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Editor
This report is submitted by: The Maldives Women Coalition - MWC 1 and The Sexual
Rights Initiative 2 . This report deals with sexual rights in Maldives and makes references
specifically to the situation of young men and women and cultural norms/beliefs about
gender/sexuality that lead to human rights violations, including discrimination, domestic and
sexual violence, lesbian, gay, bisexual and transgender people (LGBT).
A. Background
1. The Maldives islands have been populated as early as historical records are available.
Estimates based on archaeology and linguistics concludes that the islands were populated
around 2,500 years ago if not earlier. Islam was introduced to the Maldives in the 12th
century, and in 1155 the whole nation was converted after the decree of the king who took the
title of sultan. Old temples were demolished and mosques built on their foundations. Islamic
law and moral codes were imposed upon the population much later, mainly in this century.
B. The Legal Framework
2. The Maldivian legal system is based on shari’ab law 3 . Personal law which includes family
and inheritance laws are exclusively governed by shari’ab law. Other laws such as criminal
law, contracts, company law etc, are governed by laws enacted by parliament based on
sharia’ab law. The Legislative sources are based on the Constitution of the Republic of
Maldives, Laws enacted by Parliament, Statutory instruments (Rules and Regulations of the
various government authorities) 4
3. The administration of Justice is the responsibility of the various courts under the ministry
of justice and the High Court of Maldives. There is a court in each island which hears
criminal, juvenile, family as well as civil cases. Criminal cases are heard in the criminal court,
while civil cases are heard in the civil court. The High Court of Maldives has the authority to
hear any of the cases heard in the lower courts if it considers it to be in the interests of justices
that the case be heard 5
Main Issues
C. Cultural norms/beliefs about gender/sexuality
Rights Initiative 2 . This report deals with sexual rights in Maldives and makes references
specifically to the situation of young men and women and cultural norms/beliefs about
gender/sexuality that lead to human rights violations, including discrimination, domestic and
sexual violence, lesbian, gay, bisexual and transgender people (LGBT).
A. Background
1. The Maldives islands have been populated as early as historical records are available.
Estimates based on archaeology and linguistics concludes that the islands were populated
around 2,500 years ago if not earlier. Islam was introduced to the Maldives in the 12th
century, and in 1155 the whole nation was converted after the decree of the king who took the
title of sultan. Old temples were demolished and mosques built on their foundations. Islamic
law and moral codes were imposed upon the population much later, mainly in this century.
B. The Legal Framework
2. The Maldivian legal system is based on shari’ab law 3 . Personal law which includes family
and inheritance laws are exclusively governed by shari’ab law. Other laws such as criminal
law, contracts, company law etc, are governed by laws enacted by parliament based on
sharia’ab law. The Legislative sources are based on the Constitution of the Republic of
Maldives, Laws enacted by Parliament, Statutory instruments (Rules and Regulations of the
various government authorities) 4
3. The administration of Justice is the responsibility of the various courts under the ministry
of justice and the High Court of Maldives. There is a court in each island which hears
criminal, juvenile, family as well as civil cases. Criminal cases are heard in the criminal court,
while civil cases are heard in the civil court. The High Court of Maldives has the authority to
hear any of the cases heard in the lower courts if it considers it to be in the interests of justices
that the case be heard 5
Main Issues
C. Cultural norms/beliefs about gender/sexuality
4 Maldivian state imposes restrictions to Human Rights in the name of Islam. Human rights
and fundamental freedoms are considered as a western norm and its universality denounced.
5. Divorce is available to men and women, but husbands may divorce more easily if the
decision is not mutual. Women suffer greater losses in divorce than men do, because of their
financial dependence on their husbands. Women often stay in the homes of their ex-husbands
until they remarry. Divorced women and their children are particularly economically
vulnerable and divorced women have limited choices to improve their situation apart from
remarrying. The effect on women and children of being forced to continue residence with an
estranged husband or father has not been closely addressed.
6. A Muslim woman is not allowed to marry a non-Muslim man whereas Muslim men are
allowed to marry non-Muslim women 6 . With the object of protecting morality and preventing
sexual anarchy, women are expected to cover their whole bodies bar, their faces and their
hands up to their wrists. Women can have no contact with men to whom they are not related
without the presence of a male relative.
7. Maldives women had the freedom to dress according to indigenous norms and give their
children Divehi language names. They also had the freedom to be governed by female rulers.
