The Story of Habil and Qabil

This is a translation of an article by Ibn Katheer.

Allah the Almighty says:

{And (O Muhammad (Peace be upon him» recite to them (the Jews) the story of the two sons of Adam (Habil and Qabil) in truth; when each offered a sacrifice (to Allah), it was accepted from the one but not from the other. The latter said to the former: “I will surely kill you.” The former said: “Verily, Allah accepts only from those who are Al-Muttaqun (the pious).” “If you do stretch your hand against me to kill me, I shall never stretch my hand against you to kill you: for I fear Allah, the Lord of the Alamin (mankind, jinn, and all that exists).” “Verily, I intend to let you draw my sin on yourself as well as yours, then you will be one of the dwellers of the Fire; and that is the recompense of the Zalimin (polytheists and wrong-doers);” So the Nafs (self) of the other (latter one) encouraged him and made fair-seeming to him the murder of his brother; he murdered him and became one of the losers; Then Allah sent a crow who scratched the ground to show him to hide the dead body of his brother; He (the murderer) said: “Woe to me! Am I not even able to be as this crow and to hide the dead body of my brother?” Then he became one of those who regretted}. (Al– Ma’idah, 27-31)

Narrated As-Sadiy on the authority of Abu Malik and Abu Salih after Ibn ‘Abbas (May Allah be pleased with him) and on the authority of Ibn Masud and other Companions that Adam (Peace be upon him) used to get the male brought by one birth married to the female brought by the other. Hence, it was supposed that Abel would get married to Cain’s sister who was better and more beautiful than anyone else. At the same time, Cain wanted to keep her for himself. Adam (Peace be upon him) ordered him to allow’ Abel to marry her, but he totally refused. Then, Adam (Peace be upon him) ordered both (Abel and Cain) to offer a sacrifice to Allah Almighty. Meanwhile, Adam set forth towards Mecca to
perform Pilgrimage. Just before leaving, Adam tried to entrust (the affairs of) his children to the heavens, the earth and finally to the mountains, but all declined to shoulder the (heavy) trust. Thereupon, Cain accepted the trust and after Adam went away they (Abel and Cain) offered their sacrifices to Allah. Abel offered a fat she-goat, while Cain offered a bundle of bad plants. Later, a fire came down from heaven and consumed the sacrifice offered by Abel and left untouched that of Cain. Cain became livid with rage and said to his brother: I will kill you so as not to marry my sister, Abel said: {Verily, Allah accepts only from those who are Al-Muttaqun (the pious)}.

‘Abdullah Ibn `Amr (May Allah be pleased with both of them) said: By Allah! The murdered (Abel) was stronger (than the murderer, Cain), but he refused to stretch his hand against his brother to kill him due to his piety and God-fearing.

Abu Ja`far Al-Baqir mentioned that Adam (Peace be upon him) was present there when they offered their sacrifices. After Abel’s sacrifice was accepted, Cain said to his father, Adam: “It was accepted only from him because you invoked
Allah for his sake.” And, he secretly intended something against his brother. One day, Abel was late and Adam sent Cain to look for him. The two brothers met and Cain said: “Your sacrifice was accepted and mine was not.” Abel said:
“{Verily, Allah accepts only from those who are Al-Muttaqun (the pious)}.” Cain got angry and hit his brother with an iron rod and Abel fell dead at once.

It was said: Cain killed Abel by throwing a rock at his head while he was asleep. It was also said: Cain choked Abel violently and bit him to death as beasts do. However, Abel’s saying when Cain threatened to kill him: {If you do
stretch your hand against me to kill me, I shall never stretch my hand against you to kill you: for I fear Allah, the Lord of the” Alamin (mankind, jinn, and all that exists)} (Al-Ma’idah, 28)
indicated his good morals and ethics, his fear from Allah, and perfect piety that he may harm his brother, in contrast with the odious deed intended by his brother, Cain. For this, Abu Bakrah (May Allah be pleased with him) reported Allah’s Messenger (Peace be upon him) as saying: “‘When two Muslims confront each other and the one amongst them attacks his brother with a weapon, both of them get into HellFire.’ He (Ahnaf, one of the sub-narrators) said: ‘I said, or it was said: Messenger of Allah! It may be the case of one who kills, but what about the slain (why he would be put in Hell-Fire)?’ Thereupon, he (Peace be upon him) said: ‘He also intended to kill his companion. “

Allah the Almighty says: {Verily, I intend to let you draw my sin (on yourself) as well as yours, then you will be one of the denizens of the Fire; and that is the recompense of the Zalimun (polytheists and wrong-doers)}. (Al-Ma’idah, 29) i.e. I do not intend to fight against you though I am myself far stronger and tougher than you are, but you will {draw
my sin on yourself as well as yours}
, i.e. you will bear the sin of murdering me along with your previous sins.

Narrated Imam Ahmed, Abu Dawud and At-Tirmidhi on the authority of Sa’d Ibn Abu Waqqas his statement upon the ordeal of Uthman Ibn Affan that reads: I testify that Allah’s Messenger (Peace be upon him) said: “There will be soon a period of turmoil in which the one who sits will be better than one who stands and the one who stands will be better than one who walks and the one who walks will be better than one who runs.” Someone said: ‘Allah’s Messenger! What
is your opinion if someone entered my home and stretched his hand to kill me?’ Allah’s Messenger (Peace be upon him) said: ‘Be just like the son of Adam (Abel). “
Narrated by Ibn Mardwiyah after Hudhaifah Ibn Al- Yaman in another
wording as saying: “Be just like the best of Adam’s two sons.”

Imam Ahmed transmitted after Muawiyah and Waki their saying: We were told by Al- A mash on the authority of Abdullah Ibn Murrah after Masruq after Abdullah Ibn Masud (May Allah be pleased with him) as saying: The Prophet (Peace be upon him) said, “None (no human being) is killed or murdered (unjustly), but a part of responsibility for the crime is laid on the first son of Adam who invented the tradition of killing (murdering on earth). “ (Ahmed’s Musnad)

However, there is a cave, called the “Blood Cave”, in a mountain located to the northern part of Syria. It is thought to be the scene of the crime where Cain killed his brother Abel. The people living there came to know this through the
People of the Book (Christians and Jews) and only Allah Almighty knows the validity or realness of this. .Al-Hafiz Ibn Asakir mentioned in the biography of Ahmed Ibn Katheer that “He (Ahmed) saw in a dream Allah’s Messenger (Peace be upon him), Abu Bakr,Umar and Abel. Ahmed came to know from Abel -who took an oath of that- it was his own blood (that was spilt there (in that very cave)). Abel said that he had asked Allah Almighty to make the invocations and
supplications offered in that place acceptable. Allah accepted his own invocations and His Messenger, Muhammad (Peace be upon him) believed in that and said: I (Allah’s Messenger), Abu Bakr and `Umar used to visit that place every
Thursday. “However, it is to be stated that this narration represents only a vision. Even if it were true, no religious ruling can ever be based on such a thing; and Allah knows best!

Allah Almighty says: {Then, Allah sent a crow who scratched the ground to show him how to hide the dead body of his brother. He (the murderer) said: “Woe to me! Am I not even able to be as this crow and to hide the dead body of my brother? “Then he became one of those who regretted}. (Al-Ma’idah, 31) Some interpreters said: “After Cain had killed his brother, he carried him on his back for a full year (not knowing what to do with his brother’s corpse!).” Others said: He carried him on his back for one hundred years till Allah Almighty sent two crows who fought against one another. One of them was killed. The murderer scratched the ground to hide the body of the dead crow. Seeing him doing that, Cain said: Woe to me! Am I not even able to do as this crow and to hide the dead body of my brother? Then, he buried the body of his dead brother and covered it with earth.

Historians said: Adam became very sick at heart and felt great sorrow for his dead son, Abel. Mujahid said: Cain was brought punishment very soon afterwards. On the same day he killed his brother, Abel, his foot was tied up to his thighbone and his face was forcibly directed up to the sun disk. His face used to go where the sun goes as a way of punishment and penalty in return for what he had done to his own brother. Allah’s Messenger (Peace be upon him) said: “There is no sin more recurring punishment (very rapidly) in the present life, along with what awaits for its doer in the Hereafter, than transgression and severing the ties of relationship. “

Imam Abu J a’ far mentioned in his Tarikh “History” on the authority of some people who had said: Eve gave birth to forty children through twenty births. Ibn Ishaq viewed the same and he mentioned their names in detail. However,
nothing is sure of their names or numbers. Only Allah knows best and no one else can know their exact number! Others said: there were one hundred and twenty births, in each one a male and a female were born. The first among them were Cain and his sister Qalimah, and the last ones were `Abdul Mughith and his sister Ummul Mughith. Then, humans increased in number and spread into the earth. Allah Almighty says: {O mankind! Be dutiful to your Lord, Who created you from a single person (Adam), and from him (Adam) He created his wife [Hawwa (Eve)], and from them both He created many men and women; and fear Allah through Whom you demand (your mutual rights), and (do not cut the relations of) the wombs (kinship). Surely, Allah is Ever an All-Watcher over you}. (An-Nisa’, 1)

Historians said: Adam did not die till he saw from among his progeny and offspring four hundred thousand persons (400.000). Only Allah knows best!

