constitution provides that there shall be a Cabinet of Ministers to be appointed by the
President under Article 129 of the Constitution. It consists of the Vice President, the Ministers in
charge of different Ministries, and the Attorney General. The President must receive the approval
of the People’s Majlis for the appointments of the members of the cabinet except for the
appointment of the Vice President.

7. Local Councils
Under 230 (a) of the Constitution, the administrative division of the Maldives shall be
administrated decent rally. Schedule II of the Constitution provides for list of the administrative
division (known as “Atolls”) in the Maldives. By virtue of Article 230(b) of the Constitution, the
President has the power to create Constituencies, posts, Island Councils, Atoll Councils and City
Councils. The Decentralization Act (Law N0.7/2010) provides for three types of local authorities
in the Maldives namely; (a) Atoll’s Councils (section 6), (b) Island’s Council (section 21) and (c)
City’s Council (section 39).

8. Statutory Bodies
There are various statutory bodies set up as per the Constitution and laws of the Maldives. These
includes as follows;

8.1 Judicial Service Commission

8.1.1 Composition of the Judicial Service Commission
8.1.2 Removal from office
8.2 Prosecutor General Office
8.3 Human Rights Commission of the Maldives
8.4 Civil Service Commission of the Maldives
8.5 Election Commission
8.6 Police Integrity Commission
8.7 Broadcasting Commission
8.8 Media Council
8.9 Anti-Corruption Commission
8.10 Auditor General Office
8.11 Maldives Inland Revenue Authority
8.12 Capital Market Development Authority
8.13 Maldives Monetary Authority
8.14 Maldives Pension Administrative Office
8.15 Local Government Authority  
8.16 Customs Integrity Commission

9. The Parliament, People’s Majlis

The legislative authority of the Maldives is vested in the People’s Majlis by virtue of Article
70(a) of the Constitution. Article 70(b) of the Constitution provides that the law-making powers
of the People’s Majilis includes the following authorities.
1.     The amendment of the Constitution, in accordance with the terms provided in the
Constitution.
2.     The enactment of legislation with regard to any matter, or the amendment or repeal
of nay law, which is not inconsistent with any tenet of Islam;
3.     The supervision of the exercise of executive authority and ensuring the execute
authority is accountable for the exercise of its powers, and taking the steps required
for ensuring the same;
4.     The approval of the annual budget and any supplementary budget;
5.     The determination of matters relating to Independent Commissions and Independent
Offices in accordance with law;
6.     The holding of public referendums on issues of public importance;
7.     The performance of all duties otherwise expressly required by the Constitution and
by law.
In addition to this, as per Article 70(c) of the Constitution, the People’s Majlis shall not pass any
law that contravenes any tenant of Islam.
Any matter submitted to the People’s Majlis for approval includes the power of the
People’s Majilis to accept, reject, revoke, or amend the disposition of the matter. (Article
70(d)).
 Any appointment or dismissal submitted to the People’s Majlis to accept or reject the
appointment or dismissal.
1.1   The term of People’s Majlis is 5 (five) years.

9.1 Legislation Process

9.2 Publication of Laws in the Government Gazette
9.3 Secondary Legislation

10. The Judiciary

The Judicial power is vested in the Supreme Court, the High Court, and such Trial Courts as
established by the law as provided in Article 141 of the Constitution.
The Supreme Court is the highest authority for the administration of justice in the Maldives and
the Chief Justice is the highest authority on the Supreme Court.
10.1 The Supreme Court
10.1.1 Appointment of Judges
10.1.2 Appointment of the Chief Justice
10.1.3 Appointment of Supreme Court’s Judges
10.2 The High Court, Lower Court
10.2.1 Appointment of High Court, Lower Court’s Judges
10.2.2 Qualifications of Judges
10.2.3 Tenure and Removal of Judges

11. The Court System

The Maldives follow a three-tier court system: Supreme Court, High Court and lower Courts.
Lower Courts are divided into two categories, Superior Courts and Magistrate Courts. The
Supreme Court, High Court and Superior Courts are located in the Capital Male’. Magistrate
Courts are located in the rest of inhabited Islands other than the Capital Island. In each inhabited
island there is one Magistrate Court.
Every court has jurisdiction to overturn the decision of a lower court.
Lower courts shall follow the decisions of a higher court.
11.1 Supreme Court of the Maldives
11.1.1 Jurisdiction of the Supreme Court
11.1.2 Original Jurisdiction
11.1.3 Inherent Jurisdiction
11.1.4 Appellate Jurisdiction  
11.1.5 Direction under Article 95 of the Constitution
11.2 High Court of the Maldives
11.2.1 Jurisdiction of the High Court
11.1.2 Supervisory Jurisdiction
11.3 Superior Courts
11.4 Magistrate Courts

12. Quasi-Judicial Bodies/Tribunals 

There are many tribunals or quasi-judicial bodies in the Maldives. Some of these are listed
below-
12.1 The Employment Tribunal
12.2 Tax Appeal Tribunal

13. Criminal Laws

The Maldives’ Criminal System is based on several pieces of legislations and regulations. At the
Attorney General Office websites enumerated several legislations in area of Criminal and
Judicial Proceedings. These include, Maldives Penal Code (MPC), Police Act and other
Procedural regulation made by the courts. There are specials laws those deals with for juvenile’s
offenders, Anti-Social behavior, Gang Violence, Domestic Violence and Drug related offences,
etc.
In terms of prosecution, the Criminal Offences in Maldives are divided into two parts, namely,
an offence prescribed under the Penal Code and an offence relating to the Islamic law (known
as Hudood offence).
The Police investigates the offences and the Prosecutor General defends the state. The
execution   and enforcement of punishment vested to the Ministry of Home Affairs.
Execution of Death Penalty
Although there are provisions in Penal Code regarding capital punishment as a penalty, in
practice such verdict is not executed in the Maldives, rather such verdicts convert to life
imprisonment for 25 (twenty-five) years by the Head of State.
Human Rights Offences are investigated by Human Rights Commission, which is an
independent body set up as per the law. Maldives is signatory country number of international
human rights treaties.
14. Family Laws
The Maldives Family Act (2000) is based on Muslim Personal law. Women have right to seek
divorce, maintenance and Polygamy is permissible within the restrictive provisions of law.
However, the inheritance issues are regulated by separate piece of legislation.

15. Islamic Law

Under Article 10 (a) of the Constitution of Maldives, Islam Shall be one of the bases of all the
laws of the Maldives. Similarly, Article 10(b) provides no law contrary to any tenet of Islam
shall be enacted in the Maldives.
The elements of Islamic laws can be seen in areas of Family, Evidence and Criminal laws,
particularly in Hudood offence. Family law is codified. However, Hudood and others laws in
nature of Islamic are still not codified. Some of them were based on brief regulation made by the
relevant courts.
17. Civil laws
Civil laws by nature do not include criminal, family and Islamic laws which are specified herein
above. Large numbers of laws are listed in the website of the Attorney General Office. The list
includes laws relating to Administrative, Obligations, Commercial, Financial and Property.