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The judicial system of Maldives operates under a distinctive type of law which blends Sharia Law and British Common Law. However, the procedures and courts used in litigation are similar to those around the world. Litigation can be undertaken against private parties or government entities in Maldives. English is used as the language in commercial cases whereas the local language, Dhivehi, usually used in domestic cases.
There can be many occasions where you may require a lawyer for litigation in the Maldives. If you are involved in a business dispute or a civil lawsuit, such as breach of contract, property disputes, employment issues, land disputes, construction disputes, or personal injury claims, a lawyer can help protect your interests. Additionally, if you are accused of a crime or facing charges, a lawyer can help you understand your rights and guide you through the legal process. Lawyers are also crucial for understanding complex Maldivian laws that mix various legal principles and navigating the often complicated legal proceedings in the courts.
Key aspects of local laws relevant to litigation in Maldives involve the Civil Procedure Code and the Penal Code. The Civil Procedure Code governs how civil litigation cases are handled, including rules for presenting cases in court, examining witnesses, and appealing decisions. The Penal Code outlines criminal laws and penalties in Maldives. Maldivian law stipulates certain acts as 'hadd' offences, crimes against Sharia law with specific penalties. It is important to understand these local laws as they govern the litigation process.
The duration of the litigation process in the Maldives varies based on the complexity of the case, the court's schedule, and other factors. It could take several months or even years.
Yes, foreigners can litigate in the Maldives. However, they are recommended to hire local representation due to the language and legal complexity of the Maldivian judicial system.
Yes, decisions in the civil and criminal courts can be appealed to higher courts in accordance with the relevant procedural laws of Maldives.
You should immediately seek legal counsel to guide you through the legal process. Do not make any statements to law enforcement without a lawyer present.
Yes, in many cases, lawsuits can be settled outside of court through negotiation, mediation or arbitration, which often results in quicker resolution and cost savings.
While it is technically possible to represent yourself, it is not recommended due to the complexities and nuances of Maldivian law. Having a lawyer can help you understand and navigate the legal process.
In most cases, the proceedings in commercial cases will be conducted in English. However, proceedings in domestic cases are likely to be conducted in Dhivehi.
Generally, punishments for civil disputes involve financial penalties, such as fines or compensation. However, depending on the specifics of the case, criminal charges could also arise from a civil dispute leading to potential jail time.
"Hadd" offences are crimes against Sharia law, which have specific penalties in the Maldives. Examples of such crimes include theft, murder, and adultery.
The state provides legal aid services to those who are unable to afford a lawyer.
The Capital Market Development Authority (CMDA) and the Ministry of Economic Development are excellent resources for information on business regulations and disputes. To understand more about the Maldivian court system, you can refer to the Department of Judicial Administration. For more specific legal advice, it is recommended to hire a lawyer.
If you need legal assistance in litigation in the Maldives, your first step should be to hire a local lawyer who understands the laws and court procedures. Prepare all relevant information and documentation about your case and discuss it with your lawyer. The lawyer will then guide you through the litigation process, represent you in court, and advise you on the best way to proceed. If you cannot afford a lawyer, reach out to the state legal aid services.