Allah, the Almighty says: {It is He Who has created you from a single person (Adam), and (then) He has created from him his wife [Hawwa’ (Eve)], in order that he might enjoy the pleasure of living with her. When he had sexual relation with her, she became pregnant and she carried it about lightly. Then when it became heavy, they both invoked Allah, their Lord (saying): “If You give us a Salih (good in every aspect) child, we shall indeed be among the grateful.” But when He gave them a Salih (good in every aspect) child, they ascribed partners to Him (Allah) in that which He has given to them. High be Allah, Exalted above all that they ascribe as partners to Him}. (Al-A’raf, 189, 190) Adam was mentioned first to draw the attention of the reader of the Qur’an, then whom was mentioned second was the whole race of mankind. This is done by way of mentioning the whole race of mankind after mentioning the forefather thereof; Allah the Almighty says: {And indeed We created man (Adam) out of an extract of clay (water and earth). Thereafter We made him (the offspring of Adam) as a Nutfah (mixed drops of the male and female sexual discharge and lodged it) in a safe lodging (Womb of the woman)}. (Al-Mu’minun, 12, 13); and in: {And indeed We have adorned the nearest heaven with lamps, and We have made such lamps (as) missiles to drive away the Shayatin (devils)}. (Al-Mulk, 5) Where it is wellknown that the “lamps as missiles” are not the same as lamps of adornment, but He turned from a single category or person to the whole race.

Adam (Peace be upon him) was. the father of mankind. He was created by the Hand of Allah Who breathed out of His Soul into him, Who made the Angels prostrate themselves before him, Who taught him names of everything, and Who
made him dwell in His spacious Paradise. Narrated Ibn Hibban in his Sahih on the authority of Abu Dharr his saying: “I said, 0 Allah’s Messenger! How many were the Prophets of Allah?’ He (Peace be upon him) said: ‘One hundred twenty four thousands.’ I said: ‘O Allah’s Messenger! How many were the Messengers among them?’ He (Peace be upon him) said: ‘Three hundred and thirteen, a great number!’ I said: ‘O Allah’s Messenger! Who was the first among them? ‘He
(Peace be upon him) said: ‘Adam.’ I said: ‘O Allah’s Messenger! Was he a Prophet sent with a Message?’ He (Peace be upon him) said: ‘Yes, Allah the Almighty created him with His Hand, then, breathed into him out of His Soul, then, He fashioned him (in a very proper manner). “

In the Night Journey Hadith that can be found in the two Sahihs -Al-Bukhari and Muslim -Prophet Muhammad (Peace be upon him) said: “So the gate was opened and we went over the nearest heaven and there we saw a man sitting with some people on his right and some on his left. When he looked towards his right, he laughed and when he looked towards his left he wept. Then he said, ‘Welcome! 0 pious Prophet and pious son!’ I asked Gabriel: ‘Who is he?’ He
replied: ‘He is Adam and the people on his right and left are the souls of his offspring. Those on his right are the people of Paradise and those on his left are the people of Hell and when he looks towards his right he laughs and when he looks towards his left he weeps. ” (Al-Bukhari and Muslim)

Regarding the Prophetic Hadith that reads: “Then, I passed by Yusuf (Joseph) and I found him to be granted half of beauty.” Some scholars explained that it means that he was given half of the beauty Adam was granted. Indeed, this is very suitable and convincing! That Allah, the Almighty created Adam, fashioned him by His Hand and breathed into him out of His Soul, for all these Allah the Almighty must have created the best of all things. It was narrated on the authority of `Abdullah Ibn ‘Umar and’ Abdullah Ibn ‘Amr that: When Allah the Almighty created Paradise, the Angels said: “‘Our Lord! Make this for us for You created for mankind the present world in which they eat and drink.’ Allah the Almighty said: ‘By My Glory and Loftiness! I will not equalize between the pious from among those whom I created with My Hand, and those whom When I said “Be “, they were!” It was narrated in the two Sahihs -Bukhari and Muslim that Abu Hurairah (May Allah be pleased with him) reported Allah’s Messenger (Peace be upon him) as saying: Allah, the Exalted and Glorious created Adam in His own image with His length of sixty cubits, and as He created him He told him to greet that group, and that was a party of angels sitting there, and listen to the response that they give him, for it would form his greeting and that of his offspring. Adam then addressed them: Peace be upon you! They (the angels) said: May there be peace upon you and the Mercy of Allah, and they made an addition of “Mercy of Allah “. So he who would get into Paradise would get in the form of Adam, his length being sixty cubits, then the people who followed him continued to diminish in size up to this day. “(AlBukhari and Muslim)

Reference:
Stories of the Qur’an : Ibn Katheer, Translated by Ali As-Sayed Al- Halawani
http://icorlando.org

Jaahilu Kamakee Bambukeyluge Karugandun Dhulha Bayyah Beyskuraanves Jehidhaa Kamekeve

Miee Al-Marhoom Hussain Solahudeenge liyumakun nakalukohfaivaa liyumekeve.

“Fuvahmulaku faamudheyri kilegefaanunge kariyya Mohamed Didi, fenfushee ganduvaru Ali Didi vaahaka kiyaidhevviyeve.

Bambukeylakee maa ihaku mi raajjeygai hunna ehcheh nooneve. Bambukeyo gas India in Rajje ah furathama gennevee, thimange kaafa kaleygefaanunge bafaikalunnahvi (Kaafage Bappa), Al Sulthan Mohamed Qiyasudeen radhunneve. Mi radhun bambukeyo gas gennavaigen eyge therein gaheh mi rashu (Fuvahmulaku) Dhoondigamu edhuru manikufaanah fonuvvaifieve. Gas genai meehaa edhuru manikufaanuge arihu dhennevi bahakee, radhun vidhaalhuvieve. Miee varah rangalhu ehchekeve. Rangalhu kaanaa akahves fudheyneyeve.

Dhen edhuru manikufaanu mi gas Dhoondigamu edhuru goathin beyru, irumathee faraathugai indhavaigen rangalhah hedhemun annanikoh edhuru manikufaanah dhulha baleege aalaas kanfulheh jehijjeyeve. Mirashu meehunnakee eh’bali dheke maa biruganna bayekeve. Eh’bali jehijje meehaku lai ulheneeves valasheve. Ekamaku edhuru manikufaanuge jaahu bodukamaai meehunnah emanikufaanuge beynun bodukamun valah laan nukeri goatheege irumathee fulhafu kaireegai kuda geyeh alhaafai egeyah laigen edhuru manikufaanuge dharivarun dhanfalhi bahaigen emanikufaanuge arihugai thibetheve.

Mi dhuvasvaru ekkala gahun dhigu ehchehi thakeh nukunnaan fashaifiyeve. Mivaahaka edhuru manikufaanuge arihugai ebaimeehun dhenneveemaa vidhaalhuvieve. Koba nikan thiya genasbalaasheve. Dhen edhuru manikufaanu mi thakethi ballavaafai mithanun dhethin hatharu tholhiyeh vahfohchah koshai fenu kakkaigen kaan ulhe ulhe mibaimeehunge arun ethereyakah miyeh nudhiyaeve. Dhen edhuru manikufaanu vidhaalhuvieve. Thiya thakethi dhen ukaalaasheve. Kommeakas thiyaee faseyhagothakun kevey ehchakah nuveethaaeve.

Dhen mibaimeehun mithakethi ukaalaifaa thibbaa kudadhuvaskolhakun gahugai maa fala zaathuge hayehka ethi nukumegen ebahara boduveyeve. Mi vaahaka dhenneveemaa edhuru manikufaanu vidhaalhuvieve. Aan! Aan! Thiyaige molhu ehchakee thiya nikunnanee thoahchekeve. Dhonvegen vetteyndhen thibeysheve. Mihen vefai ovvai eh reyaku dhanvaru mi gasdhashun ban kiyaafai adeh ivijjeve. Mithaa thibi dhethin kudhin faith birun ekaku anekakah angainves nubune iru araandhen thibejjeve. Iru eri fahun gos beli iru mi ivunu adakee mi gahuga in bodu ehcheh vettigen ais binmatheegai jehunu adu kamugai vejjeve.

Dhen mibaimeehun mi nagaigen ais edhuru manikufaanah dhekkeemaa vidhaalhuvieve. Valhiyakun falhaalabalaasheve. Falhaaleemaa karugandu dhakkavaafai vidhaalhuvieve. Kaanvee ehchakee miothee kamashey vaanee, komme ehchehgeves emme molhu vaanee emme ethereygai onna thaneh viyyaaeve. Dhen mi karugandu nagaigen kudhikudhikoh koshaigen raafoni alhaihen kakkaifieve. Edhuru manikufaanu mi farikkulhuvaifieve. Erey edhuru manikufaanah vee gothakee nulaahiku varah beyrah hingavai vadaigathumeh athuvejjeve. Dhethin dhuvahu beyrah hingavaafai edhuru manikufaanuge aalaaskanfulhu faseyhavaan fashaifiyeve. Mibaimeehun emmen bunefiyeve. Thiya ehchakee varah molhu ehchekeve. Thiyaee dhulha baleege beyheve. Dhen mikan mihen hingi fahun egahugai alhaa ehchakaa meehunneh alhaehnulaeve.

Mihen ethah dhuvaheh veefahun rashugai fenboduve rah thadhuvegen ulhunu dhuvasvrehgai meehun edhuru manikufaanuge arihugai dhannavaifiyeve. Migahun verey thakethi mithaa ulhey muskulhi dhaithayaku gengosgen egoiyh migoiyh hadhaigen kaiboi ebaulheyeve. Eh’ dhaithage geythere varahves thiyaagieve. Dhen edhuru manikufaanu eh’ dhaitha gennavaigen esseveemaa dhenneviyeve. Alhugandu eh reyaku fathihu heekaruvaiganegen mithangandehgai alifaangandeh jahaigen ulhenikoh maa meeru kaa ehchehge vas dhuvaan fesheemaa beli iru eiy migahun vehtifai oiyh ehcheh fiheveneeve. Alhugandu eyge raha beli iru, vee varah meeru kaa ehchakasheve. Dhen alhugandu eh’ ehchehithah geydhoshah gengosgen fihegen fenukakkaigen egoiyh migothah kai ulheythaa kithamme dhuvehekeve.

