Interpretation of Statutes at Maldives
Here’s an overview of Interpretation of Statutes in the Maldives, focusing on how courts and legal authorities interpret and apply legislation:
⚖️ Legal System Context in the Maldives
The Maldives has a mixed legal system based on Islamic Shariah law, English common law, and codified statutes.
The Constitution of the Maldives (2008) is the supreme law and provides the legal foundation for statutory interpretation.
Shariah principles apply primarily to personal and family matters but can influence interpretation more broadly.
📜 Principles of Statutory Interpretation in the Maldives
Literal Interpretation
The first approach is to apply the plain, ordinary meaning of statutory words.
If the language is clear and unambiguous, it is interpreted as written.
Purposive or Teleological Interpretation
If the literal meaning leads to uncertainty or absurdity, courts consider the purpose and intent behind the law.
Legislative objectives are given priority in ambiguous cases.
Constitutional Conformity
All laws must be interpreted in accordance with the Maldivian Constitution.
In case of conflict, the Constitution prevails.
Shariah Law Considerations
In areas governed by Islamic law (e.g., family, inheritance), interpretation is aligned with Shariah principles.
Courts may consult religious scholars or Shariah jurisprudence for guidance.
Avoidance of Absurdity
Statutes should not be interpreted in a way that leads to unreasonable or illogical outcomes.
Use of Extrinsic Aids
Courts may refer to:
Legislative history
Parliamentary debates
Legal commentaries
Comparative law (especially from other Islamic or common law jurisdictions)
🏛️ Judicial Authorities
The Supreme Court of the Maldives is the highest judicial authority and final interpreter of the Constitution and statutes.
The High Court and lower courts handle statutory application within their jurisdiction.
Islamic jurisprudence is often referenced in appropriate legal contexts.
📚 Key Legal Instruments
Constitution of the Maldives (2008)
Law No. 4/2011 (Interpretation Act) – provides formal rules for statutory interpretation.
Codified laws in areas like penal, civil, and commercial law.
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