Xeer
Xeer (pronounced custom into account.[2] Xeer is polycentric in that different groups within Somali society have different interpretations of xeer.
Application of xeer
criminal proceedings to xeer mediation. If the victim is a man, his father, brothers, or uncles can bring complaints. If the victim is a woman, complaints can be brought forward by the men in her family or the men in her husband's family.[3]
In xeer, crimes are transgressions against
restitution must be paid. If restitution cannot be given, mag retribution is due, measured in terms of livestock (usually healthy female camels), to be paid to the victim or the victim's family. There is no concept of imprisonment under xeer. In some cases, elders may advise that neither side seeks restitution or retribution. The verdict is enforced by the victim's family or else by all able-bodied clansmen within the area wherein the verdict is to be executed.[3]
Xeer judges are made up of the heads of
legal principles. Multiple judges are chosen to preside over each case by the involved parties, with this delegation being called an "ergo".[4] The number of judges involved in a case is usually around ten, though it can be as few as two.[2]
In each case, the goal is to reach consensus between the parties.
meeting halls are often used instead of sitting under a tree.[2] Each party has the right to appoint a representative to speak on its behalf while a recorder loudly repeats any important points that are made. If a fact is disputed, its veracity must be obtained by the testimony of three witnesses. If this cannot be done, an oath must be sworn. Should proceedings become heated, the presiding judge may order a recess, wherein both parties discuss issues relating to the case in small informal groups. Once the mediation has been decided, an appeal may be requested, although all parties must agree.[3]
Principles of xeer
Different groups within Somali society undertake
oral agreements with each other to define xeer law.[2] Despite this informal nature, there is a series of generally accepted principles
, agreements, and ideas that constitute xeer, referred to collectively as "xissi adkaaday". These are:
- the payment of defamation of character, given to the victim or victim's family;
- the protection of vulnerable or respected members of society such as older adults, women, children, poets, guests and religious people
- obligations to the family such as the payment of a dowry to a bride
- the rights of a widower to marry the dead wife's sister and the inheritance of a widow by the dead man's brother
- the punishments for elopement
- and the division and use of natural resources like water and land.[4]
See also
- Nusantara)
- Anglo-Saxon law (England)
- Gadaa (Oromo)
- Aqsaqal (Central Asia)
- Coutume (France)
- Customary Aboriginal law (Australia)
- Customary law
- Early Germanic law
- Early Irish law (Ireland)
- Frith-borh
- Kanun (Albania)
- Kritarchy
- Laws of the Brets and Scots (Scotland)
- Medieval Scandinavian laws
- Pashtuns of Pakistan and Afghanistan)
- Smriti and Ācāra (India)
- Urf – Arabic Islamic term meaning societal custom or knowledge
- Vlach law (Romanians)
- Welsh Law (Wales)
References
- ^ "CIA The World Factbook - Somalia". 14 November 2022.
- ^ a b c d Legal Affairs
- ^ a b c Somalia: A Tradition of Law, by Nicola Gladitz.
- ^ a b Wojkowska, Ewa (December 2006). "Doing Justice: How informal justice systems can contribute" (PDF). Retrieved 23 February 2017.
Sources
- Abdile, Mahdi (2012). Customary Dispute Resolution in Somalia. African Conflict & Peacebuilding Review, Volume 2, Number 1: 87–110.
- Gladitz, Nicola. Somalia: A Tradition of Law
- Notten, Michael van (2005). The Law of the Somalis: A Stable Foundation for Economic Development in the Horn of Africa.
External links
- Spencer Heath MacCallum (4 September 2007). "The Rule of Law without the State". Mises Daily. Mises Institute.
