Journal Summary The IUM Journal of Laws (IUMJOL) is a publication dedicated to advancing legal scholarship and promoting interdisciplinary perspectives on law. Our journal serves as a bridge between academia, legal practice, and policymaking, addressing the dynamic challenges of modern legal systems. Scope and Focus IUMJOL publishes a wide range of scholarly articles, case analyses, and critical commentaries covering various legal disciplines. Our focus spans: International and Comparative Law: Exploring global legal frameworks and their implications. Constitutional Law and Governance: Analysing the foundations of legal systems and policy developments. Human Rights and Social Justice: Advocating for equity and inclusion through legal discourse. Emerging Legal Fields: Examining the impact of technology, climate change, and innovation on the law. Editorial Excellence Our journal upholds a rigorous peer-review process to ensure scholarly integrity and relevance. Each contribution is reviewed by experts to maintain a high standard of academic quality. Audience IUMJOL caters to a diverse readership, including academics, legal practitioners, policymakers, and students. It serves as an invaluable resource for those seeking in-depth insights into contemporary legal challenges. By fostering collaboration and thought leadership, IUMJOL contributes to the development of law as a tool for progress and justice.
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Restoring Confidence in Justice: The Evolving State of Judicial Independence in the Maldives
In the Maldives, the judiciary has historically been accused of political influence and bias. A successful judicial system requires both judicial independence and public confidence, which together reinforces constitutional governance and the rule of law. While much has been written about the importance of judicial independence, less attention has been devoted to examining the structural and institutional factors that undermine it. This doctrinal study analyses the Maldivian constitutional framework for judicial independence, with particular focus on the 2008 Constitution, the three-tier court structure, and the role of the Judicial Service Commission (JSC). It draws primarily on earlier reports by international organisations, human rights bodies, and civil society, which documented concerns such as politicised appointments, executive influence, and variations in judicial competence. The study argues that these past evaluations reveal a gap between the constitutional promise of independence and the public perception of a judiciary vulnerable to political pressures, particularly in relation to lower courts and the JSC. The article concludes that strengthening judicial independence requires continued institutional reform, including restructuring the JSC, enhancing judicial training, increasing transparency and accountability, and protecting judges from undue influence while maintaining fair and impartial disciplinary mechanisms. Addressing these systemic issues is essential for ensuring that the Maldivian judiciary not only remains independent in law but is also perceived as independent by the public it serves.
Copyright (c) 2026 IUM Journal of Laws (IUMJOL) https://creativecommons.org/licenses/by-nc-nd/4.0
Reconceptualizing Child Protection from Sexual Abuse through Maqasid al-Shari’ah: A Normative Framework for Law Reform in the Maldives
Child sexual abuse represents a grave violation of human dignity, requiring comprehensive legal and institutional responses. In Muslim-majority jurisdictions, reform initiatives must be anchored in a coherent Islamic normative framework to secure both legitimacy and practical effectiveness. In the Maldives, recent legislative developments have strengthened statutory protections for children; however, reform discourse frequently emphasizes procedural deficiencies while insufficiently engaging the Islamic legal imperatives that mandate proactive state intervention. Employing a doctrinal and normative legal analysis, this article draws upon classical Islamic jurisprudence and contemporary maqasid al-shari’ah scholarship to reconceptualize child protection as an intrinsic objective of Sharīʿah rather than a purely modern policy concern. It argues that the preservation of life, dignity, lineage, and psychological integrity necessitates strong safeguards against sexual abuse. Building on this foundation, the article advances a reform framework centered on preventive mechanisms, trauma-sensitive procedures, specialized institutional structures, and coordinated governance. Situated within the Maldivian legal context, this analysis demonstrates that strengthening child protection laws constitutes both a juridical necessity and a religious obligation. By aligning contemporary legal reforms with the higher objectives of Islamic law, Muslim-majority states can enhance the legitimacy and effectiveness of their child protection systems.