One by one, these indigenous freedoms were violated by the mullahs. It looks increasingly
likely that very soon every Maldive women would be obliged into the Islamic head-dress
called hijab by decree. 7
8. Girls and boys are separated from the very beginning in schools. In the base of the laws of
Maldives, women are the source of corruption in the community and the cause of the
deviation of men 8 . By these crimes they are controlled and punished from the early childhood
and during all their life 9
9. Girls are under enormous pressure in school as well as in society. This deprives them of
free movement, from playing freely, and from happily participating in social activities. The
schools authorities spy on girls to see if they wear make up, to hear if they talk about boys or
if they carry pictures of stars. Pupils are even intimidated into spying on their parents and to
report to the school authorities about their parents’ life style and whether their female
relatives offend against Islamic rules at home. This has produced a system of inquisition in
schools. The environment is full of repression and control, the control of children’s minds and
behaviour. Friendship between girls and boys is forbidden, considered a sin and punishable.
Girls are under strict scrutiny. Their talking, walking, laughing, dressing and movements are
controlled and carefully monitored. Teachers and principals punish girls physically and
psychologically if the veil is not worn properly even at play.
D. Female discrimination
10. Culture dictates a certain level of separation of men and women in the
workplace. Usually, women are found in lower-paying positions, such as clerical work,
agriculture, and service jobs in the tourist sector. Maldives has experienced rapid economic growth and modernization over the past decade, but many women benefit less from this
growth, because some traditional beliefs conflict with women’s free participation in the
economic market.10
11. In connection with sex roles and stereotyping, the traditional cultural values associate
women mainly with domestic work and childcare, and there are limited opportunities for
women to work outside the home. 11
12. Regarding the role of women in political and public life, women have the right to vote in
all elections and are eligible for candidature to elected bodies and all public positions except
that of head of State. Although women are entitles to stand as candidates for the National
Assembly, the percentage of women candidates is small. Only three out of the 50 members of
the National Assembly are female. In the absence of constitutional barriers to women’s
participation in decision-making positions, the main constraint of women’s access to these
positions is the deeply rooted gender subordination.
E. Domestic and sexual violence
13. The women of Maldives face violence in various forms within their homes, in public
space, in the workplace, and within the community in general. Generally is observed that
these kinds of problems are not denounced and tend to kept in secret because women believe
that these issues should remain in the family. It may be difficult for them to talk to someone
because their husband may be very controlling. Maldivian government tries to hide these
issues believing that it is a family problem that should be dealt within the private sphere.
14. A married woman must have sex whenever the husband wishes 12 . A man can easily
divorce a woman by pronouncing that he is divorcing her three times. Polygamy with up to
four wives is permitted, and temporary marriage is allowed whereby a man can have access to
an unlimited number of women. Men are also permitted concubines and female slaves. No
specific definition of rape exists and the law does not extend to recognize marital rape.
15. As traditional practices, a man is ordered to beat his wife if she doesn't obey him. The
marriage with young girls who have not reached puberty is common practice.
16. The Maldive Law is totally opposed to freedom of dressing – for women. This is an
obvious and enormous barrier to the personal development of girls and women; going against
their autonomy, freedom of expression and exercise of their sexuality. Under Islamic law,
women have no choice about their looking and are imprisoned behind veils under the
justification that otherwise men cannot trust that they will control their sexual impulses. On
the pretext of protecting their honor, women are kept locked up, isolated and unable to enjoy a
full life and to develop their potential 13 .
and fundamental freedoms are considered as a western norm and its universality denounced.
5. Divorce is available to men and women, but husbands may divorce more easily if the
decision is not mutual. Women suffer greater losses in divorce than men do, because of their
financial dependence on their husbands. Women often stay in the homes of their ex-husbands
until they remarry. Divorced women and their children are particularly economically
vulnerable and divorced women have limited choices to improve their situation apart from
remarrying. The effect on women and children of being forced to continue residence with an
estranged husband or father has not been closely addressed.
6. A Muslim woman is not allowed to marry a non-Muslim man whereas Muslim men are
allowed to marry non-Muslim women 6 . With the object of protecting morality and preventing
sexual anarchy, women are expected to cover their whole bodies bar, their faces and their
hands up to their wrists. Women can have no contact with men to whom they are not related
without the presence of a male relative.
7. Maldives women had the freedom to dress according to indigenous norms and give their
children Divehi language names. They also had the freedom to be governed by female rulers.
One by one, these indigenous freedoms were violated by the mullahs. It looks increasingly
likely that very soon every Maldive women would be obliged into the Islamic head-dress
called hijab by decree. 7
8. Girls and boys are separated from the very beginning in schools. In the base of the laws of
Maldives, women are the source of corruption in the community and the cause of the
deviation of men 8 . By these crimes they are controlled and punished from the early childhood
and during all their life 9
9. Girls are under enormous pressure in school as well as in society. This deprives them of
free movement, from playing freely, and from happily participating in social activities. The
schools authorities spy on girls to see if they wear make up, to hear if they talk about boys or
if they carry pictures of stars. Pupils are even intimidated into spying on their parents and to
report to the school authorities about their parents’ life style and whether their female
relatives offend against Islamic rules at home. This has produced a system of inquisition in
schools. The environment is full of repression and control, the control of children’s minds and
behaviour. Friendship between girls and boys is forbidden, considered a sin and punishable.