Dhen eh’ dhaithage kibain edhuru manikufaanu bambukeyo keumuge goiyh thah assavai dhasfulhu kuravvaifieve. Dhen ethah mithaangai bambukeyo gasthah hedhi ginavejjeve. Jaahilu kamakee bambukeyo karun dhulha bayyah beysves kurevey kamekey bunee mihenveve.”

Kafaalaathuge Dhashun Raees Yameen Dhookollevidhaanetha?

Raees Yameen ge vaahaka ihah baavvaasheve. Furathama, kafaalaathakee kobaikan balaalan hingaasheve.

Kaafaalaathu nuvatha bail akee kushehge thuhumathugai ban’dhukohfai hunna meeheh, vaki sharuthakaa eku, faisaa bahattaafai nuvatha meehaku jaaminuvumun dhookollaa dhookollumeve. Miee dhuniyeyge ethah gina gaumehgai amalukuramun anna gaanoonee usoolekeve.

Jinaaee Ijuraa’athuge Qanoon

Qanoon Number 12/2016 (Jinaaee Ijuraataathuge Qanoon) ge 61 vana maahdhaagai bayaankohfai vanee;

Jinaaee Kushehge thuhumathugai ban’dhukurevey meehakee, kafaalaathuge dhashun dhookurevey kushehge thuhumathugai ban’dhukurevifaivaa meehehnama, mi baabugaivaa gothuge mathin kafaalaathuge dhashun ban’dhun dhookohdhinumah court gai edhumuge ikhthiyaaru emeehakah libigenveyeve.

Mi maahdhaain maigan’du 2 kameh eba saafuveyeve. Eiy:

  1. Kafaalaathuge dhashun dhookurevey meehakee “kushehge thuhumathugai” hunna meehakahvumeve. Mihenkamun, hukumkoh jalah laifa thibey meehunnah kafaalaathu libeynekamaai medhu qanoongai vaki gothakah bayaankohfaiveytho balan ithurah jehunee eve.
  2. Kafaalaathuge dhashun dhookureveynee, “Kafaalaathuge dhashun dhookurevey kushehge thuhumathu” emeehehge machah kurevifaa kaumgai vaanamaeve. Mihenkamun, kafaalaathu libey kuh’thakaai, nulibey kuh’thah thafseelvaan jeheykan yageeneve.

Faahaga mi kurevunu 2 nukuthaage therein 1 vana nukuthaa aai, Raees Yameen ge massala aai alhaa kiyaa iru, Raees Yameen akee Criminal Court in, Money Laundering ge dhauvaa saabithuve jalah hukum kohfaivaa faraathekeve. Mihen kamun, mi number ah Raees Yameeneh nufethe eve.

2 vana nukuthaa aai Raees Yameen ge massala aai alhaa kiyaairu, Jinaaee Ijuraathuge Qanoonge 63 vana maahdhaagai kafaalaathuge usoolun dhoo nukureveyne baavathuge kuh’thah bayaankohfai oveme, Raees Yameen ah kohfaivaa hukumakee meege thereygai nuhimeney baavathehge kushehkamun, mi number ah Raees Yameen ge massala fetheyeve.

Meege ithurun, bayaankurevunu 2 nukuthaage aleegai, Raees Yameen eygen 2 vana nukuthaa ah fetheythee, qanoongai Raees Yameenah dhen liben oiyh faruvaa akee kobaikan beli belimun, sharuee hukumehgaivaa evves meehakah kafaalaathuge usoolu nuhingaa kan saafu vegen hingajje eve. Qanoonuge 199 vana maahdhaagai bunanee, kuh’ saabithu nuvaakamah dhashu court in hukum kurumaaeku, Prosecutor Generalge faraathun e’massala High Court gai isthiunaafu kurumun, isthiunaafu muhdhathuge thereygai ban’dhugai behettumuge badhalugai, kushuge thuhumathugaivaa meehaa, kafaalaathuge dhashun dhookollevidhaane kameve.

Mihen kamun Qanoonge eki maahdhaathakah balaairu, kafaalaathu liben othy isve bayaankurevunu qanoonuge 61 vana maadhaagai bayaankuraa 2 nukuthaa furihamavaa faraaiyhthakaai, 199 vana maahdhaa ah fethey haalatheh medhuverivun kamugai vaathee, Jinaaee Ijuraathuge Qanoonge dhashun Raees Yameen ah liben jehey kafaalaatheh onnan vaane kamakah gabooleh nukureve eve.

Miaai eku, dhen ufedhigendhaa suvaalakee, 2018 vana aharu jaluge hukum thanfeezu kuramundhiya, Raees Maumoonaai, Faris Maumoonaai, Qasim Ibrahim, kafaalathuge dhashun dhookollevunee kon usoolakun thoave?

Bayaankurevunu 3 faraathuge massalaigaives, Criminal Court ge hukum, dhauvaa libey faraaiyhthakun High Courtgai isthiunaafu kurumun, mi faraaiyhthakuge ban’dhaaimedhu gotheh kandaelhumah beyvvi shareeathah fahu, High Court in hukum kohfaivanee, High Court gavaaidhuge 67 vana maahdhaage dhashun, mi 3 faraathunves High Court ah hushahalhaafaivaa kankamuge mahchashaai, hukumuge baavathashaai, massalaige vashaigenvaa kankamah riaayaiyh kurumahfahu, massalaigai High Court in vakigotheh kanda alhandhen kafaalaathuge dhashun mi faraaiythah dhookollan amuru kuraa kameve.

High Court Gavaaidhu

Mi 3 haalathah riaayaiyhkoh, High Court gavaaidhuge 67 vana maadhaain High Court ah libidhey baaruge dhashun, Hukum thanfeezukuramundhaa meehehge isthiunaafu massalaehgai bandhaamedhu gotheh kandaelhumah baavvaa shareeathugai, kafaalaathuge dhashun dhookurevidhaane kan isve bayaankurevunu 3 hukumun dheyhakohdheyeve.

Dhen mi balaalanee High Court gavaaidhuge 67 vana maahdhaaeve. E’maahdhaagai vanee;

67. Kuhveri vejje kamah dhashu courtun hukum kohfaivaa meehaku, nuvatha High Court in hin’gaa gaziyyaaehgai kushuge thuhumathugai huri meehaku, High Court in gaboolukuraafadha kafaalaatheh hushahalhaifi nama, High Court in e’massala akaaimedhu nazaru hin’gumuge thereygai, nuvatha shareeaiyh hin’gumuge thereygai, emeehaku dhookoffai behettumakee, High Court ge ikhthiyaarugaivaa kamekeve.

Mi maahdhaagai, mulhi jumla 2 kameh eba faahaga veyeve. Eiy

  1. High Court in gaboolukuraa fadha kafaalaatheh hushahelhun;
  2. Hukum kohfaivaa meehaa dhookurumakee High Court ge ikthiyaaree baarehkamahvun.

Raees Yameenge massala aai, bayaan mi kurevunu 2 nukuthaa aai alhaa kiyaairu, Raees Yameenge faraathun High Court ah hushahalhaafaivaa isthiunaafee nukuthaathakuge thereygai, High Court in gaboolukuraa fadha kafaalaatheh hushahalhaafaivaa kamah High Court ah gaboolu kurevey kamugai vaanama, isthiunaaf massala nimendhen Raees Yameen dhookohfai behettumakee High Court ge ikthiyaarugaivaa kamekeve.

Rauyu

Mi massalaigai alhugandah saafuvaa kamakee, Raees Yameen ah kafaalaathu libumakee, nuvatha Raees Yameen kafaalaathuge dhashun dhookurevumakee High Court ge ikhthiyaarugaivaa kamehkamaai, ekamakee High Court ge ikhthiyaaree baareh kameve. Evves haalehai High Court in Raees Yameen ah kafaalaathu dhinumakee goaheh kamaai, nudhinumakee insaafeh noon kamah belumuge jaagaeh neiyh kamah alhugandah gaboolu kureve eve.

H.Dh Atholhu Councilgai Kulhuduffushi City Mayor Himeneyne!

Qanoon Number 7/2010 (Dhivehi Rajjeyge Idhaaree Dhaairaathah Laamarukazee Usoolun Hin’gumuge Qanoon) in baaru libigen, Kulhuduffuttah City ehge dharaja mivanee libifaeve. Namaves, mihaaru ginabaehge hithuga ufedhifaivaa suvaalakee, Kulhuduffushi, City akah badhaluvumaaeku, H.Dh Atholhuge verikan kuraa rashah vaanee kon rasheh tho aai, verikan kuraa rah badhaluvaane thoaeve.

Laamarukazee Qanoonuge 11 vana maahdhaagai Atholhu Council ekulevigenvaa goiyh bayaankohfai vaa iru, eh maahdhaage (noonu) gai vanee, eh idhaaree dhaairaaehgai city eh himeney nama eh city ehge mayor, Atholhu Council gai himeneynekamah bayaan kohfaeve. Mihenkamun, Kulhuduffushi City akee vaki idhaaree dhaairaa ehkamah belumuge furusatheh netheve. H.Dh Atholhakee idhaaree dhaairaa akah vaa hindhu, eh Atholhuge Atholhu Council gai Kulhuduffushi City ge mayor himenumakee, eh City akee adhives atholhu councilge idhaaraa hunnan jeheyne rah kamugai belumuge furusathu bodeve.

Laamarukazee Qanoonuge 51 vana maahdhaage (Lhaviyani) gai vaa gothun, City ehge dharaja Kulhuduffuttah libunu namaves, H.Dh Atholhuge emmehaa kankameh balahattamun gendhaanee H.Dh Atholhu councilunneve.

Mihen kamun gaboolu kureveny, Kulhuduffushi City Councilge inthikhaabuge ithurun, H.Dh Atholhuge Mayorukamuge inthikhaabugaives Kulhuduffushi rayyithun vote laan jeheynekameve. Sababu saafeve. Kulhuduffushi City himenigen dhany H.Dh Atholhuge therey, eh’ idhaaree dhaairaage thereinneve.