The Business Judgment Rule: Analysing Walt Disney Case in the Nigerian Context
Corporations are vital to the economic development of any nation; they are an important vehicle for the development of capitalism. Directors are pivotal to the management of companies as they are often the alter ego of companies. The sensitive nature of the position of directors confers on them the status of a fiduciary in respect of the company as they are entrusted with managing its resources and affairs and must act in its best interest at all times. Thus, the ultimate duty of a director is the fiduciary duty and from which other common law and statutory duties flow. However, in certain instances, a director while acting as a fiduciary and in what he believes to be the best interest of the company may end up harming the company. The question therefore is, will the act of the director which has negatively affected the company be ameliorated because such act was done in the best interest of the company? Will intention be a strong factor in deciding directors’ culpability for a decision taken but which has affected the company adversely? This issue came to fore in the US case of Walt Disney Derivative Litigation which espoused the business judgment rule. The objective of this article is to analyse the business judgment rule and its exposition in the Walt Disney case. The article also aims at examining the Nigerian company law with the aim of determining the application of the business judgment rule. It finds that while there is no express reference to the business judgment rule in the Nigerian company legislation and case law, there are provisions in the law that are in tandem with the spirit of the business judgement rule. Thus, directors in Nigeria also enjoys the protection which affords them the opportunity to exercise their discretionary powers without fear of liability as long as the powers are exercised in good faith. The article further finds that directors in Nigeria in fact enjoys wider protection than that offered under the business judgment rule as they enjoy what can be referred to as anticipatory protection which enables them to apply to court to seek some relief in anticipation of an action by the company itself or a minority shareholder. This article adopts the doctrinal research methodology to analyse the Nigerian legal framework in the context of the business judgment rule. It concludes by recommending that the position in Nigeria on anticipatory protection be adopted in stretching the business judgment rule in the United States while also recommending an amendment in the Nigerian Companies and Allied Matters Act to clear ambiguity and further enhance director’s protection.
Constitutionalism in the First Constitution of the Maldives
The Maldives saw the promulgation of her first Constitution in 1932, and had five more Constitutions before her seventh and current Constitution came into force on 7th August 2008. A very important issue in relation to the old Constitutions is whether they ensured supremacy of the law, or government of law instead of government of men. To address this issue, this article explores the concept of constitutional judicial review as a tool of constitutionalism, and the doctrine of judicial independence as the proper venue for enforcing constitutionalism through constitutional judicial review. Such a venue was not provided by any of the first six Constitutions, as none of them provided the necessary constitutional basis for constitutionalism, independence of judiciary, and constitutional judicial review. In fact, the earlier Constitutions mostly failed to even set up a judicial department of the State in a meaningful way.
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Protection of Environment During Armed Conflicts
Armed conflict inflicts profound and often enduring harm on the natural environment, with direct consequences for civilian survival, public health, and post-conflict recovery. This article examines the evolving international legal framework for protecting the environment during armed conflict, focusing on three major instruments: the International Law Commission’s Draft Principles on the Protection of the Environment in Relation to Armed Conflicts, the International Committee of the Red Cross’s Guidelines on the Protection of the Natural Environment in Armed Conflict, and the International Criminal Court Prosecutor’s 2025 Policy on Addressing Environmental Damage through the Rome Statute. It argues that, taken together, these instruments signal a significant normative shift from viewing environmental harm as an incidental by-product of warfare towards an integrated approach combining prevention, operational guidance, and individual criminal accountability. At the same time, the paper highlights persistent legal and practical gaps, particularly in contemporary conflicts marked by urban warfare, prolonged occupation, and large-scale ecological devastation, as illustrated by the situation in Gaza. The article concludes that strengthening interpretation, implementation, and accountability is essential to align legal norms with the realities of modern armed conflict and ecological vulnerability.
