Maldives: polygyny and divorce under the Family Act 2000

1Applicable law

The Maldives is an Islamic republic. Islam is the state religion, and the 2008 Constitution requires citizens to be Muslim (article to be verified). Family law is codified and applies to all marriages involving Maldivian citizens:

• Family Act, Act No. 4/2000: passed 21 December 2000 and in force 1 July 2001 (s.74). It repealed Act 3/80 (s.75).
• First Amendment, Act 11/2013: amended s.72 and s.73 (rule-making power and interpretation).
• Second Amendment, Act 9/2016: amended the provisions on prenuptial agreements (s.11), division of jointly acquired matrimonial property (s.32) and maintenance (s.35).
• Family Regulation 2001 and the Family Court Regulation 2011, as well as amendments to the regulations by the Supreme Court in 2016 (wali hakim and underage marriage).
• Child Rights Protection Act 19/2019 (s.25) and the Gender Equality Act 18/2016.

The Act applies the principles of “Islamic Shariah”. The Shafi'i school is the traditional school of the Maldives.

2Marriage contract and registration

• The marriage contract may be concluded only by a Judicial Mauzun (authorised marriage officiant), with offer and acceptance (ijab and kabul) before a wali (guardian) and two witnesses (s.3).
• Registrar's approval. No marriage may be solemnised without the approval of the Registrar of Marriages (s.14). Both parties apply at least 7 days before the marriage contract (s.15).
• Minimum age of 18 years. The original section 4(b) gave the Registrar discretion to approve underage marriages. Since the Child Rights Protection Act 19/2019 (s.25) came into force on 20 February 2020, the age of 18 has been an absolute limit with no exceptions (Musawah 2022).
• Compulsory registration (s.19). A marriage contrary to the Act cannot be registered (s.19(b)). Failure to apply for registration is an offence with a fine of MVR 1,000 (s.62).
• Marrying abroad. Maldivians must apply for registration at a Maldivian mission within 2 months. If there is no mission in that country, the application is made in the Maldives within 6 months (s.22).
• Marriage to a foreigner requires additional conditions. A foreign man wishing to marry a Maldivian woman must prove financial capacity (s.16) and make a written declaration (s.17).

3Polygyny: approval of the Registrar of Marriages (s.12)

Section 12 of the Family Act provides:

(a) A polygynous marriage may be contracted only after approval by the Registrar of Marriages, following an application by the man who wishes to do so. (b) It may be approved after considering the man's financial capacity to support his wives and other dependants, and if the reasons for the marriage, based on the principles of Islamic Shariah, are accepted by the Registrar.

Implementation details:

• The Registrar of Marriages is based at the Family Court in Malé. On the islands, marriages are solemnised at the Magistrate Courts.
• An income threshold of MVR 15,000 a month (about USD 973) is set in the Family Court Regulation 2011 (s.116(a-2) and s.117(c)). Section 116(d) of the same regulation still gives the court discretion.
• Supreme Court Circular 2019/03/SC (29 July 2019) requires the courts to check whether the husband actually supports his existing wife and children, and to take the first wife's statement before registering a polygynous marriage.
• The first wife's consent is not required by the Act. The wife's statement is used to assess maintenance.

4Penalties and related offences

5Divorce and the world's highest divorce rate

• Talaq through the court. A husband may divorce his wife only with a judge's permission after filing an application (s.23). If the wife wants to remain married, the matter is referred to the reconciliation section (s.25).
• A triple talaq in one pronouncement counts as one (s.29), in line with the view of some scholars rather than the majority view of the four schools.
• Wife's application. A wife may apply for divorce on certain grounds such as cruelty or conduct that damages her dignity (s.24). Judicial dissolution (fasakh) is decided without reconciliation on six grounds, including the husband being missing for more than a year, failure to provide maintenance for three consecutive months after two court orders, impotence, insanity for two years, and a contagious disease with no cure yet (s.28).
• Jointly acquired matrimonial property (harta sepencarian). The court may divide property equitably before granting permission to divorce (s.32, amended 2016).
• Registration of divorce in the Register of Divorces (s.31).

Statistics. Guinness World Records lists the Maldives with 10.97 divorces per 1,000 inhabitants a year, about twice the second country (Belarus). In 2012, the Department of National Planning recorded 5,699 marriages and 3,011 divorces. In 2013, the Malé Family Court handled 784 divorce cases: 360 out-of-court divorces registered and 262 applications by wives (Maldives Independent, 2014).

6Polygyny statistics

• In 2018, 196 polygynous marriages were registered: 112 by the Malé Family Court and 84 by island Magistrate Courts (Maldives Independent, 2019).
• In 1998, 59 polygynous marriages were recorded. A report in 2020 mentioned many unregistered polygynous marriages outside the capital (to be verified, secondary source).
• By comparison, the private-sector minimum wage in 2022 was reported as MVR 5,265 a month, far below the MVR 15,000 threshold (to be verified).

7Courts and authorities

8What Malaysians / foreign nationals need to know

• Two layers of permission. A Malaysian man wishing to enter a polygynous marriage with a Maldivian woman needs the permission of his state Syariah Court and the approval of the Maldives Registrar of Marriages. The Registrar will assess financial capacity (s.12 and s.16). See cross-border marriage.
• Tourists cannot simply get married. The Act regulates marriages involving Maldivian citizens. Resort “wedding” ceremonies for foreign couples are usually not registered under the Family Act (to be verified for particular cases).
• Do not divorce outside court. A talaq pronounced without a judge's permission is an offence (s.67). It must be reported and registered.
• Register in Malaysia. A marriage in the Maldives must be re-registered with the state religious affairs office after returning.

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