Foarigadha Primary aai eku MDP in Democracy ge Namoonaa akah Thayyaaru

Primary thakakee siyaasee party thakuge ethereyge inthikhaabeve. Namaves, partyge inthikhaabee magaamuthah hovumah baavvaa inthikhaabuthakaa khilaafah, primary akee, kaamiyaabuvumun ehen inthikhaabakah kandaelhey partyge candidate ge gothugai hamajehigen dhaa dhiumeve. Migothun, primary kaamiyaabu kuraa faraathakee inthikhaabuvi faraathekey nukiyaane eve. E’faraathakee aammu inthikhaabehgai partyge faraathun vaadha kurumah kandaelhey candidateve.

Mihaaru, mulhi dhivehi rajjeygai emme adu gadhakoh dhakkaa vaahaka akee MDP Majlis Primaryge vaahakaeve. 200 ethah candidatunneh mulhi jumla 86 dhaairaaehge party ticket kaamiyaabu kuran masakkaiyh fashaafaivaa vaahakaeve. Party in meege dhuvaskolheh kurin majilis inthikhaabugai vaadhakurumah shauguverivaa faraaiyhthakah primarygai vaadha kurumah hulhuvaali furusathugai, 87 dhaairaage therein 86 dhaairaa akah vaadha kurumah candidatun form husha’alhaafai veyeve. Meege therein 10 dhaairaa akun form husha’alhaafaivanee emme faraathakun kamugai vaathee, mi hingaa January mahuge 18 vana dhuvahu, Primary onnaanee 76 dhaairaaehga eve.

Primary gai vaadha kuraa candidatunnakee shakkehves neiyh gothugai MDPge candidatunneve. Adhi mi faraaiyhthakuge masakkathun MDPge dhaftharah ithuru thiyaagi kameh libi 80,000 ah vureh gina membarun MDP gai mihaaru vanee registry vefa eve. Miee rajjeygai siyaasee party thakuge therein emme gina membarun mihaaru vadhefavaa partyeve.

Primary gai vaadhakuraa komme candidate akeeves, democracy ge reethi usooluthakuge therein masakkaiyh kuraa bayakah vumee varah muhimmu kamekeve. Sababee, primary nimumun, kaamiyaabu vaa faraathaaieku masakkaiyh kurumah naakaamiyaabu vaa faraaiyhthakuge eheetherikanves beynunvaanethee eve. Mihen kamun, candidatunge campaign thakugai anti-campaign nukurumaai, zaathee gothun eh candidateh aneh candidate aai mukhaathab nukurumaai, eh candidate eh aneh candidatege campaign aai campaign team ihthiraam kurumakee kommehen kuran jehey kamekeve.

Mi primary MDP ah muhimmuvaa sababakee, rayyithunge majileehuge hurihaa dhaairaa akah kurimathilumah MDPge gaumee majileehun nimmaafai vumaaieku, gina gondithakeh kaamiyaabu kurumah MDP membarun ekathigandakah vegen masakkaiyh kurumah nuhanu beynun vefai vaathee eve. Primary nimumun nimunee eve. Dhen othee kaamiyaabuvi faraathaaieku masakkaiyh kurumeve.

January 18 vaa hukuru dhuvahakee MDP ah muhimmu dhuvahekeve. Dhivehi rajjeyge thaareekhugai siyaasee party ehge primary eh emme thanavaskoh baavvaa dhuvaheve. MDP aai MDP ge membarun democracy ge hayaathugai mulhin ehen manzilakah vaasilu vaane dhuvaheve.

Concept of Justice in Islam

1400 years ago, the almighty Allah (SWA) has sent us our whole mankind, a prophet to teach us the values and importance of our life. Prophet Muhammad (PBUH) taught us how to shape our life with good morals and behavior with the help of Qur’an which was revealed to him from the almighty Allah (SWA). Qur’an hasn’t missed any stage of human acts which they would be practicing since they have born to their death. It includes belief (eemaan), worship (ibadat) ,unitarian (tawhid) and transactions (muamalat). 

The most important element revealed in Qur’an and Prophet Muhammad’s (PBUH) principles (sunnat) is known as jurisprudence (fiqh).

Islamic jurisprudence may be defined as a process by means of which jurists derive sets guidelines, rules and regulations (the Shari’ah) from the principles of the Qur’an and the Sunnah. Over the centuries, these have been formulated and elaborated upon by successive generations of learned jurists, through interpretation, analogy, consensus and disciplined research.While the principles of the Qur’an and the Sunnah are permanent, it is the nature of Islamic jurisprudence to facilitate for human beings the application of those principles to their activities and dealings.

The universality and permanence of Islam as a civilisation are intrinsically linked to the fact that the Qur’an and the Sunnah have introduced general principles and guidelines. These give Muslims the opportunity to develop practical solutions in order to regulate their continuous changing environment. Besides the Qur’an and the Sunnah, the sources of law in Islam are qiyas (analogy), ijma’ (consensus) and ijtihad (disciplined, academic research).

The concept of Justice embodied in Sharia is different from that of secular Western law. In the Islamic worldview, justice denotes placing things in their rightful place.  It also means giving others equal treatment.  In Islam, justice is also a moral virtue and an attribute of human personality, as it is in the Western tradition.  Justice is close to equality in the sense that it creates a state of equilibrium in the distribution of rights and duties, but they are not identical.  Sometimes, justice is achieved through inequality; like in unequal distribution of wealth. Muslims believe the Sharia law has been revealed by God. In Islam, the laws that govern human affairs are just one facet of a universal set of laws governing nature itself.[1]

The Quran, the sacred scripture of Islam, considers justice to be a supreme virtue.  It is a basic objective of Islam to the degree that it stands next in order of priority to belief in God’s exclusive right to worship (Tawheed) and the truth of Muhammad’s prophet hood.

Main Features of Administrative Justice in Islam

Muslims can take just pride in the fact that from the beginning their judicial system was placed on lines that in substance are no different from those of best systems of today. Here is a brief look at some of the main features of administration of justice in Islam.

Supremacy of Law

In Islamic legal system, no ruler and no official can claim to be above the law. No acts, procedures, and decisions of any authority, howsoever high it may be, can be valid and binding as to the people they affect, save to the extent they are in consonance with the laws.[1]

The laws of Islam comprise rules of conduct revealed by God to His Prophet, whereby people are directed to lead their lives. Thus, revelation is the source of Islamic law which is available to us in the form of the Quran and the Sunnah of the Prophet. A unique aspect of Islamic law is that it attributes the authority of making laws to God only. According to Islam, no man or body of men can ever be capable of or allowed to make laws for other men; Allah (SWA) has revealed in Qur’an;

“…. We have bestowed from on high upon thee, step by step, this divine writ, to make everything clear, and to provide guidance ….” – Quran (16:89)

However, where there is no room for the making of new laws, there is also no prohibition on the innovation, extension, and re-interpretation of the existing laws. This very process is denoted by Ijtehad. It is the method of Ijtehad by which God has enabled Muslim jurists to (1) make provisions for the developing circumstances; and (2) prove Islam as a system of life practical for all times. In Islam, unlike the western legal systems, there is no room for the authorities to be immune from the law. Even the head of an Islamic state may be challenged, in both official and private capacity, in the court. Obedience to a ruler for that matter is contingent on his enforcement of Islamic laws. In other words, if the government fulfils the requirements prescribed by the Quran and the Sunnah, its claim to the allegiance of the people becomes absolute.

Equality before Law

The Quran and Sunnah, which are the primary sources of Islamic law, put great emphasis on equality. Consequently, in Islamic legal system there cannot be one law for the ruler and one for the subject; one for the powerful and one for the weak; one for the rich and one for the poor. Government authorities enjoy no special privileges or immunities from the application of law. Even the Prophet of Islam did not consider himself or his family above the law. Instead of claiming any immunity from the law, he laid down the rule that even the head of the state may be challenged, in both official and private capacity, in the court.

Allah revealed in Qur’an:

‘Surely Allah enjoins the doing of justice and the doing of good (to others) and giving to relatives and forbids immorality and bad conduct and oppression. He admonishes you that perhaps you will be reminded’. – (Quran 16:90)

In this verse the Arabic word ‘adl’ has been used which commonly means to dispense justice. Allah (SWA) has Commanded the Muslims to impart justice irrespective of the fact whether the litigants are one’s close relatives or strangers, rich or poor and influential or insignificant. A Muslim is not expected to pass an unfair judgment based on one’s own personal likes or dislikes. The judgment should be completely fair and not influenced by factors such as enmity, animosity; close bond with the litigant or love.

Judicial Impartiality

The Quran says:

“Surely We have revealed the Book to thee with truth that thou may judge between people by means of what Allah has thought thee. And be not one pleading the cause of the dishonest.” (Quran 4:105)

It is agreed that the occasion of the revelation of above-giver verse was a dispute between a Jew and a Muslim, in which the Prophet (SAS) decided against the Muslim. The Muslim, supported by his tribe, had falsely accused the Jew of theft. In a time when help was sorely needed for the defense of Islam, a verdict against a man supported by his tribe meant the loss of tribe. But such considerations did not carry any weight with the Prophet and he cleared the Jew of the charge. Thus, the verse lays down that dishonesty must be punished, and the balance of justice must be held equal between friend and foes and between Muslims and non- Muslims.