މި ދިރާސާއަކީ އިންޓަރނެޓް މެދުވެރިކޮށް ހިންގާ މަކަރާއި ޙީލަތުގެ މައްސަލަތައް ތަޙްޤީޤު ކުރުމުގައި ދިވެހި ފުލުހުންގެ ޚިދުމަތަށް ޤާނޫނީ ގޮތުން ދިމާވާ ގޮންޖެހުންތަކަކީ ކޮބައިކަން ބަލައި، އެގޮންޖެހުންތައް ހައްލު ކުރުމަށް ކުރެވޭނީ ކޮންކަމެއްތޯ ބަލައި އެކަމަށް ފަރުވާއެއް ހޯދުމުގެ ބޭނުމުގައި ހަދާފައިވާ ދިރާސާއެކެވެ. އިންޓަރނެޓް ވުޖޫދުވުމާއި ކޮމްޕިއުޓަރުން އިންޓަރނެޓް ބޭނުންކޮށް އެއިން އާންމު ބޭނުންތަކުގައި ބޭނުންކުރަން ފެށިފަހުން އެ ބޭނުންކޮށްގެން ކުށްތައް ކުރަން ފެށިގެން އައެވެ. އަދި މީގެ ސަބަބުން ކުރިން ނެތް ބާވަތުގެ ކުށްތައް ވުޖޫދުވެ އޭރު ނެތް ޤާނޫނުތައް ތަސްދީޤުކުރަން އެކި ޤައުމުތަކަށް މަޖްބޫރުވިއެވެ. އެހެންކަމުން އިންޓަރނެޓް މެދުވެރިކޮށް ހިންގާ ކުށްތަކާ އެއްގޮތަށް ޤާނޫނުތަކަށް ބަދަލުތައްވެސް ގެންނަން ޖެހުމުން އެކަމުގައި ޤާނުނު ހަދާފަރާތްތަކަށާއި، ޤާނޫނު ތަންފީޛުކުރާ ފަރާތްތަކަށް ގޮންޖެހުންތަކެއް ދިމާވާން ފެށިއެވެ. އިންޓަނެޓް ބޭނުންކުރުން ގިނަވުމުގެ ސަބަބުން ދުނިޔޭގެ ފެންވަރުގައި އިންޓަނެޓް ސްކޭމްތައް ހިމެނޭ ގޮތަށް އިންޓަރނެޓް މެދުވެރިކޮށް ހިންގާ ކުށްތައް އިތުރުވުމަށް މިހާރު މިވަނީ މަގުފަހިވެފައެވެ. އިންޓަރނެޓް މެދުވެރިކޮށް ތަފާތު ބާވަތްތަކުގެ ކުށްތައް ހިންގާއިރު މަކަރާޙީލަތަކީ މިހާރު ދިވެހިރާއްޖެއަށް އަދި މުޅި ދުނިޔެއަށްވެސް އެއިން ސަލާމަތްނުވެފައި އޮތް ވަބާއެކެވެ. އިންޓަރނެޓް މެދުވެރިކޮށް ހިންގާ މަކަރާއިޙީލަތުގެ މައްސަލަތައް ތަޙްޤީޤު ކުރުމުގައި ދިވެހި ފުލުހުންގެ ޚިދުމަތަށް ޤާނުނީގޮތުން ދިމާވާ ގޮންޖެހުންތައް ދެނެގަތުމުގެ މަޤްޞަދުގައި ހެދިފައިވާ މިދިރާސާ ކުރިއަށް ގެންގޮސްފައިވަނީ ކޮލިޓޭޓިވް ޑޮކްޓްރީނަލް ލީގަލް ރީސަރޗް މަންހަޖުތަކުގެ މައްޗަށް ބިނާކޮށްގެންނެވެ. އެއްކުރެވިފައިވާ މަޢުލޫމާތުގެ އަލީގައި ކަމާއިގުޅުންހުރި ޤާނޫނުތަކަށް އަވަސް ބަދަލުތަކެއް ގެންނަންޖެހޭކަމާއި، ފުލުހުންގެ ތަޙްޤީގީ އިދާރާ އިތުރަށް ކުރިއަރުވަންޖެހޭކަން ހާމަވެގެން ގޮސްފައިވެއެވެ.
އިންޓަރނެޓް މެދުވެރިކޮށް ހިންގާ ކުށްތައް
ޙުޤީޤީ އިދާރާތަކަށް ދިމާވާ ގޮންޖެހުންތައް
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ދިވެހިރާއްޖޭގައި ކުޑަކުދިން ޖިނާޢީކުށުގެ ޒިންމާނަގަންޖެހޭ ޢުމުރުފުރާ މުރާޖަޢާކުރުމުގެ މުހިންމުކަން
ދިވެހިރާއްޖޭގައި ލިޢާންކުރުމާބެހޭ ޤާނޫނެއް ކޮޑިފައިކުރުމުގެ ބޭނުންތެރިކަން
Protection of labor rights of private sector employees in Maldives
The rights of private sector employees began to be acknowledged with the enactment of the 2008 Constitution and the Employment Act of 2008. Despite the existence of employment laws and regulatory bodies, it is not uncommon for private sector employees to raise complaints about the infringement of their rights. This research aims to identify some key rights that private sector employees are entitled to and the extent to which they are protected by relevant legislation. This will ultimately help to determine the steps necessary to ensure the protection of the rights of private sector employees. This research was conducted through qualitative methods and data was collected mainly through documents and interviews. This research focuses on the right to fair wages, freedom from discrimination, fair working hours, safe working conditions and adequate accommodation. It was discovered that private sector employees, especially migrant workers, are more vulnerable to being exploited. Hence, private sector employees cannot fully enjoy basic labor rights they are entitled to.