Girls are under strict scrutiny. Their talking, walking, laughing, dressing and movements are
controlled and carefully monitored. Teachers and principals punish girls physically and
psychologically if the veil is not worn properly even at play.
D. Female discrimination
10. Culture dictates a certain level of separation of men and women in the
workplace. Usually, women are found in lower-paying positions, such as clerical work,
agriculture, and service jobs in the tourist sector. Maldives has experienced rapid economic growth and modernization over the past decade, but many women benefit less from this
growth, because some traditional beliefs conflict with women’s free participation in the
economic market.10
11. In connection with sex roles and stereotyping, the traditional cultural values associate
women mainly with domestic work and childcare, and there are limited opportunities for
women to work outside the home. 11
12. Regarding the role of women in political and public life, women have the right to vote in
all elections and are eligible for candidature to elected bodies and all public positions except
that of head of State. Although women are entitles to stand as candidates for the National
Assembly, the percentage of women candidates is small. Only three out of the 50 members of
the National Assembly are female. In the absence of constitutional barriers to women’s
participation in decision-making positions, the main constraint of women’s access to these
positions is the deeply rooted gender subordination.
E. Domestic and sexual violence
13. The women of Maldives face violence in various forms within their homes, in public
space, in the workplace, and within the community in general. Generally is observed that
these kinds of problems are not denounced and tend to kept in secret because women believe
that these issues should remain in the family. It may be difficult for them to talk to someone
because their husband may be very controlling. Maldivian government tries to hide these
issues believing that it is a family problem that should be dealt within the private sphere.
14. A married woman must have sex whenever the husband wishes 12 . A man can easily
divorce a woman by pronouncing that he is divorcing her three times. Polygamy with up to
four wives is permitted, and temporary marriage is allowed whereby a man can have access to
an unlimited number of women. Men are also permitted concubines and female slaves. No
specific definition of rape exists and the law does not extend to recognize marital rape.
15. As traditional practices, a man is ordered to beat his wife if she doesn't obey him. The
marriage with young girls who have not reached puberty is common practice.
16. The Maldive Law is totally opposed to freedom of dressing – for women. This is an
obvious and enormous barrier to the personal development of girls and women; going against
their autonomy, freedom of expression and exercise of their sexuality. Under Islamic law,
women have no choice about their looking and are imprisoned behind veils under the
justification that otherwise men cannot trust that they will control their sexual impulses. On
the pretext of protecting their honor, women are kept locked up, isolated and unable to enjoy a
full life and to develop their potential 13 .
17. Children grow learning that the main duty of women is to take care of the home and
children. Women are pictured only as mothers and housekeepers. The transmission of
stereotypical gender roles is an essential element of school education. In this way, oppression
of women by men and male domination are perpetuated and naturalized in our culture. In
school, children are taught that the traditional male–female gender roles, women’s
segregation, and sexual apartheid are a desirable state for women in society. They also learn
that women are inferior to and equal to only half of a man, that women belong to men, that
men have the right to punish their wives if they do not obey them, that women constitute a
potential source of corruption in society so the hijab must be imposed on them. They are
taught that the veil is the legitimate physical border of a woman’s existence in society to
protect men and the community from any possible moral and social danger and the
devastation they may cause.
18. Child sexual abuse is allowed by Islamic Law 14 . A Muslim man can have sex with a baby
girl without consequences. This also means that non-Muslim pedophiles can convert to Islam
and their illegal behaviors get legal.
F. LGBT Rights
19. Consensual acts between adults of the same sex is illegal in the Maldives under the
Sharia 15 . Punishment for adults is 19-39 lashes and one to three years banishment or jail time.
A serious issue of concern is that consensual acts between adults receive almost the same
punishment as acts between an adult and a minor. 16 The penalty for an adult engaging in
same-sex relations with someone younger than 16 is 19-39 lashes and three to six years
banishment or jail time. Sexual acts between men and between women are not regulated by
the Penal Code, but are prohibited by Islamic Sharia law, applicable to Maldives along with
civil law, with penalties decided by Islamic courts. The punishment for women is house arrest
for nine months to one year. There have been reports of women being sentenced to a
whipping as well for lesbian acts.
G. Recommendations
The government of Maldives should:
20. Take the necessary steps –including legislation- to stop child sexual abuse and other forms
of sexual violence and create an independent judiciary body to deal with independent and
impartial investigations on these issues, and dispose punishment to perpetrators and redress to
victims.
