made).Furthermore, it also drew attention to the fact that there was limited knowledge
in finance, management, loan process and terms especially in the island communities.97
Recommendations
• Establish a mechanism to manage and effectively coordinate service provision and
information relating to social protection.
Article 15 & 16: Law, Marriage and Family
Concluding Observation: Law reform in Family Law and comparative jurisprudence on the
interpretations of Islamic Law (CO2007/3, para. 36 & 37)
82. All marriages in Maldives need to be registered with the courts and out of court
marriages are not legally recognized. However there are reports of unregistered
marriages encouraged by some religious scholars claiming that registering marriages
with the courts is un‐Islamic and unnecessary. 98,99 HRCM in its monitoring visits also
found that there were some marriages that were not registered with the Courts. State
institutions acknowledge this information and raised concerns that children born to
such marriages could face serious legal issues and difficulties in accessing their
fundamental rights and freedoms. Similarly, women in such marriages are bound to face
social and legal consequences.100
83. The committee recommended withdrawing reservations to Article 16 on revisions to the
law on marriage and family relations (CO_2007/3, para. 12). Government has agreed to
remove the reservation to Article 16. 1(a)(b)(e)(g)(h) and 2 of CEDAW, however, it has
not been finalised yet.101 While matters relating to gender equality as applied to family
and marriage laws are based on Sharia, MLG informed HRCM that it is exploring
possibilities of removing reservation to parts of Article 16 in harmony with Islam and
Sharia.
Recommendations
• Take appropriate measures to deal with extreme ideologies and practices which
can lead to cultural and societal problems.
• Remove reservation from Article 16
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