Maldives President Refuses To Sign Sexual Offenses Bill Because of Conflicts With Shariah Law

Minivan News reported last week that in the Maldives President Abdulla Yameen returned to the parliament (People's Majlis) for reconsideration a Sexual Offenses Bill passed in late December by a vote of 67-2.  The President sent parliament a 46-page memo (full text in Dhivehi) setting out concerns the Attorney General had raised about the bill, including that some of the provisions are contrary to Islamic Shariah. After the Majilis passed the bill, Vice President of the Fiqh Academy Dr Mohamed Iyaz Abdul Latheef criticized the bill as inconsistent with Islamic law because it categorized as rape non-consensual intercourse with one's wife while divorce or dissolution proceedings are pending, during a mutually agreed separation, or in order to intentionally transmit a sexually transmitted disease. Dr. Iyaz said: "With the exception of forbidden forms of sexual intercourse, such as during menstrual periods and anal intercourse, it is not permissible under any circumstance for a woman to refrain from it when the husband is in need," even if the woman has filed for divorce. Also, he said, the woman's consent would not be needed when after a conditional divorce the man decides to renew the marriage during the waiting period.

Maldives Parliament Sends Penal Code Back To Committee Over Concerns About Consistency With Sharia Law

In the Maldives yesterday, Parliament rejected a draft of a new Penal Code that has been under review by Parliamentary committees for seven years.  Minivan News reports that the proposed law-- the first draft of which was prepared by University of Pennsylvania law professor Paul Robinson-- was sent back to committee for more revisions. Many of the opponents of the current draft say that it does not adequately reflect Sharia law. In particular they are concerned that it does not reflect certain fixed punishments required by Islamic law. More broadly, another lawmaker reflected the view of some scholars that it is blasphemous to "rephrase divine laws in Islamic Sharia into separate articles in a law." The Maldives claims to be 100% Muslim. Other critics were concerned about the short time (3 days) the bill was open for amendments from the floor of Parliament.  A Dec. 24 Minivan News article has further background on the proposed Penal Code and links to the two volumes of text and commentary.