21. Ensure that all children, particularly girls, enjoy fully the right to such measures of
protection as are required by their status as minors, following the international standards.
22. Inform victims of sexual violence and their families about their rights and judicial
proceedings, offer counseling to women and child victims through trained staff, and avoid re-
traumatizing or stigmatizing victims during the judicial process.
children. Women are pictured only as mothers and housekeepers. The transmission of
stereotypical gender roles is an essential element of school education. In this way, oppression
of women by men and male domination are perpetuated and naturalized in our culture. In
school, children are taught that the traditional male–female gender roles, women’s
segregation, and sexual apartheid are a desirable state for women in society. They also learn
that women are inferior to and equal to only half of a man, that women belong to men, that
men have the right to punish their wives if they do not obey them, that women constitute a
potential source of corruption in society so the hijab must be imposed on them. They are
taught that the veil is the legitimate physical border of a woman’s existence in society to
protect men and the community from any possible moral and social danger and the
devastation they may cause.
18. Child sexual abuse is allowed by Islamic Law 14 . A Muslim man can have sex with a baby
girl without consequences. This also means that non-Muslim pedophiles can convert to Islam
and their illegal behaviors get legal.
F. LGBT Rights
19. Consensual acts between adults of the same sex is illegal in the Maldives under the
Sharia 15 . Punishment for adults is 19-39 lashes and one to three years banishment or jail time.
A serious issue of concern is that consensual acts between adults receive almost the same
punishment as acts between an adult and a minor. 16 The penalty for an adult engaging in
same-sex relations with someone younger than 16 is 19-39 lashes and three to six years
banishment or jail time. Sexual acts between men and between women are not regulated by
the Penal Code, but are prohibited by Islamic Sharia law, applicable to Maldives along with
civil law, with penalties decided by Islamic courts. The punishment for women is house arrest
for nine months to one year. There have been reports of women being sentenced to a
whipping as well for lesbian acts.
G. Recommendations
The government of Maldives should:
20. Take the necessary steps –including legislation- to stop child sexual abuse and other forms
of sexual violence and create an independent judiciary body to deal with independent and
impartial investigations on these issues, and dispose punishment to perpetrators and redress to
victims.
21. Ensure that all children, particularly girls, enjoy fully the right to such measures of
protection as are required by their status as minors, following the international standards.
22. Inform victims of sexual violence and their families about their rights and judicial
proceedings, offer counseling to women and child victims through trained staff, and avoid re-
traumatizing or stigmatizing victims during the judicial process.
23. Take appropriate action to stop female discrimination, on the basis of gender, sex and
marital status, introduce provisions by amending the Nationality Law which discriminate on
the basis of gender, religion, sex or status and violate the right to equality of spouses.
24. Prohibit any law, custom, or tradition that undermines women's dignity, welfare, interest,
and autonomy; the definition of equality should be incorporated into the draft law on
women’s rights 17 as well as in the Constitution to ensure compliance with international
human rights standards, including gender-neutral statutes related to adultery and premarital
sex.
25. Guarantee women's right to equal treatment with men, including equal rights to inherit,
has access to, and control property.
26.Continue to address, through radio, press and other media, support for women's and girls'
rights to equality in all aspects of their public and private lives, including freedom from cruel,
inhuman, or degrading treatment.
27. Investigate and prosecute persons who threaten to harm female family members to
dishonoring the family; and implement recruiting and training programmes for female police
officers to investigate crimes of domestic violence, commissioning experts in this area in
order to modify police attitudes and teach relevant skills.
28. Create adequate and accessible shelters for victims of domestic violence, especially for
women who have been victims of "honor" crimes or who are at risk of such violence,
including their children.
marital status, introduce provisions by amending the Nationality Law which discriminate on
the basis of gender, religion, sex or status and violate the right to equality of spouses.
24. Prohibit any law, custom, or tradition that undermines women's dignity, welfare, interest,
and autonomy; the definition of equality should be incorporated into the draft law on
women’s rights 17 as well as in the Constitution to ensure compliance with international
human rights standards, including gender-neutral statutes related to adultery and premarital
sex.
25. Guarantee women's right to equal treatment with men, including equal rights to inherit,
has access to, and control property.
26.Continue to address, through radio, press and other media, support for women's and girls'
rights to equality in all aspects of their public and private lives, including freedom from cruel,
inhuman, or degrading treatment.
27. Investigate and prosecute persons who threaten to harm female family members to
dishonoring the family; and implement recruiting and training programmes for female police
officers to investigate crimes of domestic violence, commissioning experts in this area in
order to modify police attitudes and teach relevant skills.
28. Create adequate and accessible shelters for victims of domestic violence, especially for
women who have been victims of "honor" crimes or who are at risk of such violence,
including their children.
-end-
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