The Prophet (SAS) was known for his fair and impartial administration of justice. Along with Muslims, non-Muslims would also come to him for settlement of their disputes and he would adjudicate in accordance with their laws. He strictly observed the Quranic instructions regarding equality before law, and never made any distinction between Litigants on the basis of religion or relations

Judicial Independence

Independence of judiciary is a vital principle of the rule of law. Judiciary has been given a supreme and vast power in Islam. There are no clear and specific instructions in Quran regarding the relations between the state organs in Islam but the conventions of the Prophet (PBUH) provide us with some guiding principles. It shows that the Head of the State is the supreme power in the state. As such he is the Chief executive and the head of the legislature as well as of the judiciary. However, the three departments operate independently and separately from each other under the supervision of the head of the state. He does not interfere in the people’s internal affairs but the final appeal or reference to any matter goes to him. Shafi‘i, Mālkīi and Hunbalī jurists are of the opinion that the appointing authority or caliph has no power to dismiss a Qadhi without any sound reasons. The most conspicuous characteristic of the judiciary set up by the Prophet (PBUH) was its impartiality. The social, political and religious status of any individual never influenced the administration of justice at Madinah. The concept of the independence of the judiciary in Islam has been elaborated by discussing the significance, Islamic ruling and the basic guiding rules for the independence of Judiciary.

The judiciary in the Islamic System enjoys full freedom and work quite independently without being influenced by any quarter. The administration of justice was perfectly equal and the Caliphs set the example of equality by holding themselves amenable to the orders of the legally constituted judges. The judiciary was free in passing judgments. The first Caliph Abu Bakr, his successor Umar bin Khattab, third Caliph Uthman, Ali the fourth Caliph and other companions have all adjudicated cases on the basis of their personal reasoning (Ijtihad). They disagreed with one another, but such disagreements have, on no occasion, affected the validity of their judicial decisions. None of the leading companions have reversed on ground of mere difference of opinion and personal judgment.

A case is cited in particular which occurred during the caliphate of Umar. It is reported that the Caliph was approached by one of the parties in the dispute already adjudicated by two prominent companions Ali bin Abi Talib, and Zayd Ibn Thabit. When the Caliph heard the nature of their decision, he said that had he himself been the judge, he would have decided differently. This remark invoked the response; what is there to stop you? You are the leader; to this Umar replied; Had it been a question of applying the book of Allah and the Sunnah of his Messenger, I would have intervened, but this is not the case and the decision is based on personal opinion in which we all stand on the same footing.(Al Maqdasi,1981: 180). The Caliph thus refused to review a decision, which he thought was based, not on the textual ruling of the Quran or Sunnah, but on juristic construction and personal Ijtihad of competent judges. It is thus concluded that judges are free in their judicial decisions to pass any judgment based on personal Ijtihad, this principle uphold the immunity of Ijtihad against arbitrary intervention and review.

Legal and Court Proceedings

Sharia judicial proceedings have significant differences with other legal traditions, including those in both common law and civil law. Sharia courts traditionally do not rely on lawyers; plaintiffs and defendants represent themselves. Trials are conducted solely by the judge, and there is no jury system (like civil law countries such as Russia and France). There no pre-trial discovery process, and no cross-examination of witnesses. Unlike common law, judges’ verdicts do not set binding precedents under the principle of stare decisis and unlike civil law, Sharia does not utilize formally codified_status-(these were first introduced only in the late 19th century during the decline of the Ottoman Empire,). Instead of precedents and codes, Sharia relies on jurist’s manuals and collections of non-binding legal opinions, or hadith, (ulama, particularly a mufti); these can be made binding for a particular case at the discretion of a judge.

Conclusion

The concept of justice is one of the essential pillars in the maintenance of both the natural and social orders. God, be He Exalted, has said, He has established the scale, therefore, do not transgress in the scale [of justice]. Undertake the measuring with justice and do not cheat concerning the scale.

It is worth remembering that all this was laid down and was scrupulously observed and acted upon more than thirteen hundred years ago. It is greatly to be regretted that some of the high standards set up in Islam have not been uniformly observed during later periods but the eagerness with which Muslims are anxious to re-establish Islamic values is a reassuring augury with regard to the future.

References:

Religion of Islam: http://www.islamreligion.com/articles/376/justice-in-islam/

Eaton, C. L. (n.d.), The book foundation: http://thebook.org/resource/aoi4.html

Hajar, A. I. (1959). Fath al-Bari (Vol. 3). Egypt.

Hajar, A. I. (n.d.). Al-Isabah (Vol. 3). Beirut.

Kamali, M. (n.d.). Freedom, Equality, And Justice In Islam,.

Khan, S. M. (n.d.). The concept of justice in Islam.

Muslim. (n.d.). Sahih Al Muslim (Vol. 8).

Qaradavi, Y. (n.d.). Madkhal li-Darasah al-Sharia al-Islamiyya,.

Qutb, S. (n.d.). Fi Zilal al-Quran, (Vol. 2).

Soname, A. Justice in Islam: http://justicein-islam.blogspot.com/2013/03/equality-before-law-in-islam.html

Us-Saliheen, R. (n.d.).

 

Supreme Courtge Nimmumeh Thanfeezu Nukuraan Kandaelhidhaanetha?

Dhivehi Jumhooriyyaage Qanoon Asaaseege 145 vana maahdhaage (Noonu) gaivaa gothun Supreme Courtge nimmumakee emme fahuge nimmumeve. Mihen kamun, Supreme Court in nimmaa nimmumeh, ehen faraathakah badhalukurumeh, mashvaraa kurumeh, lafaahoadhumeh netheve. Supreme Courtge amurakun sarukaaru nuvatha dhaulathuge idhaaraathakah mathikoh, kameh kurumah nuvathah nukurumah amrurukohfaivaanama eh amureh thanfeezu kurumakee bayaankohfaivaa idhaaraathah nuvatha musassasaa thakah laazimu kamekeve. Qanoon Number 22/2010, “Dhivehirajjeyge Courthakuge Qanoon”ge 20 vana maadhaagai saafukoh bayaankohfaivanee, sarukaaruge muassasaathakaai, dhaulathuge muassasaathakaai, vaki vaki farudhunnaai, mujumalukoh dhivehi huriyaa rayyithun, Supreme Courtge nimmunthakah thabaavaan laazimu kamasheve.

Mivaguthu ufedhifaivaa suvaalakee, Supreme Courtge gaziyyaa number 2018/SC-SJ/01 in dhaulathuge muassasaathakah mathikohfaivaa amureh thanfeezukurun laskoh hifahattai eh amuruge sah’hakan kashavaru kurevidhaanetho eve. Shakkeh neiyh gothugai, Supreme Courtge eh amurun saafuvaa ethah kameh faahaga kureve eve.

  1. Supreme Court in kurin kohfaivaa hukumeh nuvatha amureh baathil kurumuge baaru libigenvanee hama ekani Supreme Court ah kamah vefai, Floor Cross kurumaa beheygothun Supreme Court in nerefaivaa hukum, Supreme Court in fahun mi nerunu hukumun baathil kurikan.
  2. Qanoon Asaaseegai bayaankohfaivaa fadhain, Judicial Service Commission (JSC) akee, Uhthama Fandiyaaraai, Supreme Court ge fandiyaarunge massalathah beleyne faraatheh noonkan.
  3. Rajjeyge evves courtakah fandiyaarun hama jessumakee adhulu insaafu gaaimukurumuge emme mathee faraathuge haisiyyathun Supreme Court in kuran jehey kamakahvefai, Supreme Court ge mashvaraa akaa nulaa Court thakah fandiyaarun ayyan nukurun.
  4. Dhivehi rajjeygai siyaasee eki faraaiyhthakah hingaafaivaa jinaaee dhuavaa thakaai, kohfaivaa hukum thakakee, jinaaee ijuraaiyhthakaai, raajje baiverivefaivaa bainalaguvaamee muaahadhaathakaai khilaafah kohfaivaa dhauvaa / hukum thakakah vaatheeve, efaraaiythakuge massalathah alun belumah, mivaguthu efaraaiythah minivan kurun.
  5. Floor Cross kurumaa beheygothun Supreme Court in kuri hukumuge sababun, Rayyithunge majileehuge 12 membarunge gondi gellijjekamah Supreme Court in nimmaafai nuvumaai, eh membarunge membaru kamuge haisiyyathu gaanoonee gothun gellifainuvaathee, eh memebarunnakee rayyithun majileehuge membarunkan.

Faahagakohfaievaa 5 nimmumakee, Supreme Court in varah kurukoh, varah saafukoh nimmaafaivaa nimmumakah veethee, mi nimmun dhiraasaakoh, maanakurumuge evves beynumeh netheve. Ehen namaves, dhaulathuge bandaara naibu thakuraarukoh mi amruge sahha kamaai thanfeezu kurumaai beheygothun vaahakafulhu dhahkaatheeve, Dhivehi rajjeyge Qanoon Asaasee in bandaara naibuge mas’ooliyyathu kamah bayaankuraa mas’ooliyyathu thakakee kobaikan balaalan jehe eve.

Dhivehi Jumhooriyyaage Qanoon Asaaseege 133 vana maahdhaagai, bandaara naibuge mas’ooliyyathu thakaai zimmaathah bayaankohfai veve. Eh maahdhaagaivaa gothun Bandaara Naibakee;

  1. Sarukaarah qaanoonee lafayaai mashvaraadhey meehaa
  2. Prosecutor Generalge mas’ooliyyathu kamah kanda alhaafaivaa kankan fiyavai, Court thakugai dhaulaiyh thamseel kuraa faraaiyh.
  3. Qanoonge verikan nagahattaa himaayaiyhkoh kuriaruvaa faraaiyh
  4. Vaajibuthakaai mas’ooliyyathu adhaakurumugai hama ekani Qanoon Asaasee ashaai Qanoon ah thabaavaan jehey faraatheh.

Mifadhain bandaara naibuge zimmaathah bayaankohfai oiyh hindhu, Supreme Court ge amureh maana kurumaai thanfeezu kurun las kurumah dhaluathuge muassasaathakah lafaa dhinumeh bandaara naibuge mas’ooliyyathu thakuge thereygai nuhimene eve. Supreme Court ge amilla baarugai seedhaa Supreme Court in nerey amurakah thabaanuve las kurumakee evves faraathakah adhi muassasaa akah libigenvaa haggeh nooneve. Sarukaarun, Supreme Courtge amureh thanfeezunukoh laskurumakee, Dhaulathaai dhekolhah kurevey baghaawaathakah noonee nuve eve.