Adapting Legal Education for the Digital Era: Exploring Hybrid Learning and Remote Work at the Islamic University of Maldives
The transition towards hybrid and remote learning models in legal education, accelerated by the COVID-19 pandemic, has presented both opportunities and challenges. This paper explores the experiences of educators, students and administrators at the Islamic University of Maldives (IUM). It aims to identify key challenges, opportunities, and strategic recommendations for optimising hybrid and remote learning within the context of legal education. By qualitatively analysing data gathered from multiple sources, this paper highlights the importance of technological infrastructure, professional development, and student engagement in ensuring the success of these learning models. This research is crucial in guiding IUM in navigating the shift towards hybrid and remote learning in the provision of legal education. It aims to provide actionable insights for educators and administrators to optimise these models for legal education. Furthermore, the study’s findings will contribute to the broader discourse on the future of higher education in the digital age. The transition to hybrid learning and remote work is not merely a temporary response to global events but a significant shift in the educational landscape. This research seeks to provide a comprehensive understanding of this shift and to offer strategic guidance for IUM to effectively embrace this new era of legal education.
Introduction of the First Written Constitution to the Maldives: A Historical Appraisal
The Maldives holds a distinguished position as one of the earliest nations in the Muslim world and South Asia to adopt a written constitution. Understanding the genesis and evolution of its first written constitution is crucial for comprehending the broader legal history of the nation. This study aims to explore the historical development of the first written constitution, the motivations behind its creation, and its unique constitutional features. One of the major achievements of this constitution was the establishment of a democratic foundation harmonized with Islamic Sharia, transitioning the Maldives from an absolute hereditary monarchy to an elected monarchy. This transition from an absolute hereditary monarchy to an elected monarchy marked the beginning of the future democracy in the Maldives. One of the key constitutional limitations introduced was the curtailment of the king's absolute power, mandating that he adhere to the constitution and to the rule of law. Despite the short survival of the first constitution, its profound influence paved the way for the continuity of constitutional governance in the Maldives. This enduring legacy is reflected in the series of constitutions adopted between 1932 and 2008, highlighting the transformative and lasting impact of the Maldives' first written constitution.
Archipelagic Baselines: The Current State Practice and the Legal Effect of Invalid Archipelagic Baselines
The provisions outlined in Part IV of the United Nations Convention on the Law of the Sea pertain to the regulation of the archipelagic regime and the delineation of archipelagic baselines. The practice of archipelagic States regarding archipelagic baselines is continuously developing. Thus, it is essential to monitor these developments and analyse the legal implications of archipelagic baseline practices. The main objective of this paper is to examine the baseline practices of the archipelagic States and explore the legal effect of invalid archipelagic baselines. This research is a doctrinal legal research. Firstly, the paper begins with an overview of the evolution of the two concepts of archipelagic states and archipelagic baselines. Secondly, the article analyses the provisions outlined under Part IV of the Convention concerning the definition of archipelagic States and the establishment of archipelagic baselines. Next, a comprehensive examination of the current archipelagic baseline practices is presented. The 2023 Mauritius v Maldives Maritime Boundary Delimitation Case is also analysed where necessary in order to identify any new jurisprudence which can facilitate the clarification of the archipelagic baseline rules. It is observed that international courts or tribunals examine the entitlement of a State to its archipelagic status and the validity of its archipelagic baselines solely in instances where these matters are directly pertinent to the case at hand. The article finds that there are now 23 archipelagic States, out of which 15 States completely adhere to the archipelagic baseline rules, including 4 States that have accurately revised their archipelagic baselines.
