Right to Sexual and Reproductive Health Education 2016
Further, religious beliefs were cited as another reason why unregistered
marriages take place. Even though they are few in number, there are some
religious groups among the community who believed that registering a
marriage through the courts is not necessary for a marriage to be legal
according to Islamic teachings.
The Maldivian Constitution, in accordance with the Child Rights Act of
Maldives 9/91 and CRC, states that individuals below the age of 18 are
children. The minimum age requirement for a person to get married is stated
as 18 years in The Family Act of Maldives. In the circumstances where a person
who has not completed 18 years of age makes an application to marry, the
decision is left at the discretion of the Registrar of Marriages. Before any such
marriage can take place, the registrar at the Family Court needs to evaluate
whether the child in question is mentally and physically ready for a marriage
based on whether he or she has attained puberty, has the competence to
maintain a livelihood and also on the reasons for contracting the marriage.48
However, it was evident from the FGDs that some religious fundamentalists
might disregard this as it contradicts with the Islamic Sharia which states that
a girl has reached a marriageable age once she has reached puberty.
Therefore, there may be cases where some may think it is acceptable to get
married without registration through the courts.
Likewise, some participants discussed that it was also a common phenomenon
among some Maldivian men to travel abroad in order to have a second
marriage. According to the participants this usually happened when the men
wanted to get married without the consent or knowledge of his first wife.
Islamic sharia gives a man the right to have four wives given that they fulfill
48
Family Act, 2004.
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THEMATIC ANALYSIS