Islam became the official religion of the state of the Maldives with the conversion of King Theemuge Mahaakalaminjaa into the imported faith in 1153 A.D. As mentioned before the earliest documentary evidence of the Maldivian history of this period is the Isdhoo Loamaafaanu. This document refers to a "" and an "". It can be easily concluded that the present noun given to a judge in the Dhivehi language, "" is an evolved version of ‘padiyaaru. It can also be argued that the Dhivehi noun for Supreme Judge, "" is a developed version of "". The ", the judge, was an esteemed and respected leader of the society. This can be understood from the references in the Isdhoo Loamaafaanu. ‘Handhaanaai Thaareekhah Takai Dhivehi Raajje’ has the following words to say, “the nobles listed as testifiers in the Isdhoo Loamaafaanu were people of high
caste in the society. The powerfulness of the judges can be understood from an incident recorded in the Isdhoo Loamaafaanu. According to this report the judges issued orders for some
Buddhist monks of Isdhoo to be brought to Male’ and beheaded. The orders also included a commandment to demolish a monastery in the same island. According to the report these orders were executed as directed by the judges. The reports in the Isdhoo Loamaafaanu also indicate that the judges did not meddle with other political affairs of the state. This fact does not mean that the judiciary was an independent institution in the political organization of the Maldives. But the institution involved in the administration of justice was a completely specialized institution, with the judges concerned only about their task as judicial officials. The same document also refers to an official called ‘dhandanaayaka’ who was responsible for “implementing and executing the judgments and decisions of the judges.” The above references show that during the first century of the Islamic era of the Maldives, there were judges who were specialized in administering justice and that there were special officials who were responsible for implementing the judgments of them. The judiciary of the Maldives was a separate institution in the political organization of the country. As aforementioned, according to the Isdhoo Loamaafaanu, a set of customs called ‘poorube roodin’ was implemented as law in the country before the coming of Islam. From the same source and later historical records it is clear that after Islam the Islamic
Shari’ah gradually became the main source of laws in the country. However, many years after Islam, the ‘poorube roodin’ still played an important part in the judicial system. Historical sources also say that the king was himself an authority. His decrees were treated as law and were implemented through the judicial system. During the first century after Islam the judiciary, therefore, underwent a radical change, with a completely alien system of law being introduced. The years which followed saw the operation of three main sources of law in the country, namely, the Islamic Shari’ah, the decrees of the King and customs. Since Islamic Shari’ah was introduced gradually, it caused the rules of Shari’ah to be altered by local customs. The Islamic Shari’ah was never implemented in the country in its complete and pure form. One example is in the dress code of the Maldivian women. Although the Shari’ah has specific commandments on this matter, accounts of Historians like Ibn Batuta, and François Pyrard show that these commandments were not implemented in medieval times. As for the duties of the judges, they were required to be thorough with both the Shari’ah laws and also the ‘poorube roodin.’ “Therefore,...the judge in the country was a scholar of not only Islamic law. He was also well versed in the customs and traditions of the Maldivian society.” While writing about the history of the Maldives during the period of Ninth-Twelfth centuries,
H. C. P. Bell quotes from the famous Arab traveler-geologist
Al Idrisi (1099–1186), “His (the King's) wife administers justice…” Was the queen the highest authority of administering justice from the beginning of political organization? After Islam did the queen rise to that position in the political arena of the country? Did that particular queen have an extraordinary influence on the administration of the state? There is not enough evidence to make a conclusion on this point. What is known is that no mention is made of a queen being the highest authority in administering justice in the country in any other document or in folk evidence. The great traveler
