Drafting a Criminal Code for the Maldives
By Paul
Recently some controversy has been brewing with regard to a decision by the University of Pennsylvania’s Law School’s Professor Paul Robinson to cancel his “Criminal Law Theory Seminar” and replace it with the three-credit Maldive project:
“The seminar will revolve around a single project: drafting a new criminal code for the Maldives. The work has been requested by the Maldivian government and is sponsored by the United Nations Development Program. Because the Maldives is by constitutional mandate an Islamic nation and, as a matter of law, all citizens are Muslim, the code will be the world’s first criminal code of modern format that is based upon the principles of Shari‘a.
After studying the existing Maldivian criminal law statutes and the criminal law principles contained in Shari’a, student teams will propose criminal code provisions and critique the proposals of others”.
Daniel Pipes and the blogger at LittleGreenFootballs (both of them are noted for their hatred of Islam) have been critical of Professor Paul Robinson’s consulting work. He defends his work saying:
I do criminal code consulting for many countries. A few days ago, one client, China, beheaded a person for embezzlement. (Worse than anything the Maldivians have done.) Should I now refuse to advise them further on what I think a criminal code should look like? Your strategy of willful disengagement seems an odd way of bringing greater justice to the world.The Maldivians are in the midst great social change. A special parliament called to draft a new constitution met for the first time two days ago; disagreements among the members spilled into demonstrations in the streets…
I do not know how the Maldivian criminal code project will turn out. Like many criminal code projects, it may go nowhere. I have no power other than the persuasiveness of my advice, which, experience tells, is often limited. But is it an enterprise worth undertaking? I would think it shameful to decline.
Here is a Maldivian opposition group alleging the UNDP’s support in assisting human rights abuses in the country and a recent case illustrating the state of the criminal justice system in the country:
Criminal court says case against parliament speaker cannot be looked intoFor an overview of the current system see the article. It will be interesting to hear from other heavy weight lawyer bloggers on the web: I mean those at the Volokh Conspiracy, Crescat Sententia, Legal Theory Blog, and Punishment Theory amongst others.
…Referring to the Justice Ministry’s Circular 98/3, a criminal case has to be investigated, and has to be forwarded to the Criminal Court by the Attorney General’s Office, the court said in a press release. The court said that a criminal case filed by an individual cannot be looked into by the court…
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