Dhuniyeyge ehen gaumuthakugai kankuraa usoolaai, aammugothehgai gaanoonuge tharhaige therein Supreme Courtge amureh uvaalun nuvatha eh amurakah thabaavun iuthiraaz kurevenee 3 haalathakunneve;

  1. Supreme Court in kurin kohfavaa amureh Supreme Court in nerey fahuge amurakun nuvatha hukumakun baathilkurun.
  2. Supreme Court in nerunu amuru/hokum vaki qanoonakaai havaalaa dheefai vanikoh, eh qanoon , nuvatha Supreme Court in qanoonehge vaki maahdhaa akah nuvatha maahdhaa thakakah havaalaadheefaivaa maahdhaa(thah) parliament in uvaalun.
  3. Supreme Court in qanoon asaaseege vaki maahdhaaeh nuvatha maahdhaa thakakah havaalaadheefai vanikoh eh maadhaa(thah) parliament in islaahukurun nuvatha uvaalun.

Bunevidhiya 3 haalathu fiyavai Supreme Court in nerey amurakah thabaa nuvaan dhahkaa hujjaiyh thakakee, evves thaakun thaaku nujehey, beykaaru, qanoonee gothun evves buradhaneh neiyh, holhi vaahaka thakekeve.

Hinnavaru Fasgandun Baeh Kuyyah Dhin Ehbasvun – Qaanoonee Nazarakun

Qanoon number 4/91 “Contractaa behey qanoon” ge 2 vana maahdhaagaivaa gothun;

“Contractakee dhemeehehge dhemedhugai nuvatha dhemeehakahvureh gina baehge medhugai ehbasvevey ehbasvumekeve. Adhi eh ehbasvumakee qanoon gaboolukuraa nuvatha qanoon baarudhey ehbasvumakahves vaan vaane eve.”

Mi tha’aarufah balai Hinnavaru Councilun Hinnavarugai alah hiyhkaafaivaa husbimun baeh beyruge kun’funyakah kuyyah dhinkamah bunaa ehbasvumakee qanoonee gothun evves baareh neiyh ehbasvumeh kamugai alhugandah mi vanee faahaga kurevifaeve. Mihen kamun, mi article gai alhugandu balaalaanee ehbasvumugai huri qanoonee massalathakasheve.

Ehbasvun Ekulavaalun

Mi ehbasvumuge eki maahdhaathakah balaairu, emme bodah faahaga kurevey nukuthaa akee, ehbasvun ekulavaalaafaivanee kuyyah hifaa faraathun kameve. Migothah, kuyyah hifaa faraathah ehbasvun ekulavaalan furusathu dhinumakee, aammukoh ehbasvun thakugai amalukuraa gotheh nooneve. Kuyyah dhey faraathun ehbasvumeh hadhaa ekulavaalai, kuyyah hifaa faraathaai mashvaraa kurevi, ithuru term thakeh nuvatha obligations thakeh nuvatha zimmaathakeh ehbasvumah ithuru kurevigen annaany mi dhennevi hamain ehbasvumugai soi kurumuge kurin dhefaraaiyh bahdhaluve negotiate kurumahfahueve. Namaves, kuyyah hifaa faraathun ehvasvumeh ekulavaalumakee varah nurakkaatheri kamehkan, khudh mi ehvasvumunves faahaga kureve eve.

Ehbasvumugaibaa Bimaai, Kuli, adhi Bodumin

Ehbasvumugaivaa gothun Hinnavaru Councilun kuyyah dhookuran nimmaafaivaa bimakee, Lh.Hinnavaru iru dhekunu faraathu gondudhoshugaivaa bimun, jumla 13 hectareve. Ehvasvumugaivaa gothun, eh bimuge kuyyakee mahaku 30,000 dhivehi rufiyaaeve. Mi bin kuyyah dhookuraa beynumakee bimugai mari culture project eh hingumahtakai, huifilandaa dhiruvaa aalaakurumeve.

Hinnavarugai alah hikkaafaivaa jumla 28 hectarun 13 hectare kuyyah dheefaivaa iru, 13 hectarakee akafootun balaairu 1,399,307 (1 million, 3 lakka, 99 haas, 307) eve. Adhi mi rate in kuleege gothugai kanda alhaafaivaa agaai alhaakiyaairu, aka footehge agakee gaaiyh gandakah 2 dhivehi laari eve.

Migothah agu kandaelhumugai yageenvaa kamakee, “Ministry thakaai havaalukurevey binthah viyafaareege usoolun muaamalaathu kurumaabehey qavaaidhu” ge 9 vana maahdhaagaivaa, Maldives Land and Survey Authority ge dhashun ekulavaalaa “Land Valuation Committee” aa mashvaraanukoh, bimah agu kanda alhaafaivaa kameve.

Dhen faahaga kurevey kamakee, Hinnavarugai alah hikki bimuge Land Use Plan gaivaa real estate usoolun bin kuyyah dhinumah, mi kanda alhaafaivaa bimuge bodumin fetheytho aai, ehamain nufethey nama mi varuge boduminakah kuyyah bin dhookureveyne thoa eve? Ehen namaves, Land Use Plan gai kandalhaafaivaa sarahahdheh kuyyah dhookurun huras alhaakah sarukaaruge evves muassasaa akahves, adhi evves faraathakah qaanoonee baareh libigeneh nuve eve.

Ehbasvumugaivaa Dhefaraathuge Zimmaathakaai Mas’ooliyyathuthah

Kuyyah hifaa faraathun farumaa kohfaivaa ehbasvumakaai vahtharu ehbasvumehge sifa emme furathamaves, mi ehbasvumun fennany kuyyah hifaa faraathahvureh, kuyyah dheyfaraathuge zimmaathakaai mas’ooliyyathuthah varugadha vefai, kuyyah hifaa faraathuge zimmaathakaai mas’ooliyyathuthakaai nubahdhalkamunneve. Mihen bunan mijehunee, ehbasvun uvaalumaai, baathilkurumaai, khilaafuvumaai, mifadhah komme kamehgai, kuyyah hifaa faraathah, nisbathun onna lui faseyhakan mi ebbasvumun fenigendhaathee eve. Mikan emme bodah fenigen annanee ehbasvumugaivaa, 60 dhuvahuge notice eh council ah dhinumahfahu, evves sababakaa nulaa ehbasvun baathil kurumuge baaru kuyyah hifaa faraathah dheefaivumeve. Hama hama kan neiyh usoolehge dhashun dhefaraathuge mas’ooliyyathuthah binaakoh hadhaafaivaa ehbasvumakee qanoonee baaru libigenvaa ebbasvumeh noonkan bunan mi jeheny mifadha sababuthakaa hedhieve.

Investmentaai, 3 vana faraaiyh (3rd Party)

Mi ehbasvumugai vaa gothun, kuyyah hifaa faraathun investkohfai oiyh bimeh, mi ehbasvumugai bayaankohfaivaa hurihaa masakkatheh koh nimmumahfahu, 3 vana faraathakah, investment vikkaalevidhaane eve. Adhi migothah vikkaalumun, dhen ehbasvumugaivaa “kuyyah hifaa faraaiyh”akee eh investment ganna faraatheve. Migothah maahdhaaeh ehbasvumugai himanaafai othumakee, Kuyyah dhookuraa faraaiyh (Hinnavaru Council) aai Hinnavarugai dhiriulhey rayyithunnah libey gellumakah faharuga vedhaane eve. Sababakee, vaki beynumehgai, councilun vaki bayaku isskoh ebayakaaeku hedhi ebbasvumeh, investment vikkaalaa hisaabun ehen bayakaa badhalukurumakee, gellunthakeh libeyne kameh kamuga vaanetheeve.

Mi ehbasvumugai vaa gothun, kuyyah hifaa faraathun bimuge baeh 3 vana faraathakah “vikkaalevidhaane” eve. Migothah maahdhaaeh ehbasvumah ithurukohfai othumakee emme nurakkaatheri ehkameve. Sababakee, kuyyah dheefai oiyh bimeh 3 vana ehen faraathakah kuyyah hifaa faraathun vikkaalumakee, dhen eh bin alun anburaa council ah naannaane bimakah vaathee eve. Ehen namaves, qanoon number 2/2002 “dhivehi rajjeyge bimaabehey qanoon” gai vaagothun, rajjeyge bimeh ehen faraathakah vikkaaleveynee rajjeyge rayyithakah nuvathah rajjeyge 100% hissaa onna kunfunyakasheve. Namaves Special Economic Zone ge dhashun kuraa investment thah isthisnaavegen veyeve. Mi maahdhaa ehbasvumugai himanaafai othehkamaku, eh maahdhaa akee qanoonee gothun thanfeezu kureveyne maahdhaaeh nooneve.

Dhefaraathuge Dhemedhugai Jehey Massala Hallukurun

Ehbasvumugaivaa gothun, dhefaraathuge dhemedhugai, ehbasvun vujoodhugaivumaai, sah’ha kamaai, uvaalumaai behey gothun ufedhey massalathah hallu kuraane emme fahu maruhalaa akee, Singapore Arbitration Court eve. Arbitration akee mifadha ehbasvumuge massalathah hallu kuraane maruhalaa kamugai mulhi dhuniye mivanee balaiganefaeve. Namaves, mi ehbasvumugaivaa gothun, ehbasvun uvaalun fadha massalaeh ufedhunee councilge faraathun kamugai vaanama, mulhi arbitrationge hurihaa haradheh kuran jehenee council eve. Mihen mikan othumun dheyha vanee, massala sul’ha kuran rangalhu platform eh hoadhumuge badhalugai, massalaeh ufehdheyne jaagaeh kuyyah dhey faraathah nudhinumeve.