Mauritius v Maldives Maritime Boundary Delimitation Case
Integrating Environmental, Social, and Governance (ESG) Considerations into Legal Education
The changing nature of the legal profession has started to recognise the importance of Environmental, Social and Governance (ESG) considerations. The concept of ESG encompasses a broad range of issues, from Environmental sustainability, social justice and corporate governance and ethics. These concerns are taking a central place in the legal practice field. The growing need for lawyers and professionals with knowledge and skills to navigate in these complex areas has started to change the legal education landscape as well. As a result, the inclusion of ESG concepts in legal education has been a shift recently seen in the legal education sector. This doctrinal research aims to explore how legal education providers are adopting ESG into their curriculum and the considering adoption of ESG and its implications demanding a complete re-evaluation of curricular content, pedagogical approaches and overall objectives for Islamic University of Maldives in training future legal professionals.
Environmental, Social and Governance (ESG)
The Perplexities of Law, Culture and Religion Towards the Prohibition of Female Circumcision in Nigeria
In whatever name called female circumcision is prohibited by international human rights law, and most particular by all United Nations system. The International legal regime has absolutely elaborated provision toward effective prohibition of female circumcision. Nigeria has signed and ratified almost all human rights instruments and acceded to all commitment towards eradicating this global malaise. Towards this end Nigeria has enacted Violence against person (prohibition) Act, 2015 with a view of eliminating the practice of female circumcision. Thus, in spite of the promulgation of the VAPP Act 2015 the practice of female circumcision persisted unabated largely due to traditional and cultural factors on one hand and due to religious connotation of the practice on the other hand. The perplexities are the triple application side by side of enacted legislations, Islamic law and native law and customs of over 250 ethnic groups in Nigeria. Therefore, the legal prohibition is drastically ineffective and inadequate due to other factors, which includes the non-inclusion of the adherents of the practice in sourcing and developing the legal prohibition. Consequently, Nigeria has failed to meet its due diligence obligations. This paper therefore adopts doctrinal research methodology in reaching its conclusions and had administer some interview according to purposive sampling model to some identified respondents to dig and obtained some silent but insightful information. The paper found among other things that people are largely unaware of the prohibition of female circumcision, and there is no national legislation toward its prohibition.
Piracy, Armed Robbery at Sea, and Hirabah: An Islamic Law Perspective
This paper addresses two major issues. First, it evaluates Hirabah as one of the hudud crimes in Islamic criminal law. Hirabah is an act of violence that transgress the rights of a person. The victim in this act is not limited to the victims who are the subject of violence but to public in general. The act of hirabah has made the public to live in fear, if not for a long time but perhaps for some time. Hirabah is not limited to armed robbery such as bank robbery, but it can be extended to the sea such as piracy. It can also occur on the air such as hijacking an airplane. In other words, the crime of hirabah is wide, in terms of place, time and act. The keyword for the act of hirabah is fear. The discussion on the requirements or elements to constitute hirabah, the conditions of the Muharib (the person who commits hirabah), exceptional cases, punishments as well as juristic views on issues related to this crime will be discussed. This paper also analyses if the extent of two crimes, piracy and armed robbery at sea, are to be categorised as Hirabah. The paper concludes by recommending policies and mechanisms to overcome hirabah.
Strengthening Environmental Legislation in Sierra Leone: Addressing Environmental Crimes and Promoting Sustainable Development
Sierra Leone faces an environmental crisis due to inadequate legislation leading to environmental crimes such as illegal mining, timber logging, and waste dumping. These challenges have detrimental effects on the environment, public health, and sustainable development. The current legal framework, including the Mines and Minerals Act of 2009 and the Environmental Protection Agency Act of 2008, falls short of addressing these issues effectively. This study emphasizes the urgent need to strengthen environmental legislation in Sierra Leone. Through library studies and content analyses of international conventions, statutes, and legislations, the study suggests that a strong legal framework can be developed to mitigate environmental degradation, health crisis, and deteriorating living conditions. Robust enforcement mechanisms and institutional transparency are crucial to investigate and prosecute environmental crimes. The consequences of the regulatory gap are profound, with mining companies operating without accountability, leading to environmental degradation and community displacement. Improper waste disposal worsens health issues. Lack of transparency in political institutions undermines enforcement, leaving affected communities with diminished quality of life and uncertain resettlement status. Prioritizing strengthening environmental legislation will safeguard communities, preserve natural resources, and foster a healthier and sustainable future. Efforts must include effective investigation and prosecution of environmental crimes, transparency, and public participation. Sierra Leone can overcome the environmental crisis and progress towards sustainable development by establishing a more robust and accountable legal and regulatory framework.