The reconciliation process in divorce cases in Maldives : challenges and reforms

Abstract

High divorce rate is one of the foremost concerns in Maldives that also has an adverse effect on the family dynamics and overall economy of the country. However, the general perception of the society towards family issues and divorce is considered to be a personal affair of the family rather than a social issue. One of the reasons is that divorce proceedings in the Maldives are facile due to the fact that the Maldives has an inefficient legal system when it comes to marriage and divorce, unlike many other countries where the procedures are immensely thorough, long and costly. Though Maldivian family law stipulates that reconciliation must be adapted to save marriages, it is not as effective as it should be because it is not regulated and handled in a systematic manner. The consequence of its ineffectiveness shows that there is a yearly increment in the divorce rate of the country. Additionally, the ineffectiveness of the current reconciliation process in the Family Court creates additional facets to this problem. To overcome this worrying situation which could damage an immense number of families in the country, it is extremely important to come up with a proper legal framework, well established structure for reconciliation and Sulh for family disputes. Therefore, one of the objectives of this research was to study and examine the best practices of other jurisdictions that practice Islamic law; and to identify the suitability as well as feasibility of incorporating those best practices into the Maldivian system. In this regard, Malaysia and Singapore models of reconciliation and Sulh processes were thoroughly analysed. The study inferred that a proper institutionalized reconciliation and Sulh process needs to be adopted that will ensure the efficiency and effectiveness of the reconciliation and Sulh procedures. Hence, from the outcome of this study, the hypothesis that the researcher intended to prove was that a well-established process of reconciliation and Sulh process would lead to lowering the divorce rate in Maldives to acceptable levels. The thesis adopted qualitative methods of analyses which included both doctorial and non-doctorial legal research. Data was collected from judges, social workers, and mediators from the Family Court, magistrates from nearby islands and individuals from divorce cases. In-depth interviews (with open ended questions) were conducted by direct interaction with the participants. This aided in the comprehension of human behaviour over a period of time. The interviews were recorded using an electronic voice recorder which were then transcribed and translated into English. This research found that the performance of governing bodies was substandard, owed to inadequate catering of marriage-related issues in Maldives. Based on the results, the researcher proposed a structure for the dispute resolution mechanism as well as a modified legal framework of reconciliation and mediation in family disputes in Maldives. Therefore, these recommendations were put forward in order to address the issue of high divorce rates in the Maldives and enable policy makers to incorporate it in the existing system, to minimize divorce rates in the country and opt for reconciliation as an alternative prior to juridical proceedings.