Void ab initio

Ehbasvumugai vaa emmehaa mahdhaa thakaai, sharuthuthakaai, zimaathah kiyaalumun engey kamakee, mulhi ehbasvumakee, dhivehi rajjeyge qanoon thakaai gavaaidhuthakaa khilaafu ehbasvumehkameve. Dhivehi rajjeyge qanoon thakaai qavaaidhuthakun baaru libey ehbasvumeh kamak, mi ehbasvumuge vaki maahdhaa ehgai bayaankohfai othehkamaku, suvaalakee efadha qanoonakaai qavaaidhuthakeh fennan huree rajjeyge konthanakuthoa eve.?

Kanmihen hurumaaieku, mi ehbasvumakee uvaalan maa undhagoo ehbasvumeh kamakah alhugandakah nufene eve. Ehbasvumugai bayaankohfaivaa gothun, ehbasvun baathilu kurumakee nuhanu kharadhu bodu kameh kamugai othehkamaku, feshunuiruves baathilu ehbasvumeh mulhin baathilu kuran court fee ge ithurun evves haradheh dheykah nujeheyne eve.

 

Dhivehi Rajjeyge Thaareekhugai Adhulu Insaafuge Nizaam

Adhulu insaaf gaaimukurumuge nizaamakee komme gaumehgaves onna emme muhimmu eh nizaameve. Verikankurumuge baaraai, qanoon hedhumuge baaraai, adhulu insaaf gaaimukurumuge baarakee democratic komme gaumehgaves vaki kohfaivaa 3 baareve. Ehen namaves, abadhuves ebaaruthakun, eh baarun aneh baarah faaraverivaa usoolu vefai onnanee, rayyithunnashaai sarukaaruge ehenihen magaamuthakugai thibey faraaiyhthakah libey varah bodu faidhaa akasheve.

Dhivehi rajjeygai adhulu insaafuge nizaam, vaki vattafaalhi akah nuvatha vaki mingandakah belehettigen hingan feshee, Al Ameer Al Marhoom Mohamed Ameenge isnengevumuge mathin, mahkamathuh shariyyaage namugai vaki thaneh gaaimukoh, adhulu insaafuge nizaam, seedhaa emarukazuge dhashah badhalukurevvumaai ekueve. Namaves, eyge kurinves rajjeygai shareeaiy’thah kurevemun dheyeve. Eyrugai ehen namaves, bodah onnanee, eirehgai hunnavaa raskaleh nuvatha raaneege nufoozu shareeaiyh’thakuge thereah vanna fadha gothakah kamah thaareekhu dhiraasaa kuravvaa beyfulhun liyuvvaafaivaa foiythakun dheyhaveve.

1968ge Dhivehi Rajjeyge qanoon asaaseege 85 vana maahdhaagai vanee:
“Adhulu insaaf gaaim kurumaai shareeathuge emmehai kanthah hingaanee Raeesul Jumhooriyyaa iskuraa bayekeve.”
Mihen othumun, rajjeygai eyru, raees nuruhunvaa evves faraathakah fandiyaarukan nukureveynekan varah saafukoh kashavaru vegen dheyeve. Adhi mi qanoon asaaseegai thafseelkoh adhulu insaafuge nizaamaai beheygothun maa gina maahdhaa thakeh himanuvvaafaeh nuve eve.

Namaves, 1998 vana aharuge qanoon asaaseegai adhulu insaaf qaaimukurumuge nizaamaai beheygothun ethah gina maahdhaa thakeh ekulavaalaafai veyeve. Meege ithurun court thakuge ikhthisoas thakaai, fandiyaarunge sharuthu thah, mi qanoon asaasee aai eku furihamavegen ayeve. Mihaaru amalu kuramun midhaa, 2007 vana aharu thasdheegu kurevunu qanoon asaaseegai dhimigraathee nizaamehgai adhulu insaafuge nizaam onnaane gothah, ebaaru musthagillukoh vakikohfaivaakanves faahaaga kureveve.

Qanoon Asaasee 1998

Mi qanoon asaaseege 112 vana maahdhaage dhashun, dhivehi rajjeygai furathama faharah high court eh ufedhigen dhiyaeve. Adhi mi maahdhaa bunaagothun, high courtgai ekulevigen vaanee; uhthama fandiyaaraai, raeesul jumhooriyyaa kanda alhaa adhadhehge fandiyaarunneve. Mi qaanoon asaaseege 113 vana maahdhaagai, high courtge fandiyaaru kamah iskurevey faraaiyhthakuge sifathah bayaankohfai veyeve. Adhi 115 vana maahdhaagai, dhivehi rajjeyge court thakun nimmaa gaziyyaathah high coutun balaanee, raeesul jumhooriyyaa kanda alhaa gavaaidhehge dhashun kamahves bayaankohfai oveyeve. Meege ithurun, dhaulathun dhauvaa kuraa massala thakuge therein raeesul jumhooriyya kanda alhaa gaziyyaathahves balaanee high coutun kamugai bayaankohfai oveyeve.

Mi qanoon asaaseege 118 vana maahdhaagai, raeesul jumhooriyyaa kanda alhaa adhadhakah, kanda alhaa thanehgai, sharee’aiyh hingaa court thah ufehdhidhaane kamah bayaankohfai vaairu, court thakuge fandiyaarun iskuraaneeves raeesul jumhooriyyaa kamah bayaakohfaiveyeve. Adhi 121 vana maahdhaagai, court thah hingumaabehey amuruthakaai, fandiyaarunge sulookaabehey amuruthah kurumuge baaru libigenvanee raeesul jumhooriyyaa kanda alhaa vazeerakah kan ves, bayaankohfai veyeve.

Mi qanoon asaaseege dhashun, adhulu insaafuge nizaamah, vaki baabeh ekulavaalevifai vee namaves, enizaamuge harudhanaa kan, qanoon asaasee akun sifavegeneh nudheyeve. Mi qanoon asaaseenves bodah fennamun dhiyaee, raeesul jumhooriyyaage athugai adhulu insaafuge baaru oiyh kameve. Ehen namaves, court thakuge ikhthisoasthah vaki kurevi, madhanee courtaai, jinaaee courtaai, aailaa aai behey courtaai, kudakudheennaa behey court ufedhigen aee, mi qanoon asaasee vujoodhugai oveme, eyru verikamugai hunnevi beyfulhehge is nengevumaai eku eve.

Qanoon Asaasee 2008 in Kashavaruvi Minivan Adhulu Insaafuge Nizaam

2008 vana aharu amalu kuran feshi aa qanoon asaaseege 141 vana maahdhaage dhashun, dhivehi rajjeygai furathama faharah Supreme Court eh ufedhigen aeve. Mi maahdhaagai bayaankohfaivaa gothugai, adhulu insaaf gaaimukurumuge emme is faraathakee Supreme Court eve. Supreme Court ge emme is faraathakee uhthama fandiyaareve. Hama mi maahdhaage (Noonu) gai bayaankohfai vanee, amilla farudhaku viyas, dhaulathuge kameh hingumaa havaaluve huri meehaku viyas, fandiyaarunge masakkathaa behi nufooz foaruvaihadhaigen nuvaane kameve. 142 vana maahdhaagai, fandiyaarunnakee musthagillu baeh kamashaai, fandiyaarun amalu kuraanee, gaanoon asaasee aai gaanoonah kan bayaankohfai veyeve. Adhi qanoon asaasee aai gaanoonugai vaki gothakah kandalhaafai nuvaa kan kan nimmumugai islaamee shareeathugai ekameh kandaelhifaivaa gothah fandiyaarun riaayaiyh kuran vaane kamaai, fandiyaarunge masakkathugai qanoon asaasee aai qanoonaa ehgothah kanthah thah nimmanvaanee, vaki faraathakah bura nuve’, vaki faraathakun dhahkaifaane birakah jehilun nuve’, tha’assubun ekkibaave thibe kamah bayaankohfai veyeve.

Qanoon Asaaseege 143 vana maahdhaage (Haa) gai vaa gothun, rayyithunge majileehun faaskuraa qanooneh nuvathah qanoonakun baeh viyas qanoon asaasee aai khilaafuveytho belumaai, efadha massala thakugai gotheh nimmumuge baaru libigenvanee high court ashaai supreme courtasheve. Adhi mi maahdhaage (Noonu) gai vaa gothun, komme courtakahme, e courteh himeney maruhalaa ah vureh dhashu maruhalaaehge courtakun nimmaa mimmun badhalukurumuge baaru libidheefai vaairu, mi maahdhaage (Raa) in mathee maruhalaage court thakun nimmaa nimmunthah eahvureh dhashu court thakun thabaavaanvaane kamah bayaankohfai veyeve.

Mi qanoon asaasee in, adhulu insaafah ai bodu ingilaabehge dhashun, alah ufedhunu court thakaai muassasaa thakuge ithurun ai ehenigen inthigaalakee:

  • Supreme Court
  • High Court
  • Uhthama Fandiyaaru
  • Judicial Service Commission
  • Prosecutor General

Thinbaaru Vakivefaa Nizaamehgai Onna Adhulu Insaafuge Nizaam

Thin baarakee, verikan kurumuge baaraai, qanoon hedhumuge baaraai, adhulu insaaf qaaimu kurumuge baareve. Verikan kurumuge baaruge emme is faraathakee Raeeseve. Nuvatha dhaulathuge emme is faraatheve. Qanoon hedhumuge baaru libigen vanee egaumehge rayyithun inthikhaab kuraa mandhoobun thibey, rayyithunge majileehasheve. Adhulu insaaf gaaimukuge baaru libigenvanee gaanoonee court thakasheve. Migothun 3 baaru vakivefaivaa democratic nizaamugai adhulu insaafuge baaru onnanee minivankamaai eku musthagillu gothehga eve. Miaaieku, adhulu insaaf gaaimukuraa court thakah, sarukaarunnaai dhaulathuge ehen idhaaraa akun nuvathah muassasaa akunves nufoozu nufoaruvey minivan thanehge gothugaeve. Hama ehemme, dhaulathun kuraa dhauvaathahves, shakkeh neiyh minvarah saabithu nuvaa nama, eh massala rahdhuvaa meehaa kushun salaamaiyhvaa gothah qanoon asaasee mivanee farumaa kurevifaeve.  Minivan musthagillu adhulu insaafuge nizaamakun, insaaf libun kashavaruvegen dheyeve.

