According to the Constitution of Maldives, "the judges are independent, and subject only to the Constitution and the law. When deciding matters on which the Constitution or the law is silent, judges must consider Islamic Shari'ah". Islam is the official religion of the Maldives and open practice of any other religion is forbidden. The 2008 constitution says that the republic "is based on the principles of Islam" and that "no law contrary to any principle of Islam can be applied". Non-Muslims are prohibited from becoming citizens. The requirement to adhere to a particular religion and prohibition of public worship following other religions is contrary to Article 18 of the Universal Declaration of Human Rights and Article 18 of the International Covenant on Civil and Political Rights to which Maldives has recently become party and was addressed in Maldives' reservation in adhering to the Covenant claiming that "The application of the principles set out in Article 18 of the Covenant shall be without prejudice to the Constitution of the Republic of the Maldives." A new penal code came into effect on July 16, 2015, replacing the 1968 law, the first modern, comprehensive penal code to incorporate the major tenets and principles of Islamic law. Same-sex relations are illegal in the Maldives, although tourist resorts typically operate as exceptions to this law.
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