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Azmiralda Zahir

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Azmiralda Zahir
އަޒްމިރާލްދާ ޒާހިރު
Justice of the Supreme Court of the Maldives
Incumbent
Assumed office
4 September 2019
Nominated byIbrahim Mohamed Solih
Personal details
Born (1979-07-19) 19 July 1979 (age 45)
Malé, Maldives
Alma materCardiff University (LL.B)
University of Portsmouth (LL.M)
University of Exeter (PhD)
Websitesupremecourt.gov.mv

Azmiralda Zahir (Template:Lang-dv; born 19 July 1979) is a Maldivian lawyer and jurist who has served as a Justice of the Supreme Court of the Maldives since 4 September 2019. After studying law in the United Kingdom, Zahir began practicing law in the Maldives in 1999. In 2011, she was appointed to the High Court of the Maldives, and at the time of her resignation in 2016 was described as the country's most senior female judge. Zahir also served as the Maldives' first female Chief Justice when she temporarily filled the vacancy caused by the retirement of Abdulla Areef in November 2019.

Early life and education

Zahir was born and raised in Malé. She obtained her bachelor of laws from Cardiff University and her master's degree from the University of Portsmouth, before receiving a PhD in International Intellectual Property Law from the University of Exeter.[1]

Zahir obtained her licence to practice in the Maldives in 1999, and in 2001 worked in the legal department of Malé City Council. Between 2002 and 2007, she worked for the Maldives Law Commission, drafting bills due to be submitted to the People's Majlis for review.[1]

In 2009, Zahir began lecturing in law at the Maldives National University, subsequently going on to serve as dean of the Faculty of Sharia and Law.[2]

Judicial career (2011–present)

High Court of the Maldives (2011–2016)

On 26 March 2011, Zahir was appointed to serve on the High Court of the Maldives, becoming the first woman in the country to sit on an appellate court.[1]

In 2015, Zahir was temporarily transferred to the High Court's newly established southern branch, sitting in Addu City. After five months, in 2016 her transfer was announced as permanent. Zahir appealed this decision to the parliamentary oversight committee, stating that she was the only judge with childcare responsibilities, and that working in Addu City would prevent her from caring for her two children. The committee ultimately rejected Zahir's complaint, stating it had no jurisdiction over judicial transfers.[3][4][5] Zahir subsequently wrote letters to the Judicial Services Commission and the then-President of the Maldives, Abdulla Yameen, stating that the transfer had been unannounced and was discriminatory against her rights as a mother; she reported that Yameen told her that the transfer was "not a matter he could address".[5]

Zahir subsequently announced her resignation from the High Court in protest at her transfer; at the time, she was the Maldives' most senior female judge, and the only sitting female judge following the resignations of Aisha Shujune and Mariyam Nihayath in 2014 and 2015, respectively.[5][6] The International Commission of Jurists criticised Zahir's transfer, describing it as "arbitrary" and comparing it to a demotion due to the southern branch not being authorised to hear complaints over constitutional matters.[7]

Following her resignation, Zahir went into private practice.[1]

Supreme Court of the Maldives (2019–present)

In 2019, the Judicature Act was amended to increase the size of the Supreme Court from five justices to seven.[8] The President of the Maldives, Ibrahim Mohamed Solih, announced in August 2019 his intention to nominate Zahir, alongside Aisha Shujune, as the Supreme Court's two new justices.[6][9] Following interviews with the Judicial Service Commission, Zahir and Shujune were accepted as suitable candidates, with a vote planned for the People's Majlis.[6]

Zahir and Shujune's nominations were met with opposition by some clerics who stated that Islam forbade women from serving as judges. Former Maldivian president Maumoon Abdul Gayoom, a scholar who studied at Al-Azhar University, released a statement supporting Zahir and Shujune's nominations, citing several prominent Islamic scholars who concluded that appointing female judges was permissible, including Al-Tabari, Ibn Hazm, Hasan al-Basri and Yusuf al-Qaradawi.[2]

The People's Majlis subsequently approved Zahir and Shujune's appointments to the Supreme Court, with 62 out of 64 MPs present voting in favour, with one MP voting against and another abstaining.[10][11] Zahir became a Justice of the Supreme Court on 4 September 2019 after being presented with a letter of appointment by Solih and giving an oath administered by the Chief Justice, Ahmed Abdulla Didi.[9][11]

Zahir and Shujune became the first female justices to sit on the Supreme Court of the Maldives since it was established in 2008. The Minister for Gender, Shidhatha Shareef, released a statement calling Zahir and Shujune's appointments a "historic day".[2]

Zahir's first allocation as a Supreme Court Justice was a case filed by a private citizen against the state over an employment issue.[11]

Chief Justice of the Supreme Court of the Maldives (2019)

In November 2019, Zahir was announced as the interim Chief Justice of the Supreme Court following the retirement of Abdulla Areef on health grounds. Areef himself had been temporarily filling the position following the suspension and subsequent dismissal of Ahmed Abdullah Didi.[12] Despite having only sat on the Supreme Court for two months, Zahir was the most senior justice after Areef following the dismissals of Didi and Adam Mohamed, and the subsequent suspension of Abdul Ghanee Mohamed.[12][13] Zahir remained in the post until Ahmed Muthasim Adnan was appointed as the permanent Chief Justice on 8 December 2019.[14]

References

  1. ^ a b c d "DR. AZMIRALDA ZAHIR". Supreme Court of the Maldives. Retrieved 13 November 2023.
  2. ^ a b c "Female judges nominated to Supreme Court over opposition from clerics". Maldives Independent. 24 August 2019. Retrieved 13 November 2023.
  3. ^ "High Court judge complains over transfer to southern branch". Maldives Independent. 13 March 2016. Retrieved 13 November 2023.
  4. ^ "Parliamentary committee rejects judge's complaint over abrupt transfer". Maldives Independent. 22 March 2016. Retrieved 13 November 2023.
  5. ^ a b c "Maldives' most senior female judge quits". Maldives Independent. 12 May 2016. Retrieved 13 November 2023.
  6. ^ a b c Mohamed, Shahudha (23 August 2019). "President Solih nominates two female judges for Supreme Court". The Edition. Retrieved 13 November 2023.
  7. ^ "Maldives urged to 'end arbitrary actions targeting judges'". Maldives Independent. 21 March 2016. Retrieved 13 November 2023.
  8. ^ "Parliament approves increasing size of Supreme Court bench". Maldives Independent. 17 July 2019. Retrieved 13 November 2023.
  9. ^ a b "President appoints two new Supreme Court Judges". The President's Office. 4 September 2019. Retrieved 13 November 2013.
  10. ^ "Parliament approves to appoint Azmiralda, Sujun to Supreme Court". Avas. 3 September 2019. Retrieved 13 November 2023.
  11. ^ a b c Ali, Humaam (16 September 2023). "Newly appointed justices begin work at Supreme Court". Raajje. Retrieved 13 November 2023.
  12. ^ a b "Judge Azmiralda to administer Supreme Court as Judge Areef retires". PSM News. 21 November 2019. Retrieved 13 November 2023.
  13. ^ "Top court judge Areef retires, Dr. Azmiralda appointed as interim chief". Avas. 21 November 2019. Retrieved 13 November 2023.
  14. ^ "UZ. AHMED MUTHASIM ADNAN". Supreme Court of the Maldives. Retrieved 13 November 2023.
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