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Maldives Baby Snatching case

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Dec 8th, 2019
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  1. Recent Baby snatching by Maldivian authorities is a very serious violation of a human rights. Here are the pertinent points.
  2. The case was related to a child marriage within a poor family and subsequent media uproar which led Maldives government to snatch all the babies of this poor family into state care. Lets analyze the situation.
  3. 1. the family was very poor. The breadwinner of the family was in jail for 12 years and was just recently released. His babies were snatched from him in the 4th month after his freedom. 4 months is not enough for a former convict to sort-out his life.
  4. 2. The family was already struggling but they managed to send the kids to the school and even immunized the kids. but the family was deeply conservative which made them scapegoats for everything the #secularAtheists detest.
  5. 3. This was a family of 3, the oldest girl (age 13) married to support the family. Such young marriage is very uncommon but without any benefits people resort to other means to support themselves. Also young marriage in Islam is permitted if the sharia conditions are met, which include guardians consent, consent of the bride and groom, dowry, and witness. Its common practice even a generation ago to wed at young age esp as children around preteen years start to engage in sex acts, so that poor parents often find it convenient and safe to let them marry rather than to prevent marriage or risk babies out of wedlock.
  6. 4. Legal point about this injustice is that here we have a legislation passed after the fact and applied to a prior circumstance. This unregistered marriage happened in the past and govt quickly concocted this regulation to make marriageable age from 16 to 18 to accede to a UN charter of children's rights. Maldives constitution expressly states that the basis for all laws and regulations of Maldives is from Islamic Sharia so that any law or any regulation which contravenes islamic sharia will be void and null. The concept of maturity and eligibility of marriage in Islam (and even in Judaism) are unambiguous and clearly defined. Pending investigation and court case the husband of the eldest girl has been jailed and all the 3 sisters of this family are taken in to juvenile detention center aka state care.
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  8. 5. Taking all babies of this poor family is not even ethically justifiable as this can be understood as a punishment for the family being poor. Even if the eldest daughters young age marriage is determined a crime, what justification is there to take the rest of the kids to state care? What is the crime of the other 2 kids (10 year old, 8 year old respectively) other than poverty?
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