Khulaasaa

Raajjeyge thaareekhugai adhulu insaafuge nizaamah ethah gina guna badhaluthakeh aisfaivee namaves, 2008 vana aharu amalu kuran feshi qanoon asaaseen alhulu insaaf mivanee mulhin minivan vefai kamugai gaboolukureve eve. Ehen namaves, supreme court ah fandiyaarun ayyan kurumah Reesul jumhooriyyaa ah dheefaivaa baaraai, rayyithunge majileehuge agulabiyyathun mi fandiyaarun magaamah inthikhaab kurevey gothah onna othumun, qanoon asaaseen libidheefaivaa baaruge naajaaiz faidhaa 2 baarunves negumuge furusathu oiyhkan faahaga kureve eve. Hama miaai eku, judicial service commission ekulevifaivaa gothun. raeesakah hunnavaa faraathuge agulabiyyathu libifaivaa majileeheh onna kamugai vaanama, JSC ge agulabiyyathuves seedhaa raeesah libeygothah onna othumakee nurakkaatheri kameh kamugai faahaga kureve eve.

 

 

The Constitution

A constitution is meant as a document or set of documents that sets forth the fundamental rules governing a nation. A constitution establishes the form of government. In democracies, it provides the highest set of principles or laws that limit government in order to protect individual rights and promote the common good.

The earliest recorded constitution was “Medina Declaration (Dustar al-Madinah). This declaration concerns the rights and responsibilities of the Muslim, Jewish, and other Arab and tribal communities of Medina during the war between that City and its neighbors. Medina Declaration was created by the Prophet Muhammad (pbuh) in the year 622 CE, it was the first written constitution in the Islamic world. The Medina Declaration contained every aspect of running a country from politic to the human rights administration.

Magna Carta, meaning ‘The Great Charter’, is one of the most famous documents in the world. Originally issued by King John of England (r.1199-1216) as a practical solution to the political crisis he faced in 1215, Magna Carta established for the first time the principle that everybody, including the king, was subject to the law. Although nearly a third of the text was deleted or substantially rewritten within ten years, and almost all the clauses have been repealed in modern times, Magna Carta remains a cornerstone of the British constitution. It has been said that Magna Carta is the first ever constitution of the western world.

Today most countries of the world have written constitutions; there is one document that they can identify as outlining the form of government and the nation’s basic laws. The oldest of these constitutions is that of the United Sates, written in 1787 and used without interruption for over 200 years. The U.S constitution, which runs only 8,000 words, is short and general. It outlines a government structure based on separation of powers and checks and balances. The constitution contains few rules about what government should do; far more of the document deals with what government may not do. Most other constitutions are more detailed than that of the United States. They may contain clauses dealing with issues unique to their society often include provisions guaranteeing not only procedural rights such as that of due process, but also substantive rights. India’s constitution, the longest in the world, makes specific provisions for Untouchables. The French constitution contains a clause making the Marseillaise the national anthem and guarantees every citizen the right to employment.

Not all constitutions contained in a single document. Great Britain is the most notable example of a nation whose constitution is embodied in a series of documents, laws, judicial ruling and conventions. Israel and New Zealand have similar arrangements.

Canada is an example of a country that has both a written and unwritten constitution. In 1982 it codified all past constitutional laws into one document that also contained a lots of citizen rights, but much of its government procedure, including the relationship between executive and legislature, is based on historical precedent.

Since it is impractical for all laws about the conduct of government to be included in one document, conventions are important for nations with written constitutions as well. Political parties, for example, are not mentioned in the U.S constitution but play a major role in American political life.

Purposes and Uses of Constitution

Constitutions have four primary purposes:

1.     Sets out the ideals and goals of government:

The U.S constitution for example, states its goals in a preamble:

“We the people of the United States, in order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

2.     Outlines the structure of government:

It gives the government certain powers and establishes the relationship between the people and the government. In federal systems such as that of the United States, they also describe the relationship between the national government and the provinces or states.

Two basic political systems exist in modern constitutional democracies: parliamentary government and presidential government. Under a parliamentary system executive and legislative power is fused. Citizens elect representatives who select a cabinet, also called a government. The government is generally formed by the majority party in the legislature or by a coalition of parties. Members of the cabinet retain their positions in the legislature and remain responsible to it. If a government loses the confidence of a majority of parliament, it must resign.

Presidential system divide executive, legislative and judicial authority through a system of separation of powers and check and balances articulated in a constitution. Under the U.S constitution, for example, legislative power is vested solely in Congress, but the President has the right to veto legislation and serves as a check on Congress. In a presidential system, the executive is elected directly or indirectly by the people and is responsible to the rather than to the legislature.

3.     Provide the Supreme Law of the State:

In democratic nations, they convey rights on individuals and limit the power of government in order to preserve these rights. Most democratic constitutions contain a list of civil and political rights such as freedom of speech, freedom of religion and freedom of assembly. These documents are based on the idea that all citizen should be treated the same regardless of religious, ethnic or socioeconomic status. The specific rights enumerated differ from country to country and reflect the nation’s historical experience and core values. The French Declaration of the Rights of Man and the U.S Bill of Rights are examples of such statements. Many constitutions establish collectives as well as individual rights to ensure equality. The Indian constitution provides for the differential treatment of historically disadvantaged groups such as women and Untouchables in order to achieve political equality.

4.     Provide a reference point for citizens to evaluate the actions of their government:

Both the people and government know what is permitted under their political system, and citizen can take action if officials violate fundamental law. As Thomas Jefferson said, “Though written constitutions may be violated in moments of passion or delusion, yet they furnish a text to which those who are watchful may again rally and recall the people..”

Constitutional Principles

The U.S Constitution is based on six principles.

1.      Popular Sovereignty:

The founders believed that ultimate authority, or sovereignty, comes from the people to whom government is responsible. Unlike the Article of Confederations, which was an agreement between states, the Constitution is a compact among the people. It is the people who establish the fundamental law of the country.

2.      Separation of Powers:

The Framers wanted a strong central government but feared that concentration of power might lead to tyranny. Consequently they divided power between three branches of government – executive, legislative and judicial. To further prevent a concentration of power while maintaining stability they made sure that official in the various branches served terms of different lengths. Members of the House of Representatives, the body assumed to be closest to the people, faced reelection every two years. The president was elected every four years. Senators served for six years, with one-third of the Senate up for reelection every two years. To preserve judicial independence, Supreme Court justices served during good behavior. The Founders also made each branch responsible to a different constituency. Representatives were elected directly by the people; senators by the states (this was changed in 1913 when 17th Amendment provided for the popular election of senators); and the president indirectly through the Electoral College.

3.      Checks and Balances:

While the Framers wanted to separate power, they also wanted to be sure that no branch would be completely independent. They, therefore, established a system of checks and balances so that each branch exercises some control over the others. Their goal, in the words of James Madison, was that “ambition must be made to counteract ambition”. Thus, although Congress makes laws, the president has the power to veto them. The president can be checked by Congress, which can pass laws over the president’s veto, and by the Supreme Court, which can rule his action unconstitutional.

4.      Federalism:

The founders had experienced the weakness if confederations but did not want a unitary state where power would be concentrated in the hands of the national government. On a practical level, they also realized that the states would not give up control of their internal affairs. Therefore they established a federal system in which some powers were given to the national government and some reserved to the states, which continued to have their own governments, make their own laws and elect their own officials.

5.      The Supremacy of National Law:

To ensure that federalism would work, the Founders established the principle that state laws may not violate the Constitution. All states must uphold national law, which is superior to state law. If s state law conflicts with a national one, the state must yield.

6.      Civilian Control of Government:

Drawing not only on political theory but also on their experience as British colonists in the years before the revolution, the Framers feared that military control of government would limit freedom. The Founders therefore include constitutional safeguards that ensured civilian control of government. A civilian, the president, was commander-in-chief and Congress was given the power to declare war.

Structure

The U.S Constitution is one of the shortest constitutions in the world (less than 8000 words). It was designed to establish the structure and powers of government, not to dictate how government was to function. That, the Founders believed, would evolve over time. This design has made the Constitution extremely flexible and enabled it to meet the challenges of a changing world.

The document is divided into three sections: the preamble, seven articles and amendments. The preamble begins with the words “We the people,” establishing the principle that the government is a compact among the people, who have ultimate sovereignty. It then states the six goals of the constitution.

The body of the constitution is divided into seven articles. The first three establishes the legislative, executive and judicial branches and the fourth explains the relationship between the states and the deferral government. The fifth describes how the Constitution can be amended. Article Six contains the supremacy clause making laws passed by Congress supreme over those of the states. The final articles stipulate that the constitution will take effect when nine states ratified it.

Conclusion

A constitution is necessary for any state or a government to perform well. It ensures the fundamental and essential rights of each and every individual living on the respected country or state.

We need a constitution to maintain law & order in the society. It consists of basic rules which are the fundamental law of the country. Our constitution gives us guidelines on how the laws be made and execute and disputes settled.

The constitution makes the common people and head of the state sit on a same table. It also ensures that rule of law prevails within the community. A good country is, a country run by fulfilling all the principles and elements as well as fundamental rights of a constitution. A good country is, where citizen can reach heads of the state or policy makers more easily. A good country lies within the borders of constitutional law.