Abu Abdullah Muhammad, commonly called ‘Ibn Batuta’, visited the Maldives in 1343 A.C. In his records he writes as follows: “They call the judge by the name of ‘fandiyaaru kaloa.” They go to the ‘fandiyaaru kaloa’ to settle all their disputes. He is the most highly esteemed and respected person among them. His orders were like the decrees of the King himself, or even stronger. He sits on a special carpet in the palace while hearing cases. He would own three islands, and the income generated by these islands would be his income.” From the above quotation it can be understood how powerful the judge was in the political organisation of the country. This conclusion is further strengthened by the following statements: “When I married this lady (the daughter of Suleimaan Meynaa Wazeer), the Wazeer forced me to become the Judge. … There are no(t as) many big conflicts in this country as we have in our lands. The first evil custom which I abolished as a judge was the custom of women remaining with their husbands after they had been divorced. … I completely uprooted this custom.” Besides this account, Ibn Batuta also tells us about certain unislamic customs that he abolished by issuing rulings. We can assume that these judicial rulings should have been implemented by the ‘dhandanaayaka’ or some other officials who were in charge of implementing such rulings. Ibn Batuta had written reports about the procedure of trial also. “If two people are to be brought before the judge, they would be ordered to do so in writing. When this order was issued the parties should present themselves before the judge as directed. If anyone failed to do so, he would be duly punished.” Ibn Batuta further says that if a person did not want to, or could not be present before the judge, he could send someone to represent him. If the defendant was able to use a representative to speak on his behalf, it possibly means that the practice of lawyers representing their clients was there in the Maldives during those days in some form. According to Ibn Batuta, when the King felt that a case was to be reconsidered (perhaps on appeal) then the case would be tried again in the presence of the King and three ‘bodu beykalun’, by the Uthu Fandiyaaru (perhaps the Supreme Judge) and a ‘Bodu Naaibu’ or a Qaadhi. This report makes it clear that there was a kind of an appeal system also. The main points of note from the accounts of Ibn Batuta: • The judge was independent to issue verdicts of disputes as he deemed fit, and the only authority that could challenge his decision was the king. • The procedure involved in hearings was systematic. • The parties involved in a conflict might use a representative to speak before the judge on behalf of him. • A case might be appealed in some situations. The judicial system of the Maldives was developing and evolving. It may be incorrect to say that the system was a highly efficient system during this time. But then, the reason was that the Maldivian society was lacking a proper education system and an efficient social structure. Also, the fact that the population was divided between a number of islands, with each island having a group of few hundred people was a significant factor. As a proverb says, necessity is the mother of invention, and there was never a necessity for a highly complex and comprehensive judicial system to evolve. Some people may argue that the political supremacy of the monarchy also prevented a judicial system to developing into a highly efficient and independent political body. François Pyrard, another foreign writer who has given considerable accounts of the Maldivian judiciary came to the country in 1602 A.C., about four centuries after Ibn Batuta. Unlike Ibn Batuta, Pyrard shed light on the judicial operations in the atolls also. He says that “each atoll is a separate province. The person in charge of each atoll is called a ‘Bodu Naa’ibu’. These Bodu Naa’ibs are the leaders of the provinces. He is responsible for implementing the religious laws. He has an obligation to manage the education system as well as the legal affairs. And he is over the other Naa’ibs in the province. “Since the Naa’ib is the absolute dictator over his province, he is responsible for deciding both criminal and civil matters. If someone wants to file a case he has to meet the Naa’ib.” The following paragraph may be a very comprehensive description of the
hierarchy of the Maldivian judiciary during the time of Pyrard. He says; “There are no judges in the Maldives. Except for Male, the laws and religious hukm are implemented in the islands by the aforementioned 13 Naa’ibs, Katheeb (a chief who run the administrative affairs of each island) and Mudims (
Imams who are managing the
mosques). There is a leader who is above these officials in Male. This person would always be someone very close to the King. He is known as ‘fandiyaaraa.’ He is the royal judge. If a person is not happy with a decision made by a Naa’ib in an atoll, he has the right to appeal to the fandiyaaru in Male’. It is the same in both civil and criminal cases. The fandiyaaru would seek the consultation of the Naa’ibs when deciding the case. … a person may appeal to the King also, if he is not satisfied with the decision of the fandiyaaru. Such cases would be considered by the ‘ha beykalun’ (six nobles who are regarded as the closest advisors of the King”). So when Pyrard came to the Maldives, the judicial system was operative throughout the country as a coordinated and unified system. Pyrard says that there were no judges in the Maldives. But obviously he is mistaken on this point. Even though the Naa’ibs in the atolls were not judges, the fandiyaaru was a judge. The difference between a judge and a fandiyaaru is only of name. His reasoning may be that the Naa’ibs who carried out the functions of administering justice was also the executive heads of the atolls. The account clearly says that in the judicial system of the country, there was a hierarchy of which the topmost official was the fandiyaaru. Under his authority were the Naa’ibs and other officials who implemented the judgments of the judiciary. Pyrard also speaks about the procedure involved in trying a case. “they call a complain(t) ‘sakuvaa’. The hearing would be held at the residence of the Naa’ib in the atolls, and in the residence of the fandiyaaru, if it is in Male’. And sometimes important cases might be tried in the King’s palace also. If someone wants to file a case, he should speak to the Naa’ib. Then the Naa’ib would send his dheyvaani (an official who executes the decisions of the Naa’ib) to bring the defendant. If the defendant is not present in the island, then the order would be forwarded to the Bodu Naa’ib of the atoll. If the defendant is not present in the atoll, then matter is out of the Naa’ib’s power and the fandiyaaru has to intervene. The fandiyaaru has the power to order the summoning of any person in any area of the country.” Pyrard also has the following statements to make; “if one of the parties involved in a case is not satisfied with the fandiyaaru who decided the case, he may appeal to the King. The King would, then, appoint new judges to reconsider the case all over again.” About the supreme authority of justice in the country, Pyrard says: “the people who know the laws in that country are the judges. Administering justice is a duty on them. However, the Supreme Judge, who is above them all, is the King himself. He is the person who orders for the implementation of judgments. The king, therefore, has the power of life and death over the people. Appeals are made to the king. If he decides that a particular case is to be reconsidered, he may order that to be done to a judge or a religious scholar or any other royal official. Generally speaking, the king has the power to make decisions in all affairs, as he wishes, without consulting anybody. So he conducts the affairs of the country as he deems fit. Sometimes he appears in the form of an inhuman
despot, and that is normally in cases where a hardcore criminal from a poor family is concerned.” In 1834 A.C. Lieutenant W. Christopher wrote about the judicial system of the Maldives. “Fandiyaaraa is the highest authority after the King. He is the most highly esteemed and respected person among the public. He has two main responsibilities; namely, administering the religious affairs and heading all the judges. The fandiyaaraa who is the religious leader of the community is the person whom the people love and revere with all their hearts. They believe that he is the best person among them both in religious and legal education. As the fandiyaaraa would always be a person who knows Arabic, it is he who takes the burden of teaching them the Qur’an and its meaning. There are many Naa’ibs and Khateebs under him.” The scope of the duties of the fandiyaaraa had been widening since the time of Pyrard. Authors like Ibn Batuta and Pyrard also emphasized that the judges were, at least to some extent, the religious leaders. However, the writings of Christopher goes on to state clearly that the fandiyaaraa was the religious leader as well. Then came the visit of
Harry Charles Purvis Bell, in 1921. Bell said that “the fandiyaaru always had a great influence both on the affairs of the common people and on the affairs of the state. As the history of the Maldives testifies, the fandiyaaraa is always a person who was capable of exerting influence on the political, internal, and external affairs of the state. He is respected by everyone alike, from the King himself to the laymen.” • After Islam, judges appeared as authorities who were responsible for implementing the legal system, which was composed of the Islamic Shari’ah, customs and traditions and the decrees of the King. Later the judges became religious leaders and by the end of the 19th century they were taken not just as administrators of justice but also as religious Imams. • The judiciary was composed of the judges in Male’ and the Bodu Naa’ibs in the Atolls and the Naa’ibs in the islands. The Naa’ib who was the legal authority in each island was at the end of the hierarchy at which he follows the Bodu Naa’ib. The latter is the chief authority of justice for an atoll. The fandiyaaru is at the top of the hierarchy and the other two are directly under his control. However, the fandiyaaru is not the ultimate authority in the judiciary. The king always had the final say in all disputes. This had been a feature of the Maldivian Judicial system throughout the known history. • The King, who was the head of the executive was always the head of the judiciary; in no time in the history of the Maldives was the judiciary an independent institution of the state. • Although the judiciary was a specialized institution in the political arena of the Maldives, at no time in the history of the country was there a special building which housed the judicial system. Since the courts are an essential element of a judiciary, one may question on this matter. However, since the palace of the King and the private residence of the Judges and Naa’ibs were used as places where the judiciary came into operation, it may be considered that they were the courts. ==Constitutional period==