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Xeer
''Xeer'' (pronounced ) is the traditional legal system of Somalia, Somaliland, Djibouti, Somali Region, and the North Eastern Province in Kenya. One of the three systems from which formal Somali law draws its inspiration, the others being civil law and Islamic law. It is believed to pre-date Islam, although it was influenced by Islam and retains the faith elements, the proceeding under rule pre-date Islam. Under this system, elders, known as the serve as mediator judges and help settle court cases, taking precedent and custom into account. Xeer is polycentric in that different groups within Somali society have different interpretations of xeer. Application of ''xeer'' Somali society is traditionally structured around a patriarchal clan based system, subdivided into sub-clans, then lineages, and finally ''mag'' groupings. These groups are bound together either by family ties or contract. ''Xeer'' justice usually revolves around the latter groups, as these are the smalle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Somali Society
The Somalis ( so, Soomaalida 𐒈𐒝𐒑𐒛𐒐𐒘𐒆𐒖, ar, صوماليون) are an ethnic group native to the Horn of Africa who share a common ancestry, culture and history. The Lowland East Cushitic Somali language is the shared mother tongue of ethnic Somalis, which is part of the Cushitic languages, Cushitic branch of the Afroasiatic languages, Afroasiatic language family, and are predominantly Sunni Islam, Sunni Muslim.Mohamed Diriye Abdullahi, ''Culture and Customs of Somalia'', (Greenwood Press: 2001), p.1 They form one of the largest ethnic groups on the African continent, and cover one of the most expansive landmasses by a single ethnic group in Africa. According to most scholars, the ancient Land of Punt and its native inhabitants formed part of the ethnogenesis of the Somali people. An ancient historical kingdom where a great portion of their cultural traditions and ancestry has been said to derive from.Egypt: 3000 Years of Civilization Brought to Life By C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diyya
''Diya'' ( ar, دية; plural ''diyāt'', ar, ديات) in Islamic law, is the financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage by mistake. It is an alternative punishment to '' qisas'' (equal retaliation). In Arabic, the word means both blood money and ransom, and it is spelled sometimes as ''diyah'' or ''diyeh''. It only applies when murder is committed by mistake and secondly victim's family has the free consent to compromise with the guilty party; otherwise '' qisas'' applies. ''Diya'' compensation rates have historically varied based on the gender and religion of the victim. In the modern era, diya plays a role in the legal system of Iran, Pakistan, Saudi Arabia and the United Arab Emirates. In Iran and Pakistan, the diya is the same for Muslims and non-Muslims,Tellenbach, Sylvia (2014). ''The Oxford Handbook of Criminal Law'', Oxford University Press. pg. 261 while in Saudi Arabia it differs dependi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Somaliland
Somaliland,; ar, صوماليلاند ', ' officially the Republic of Somaliland,, ar, جمهورية صوماليلاند, link=no ''Jumhūrīyat Ṣūmālīlānd'' is a ''de facto'' sovereign state in the Horn of Africa, still considered internationally to be part of Somalia. Somaliland lies in the Horn of Africa, on the southern coast of the Gulf of Aden. It is bordered by Djibouti to the northwest, Ethiopia to the south and west, and Somalia to the east.Encyclopædia Britannica, ''The New Encyclopædia Britannica'', (Encyclopædia Britannica: 2002), p.835 Its claimed territory has an area of , with approximately 5.7 million residents as of 2021. The capital and largest city is Hargeisa. The government of Somaliland regards itself as the successor state to British Somaliland, which, as the briefly independent State of Somaliland, united in 1960 with the Trust Territory of Somaliland (the former Italian Somaliland) to form the Somali Republic.''The New Encyclopæ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Custom (law)
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity (''opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sub-clan
A clan is a group of people united by actual or perceived kinship and descent. Even if lineage details are unknown, clans may claim descent from founding member or apical ancestor. Clans, in indigenous societies, tend to be endogamous, meaning that their members can marry one another. Clans preceded more centralized forms of community organization and government, and exist in every country. Members may identify with a coat of arms or other symbol to show that they are an . Kinship-based groups may also have a symbolic ancestor, whereby the clan shares a "stipulated" common ancestor who serves as a symbol of the clan's unity. Etymology The English word "clan" is derived from old Irish meaning "children", "offspring", "progeny" or "descendants"; it is not from the word for "family" or "clan" in either Irish or Scottish Gaelic. According to the ''Oxford English Dictionary'', the word "clan" was introduced into English in around 1425, as a descriptive label for the organizati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Livestock
Livestock are the domesticated animals raised in an agricultural setting to provide labor and produce diversified products for consumption such as meat, eggs, milk, fur, leather, and wool. The term is sometimes used to refer solely to animals who are raised for consumption, and sometimes used to refer solely to farmed ruminants, such as cattle, sheep, goats and pigs. Horses are considered livestock in the United States. The USDA classifies pork, veal, beef, and lamb (mutton) as livestock, and all livestock as red meat. Poultry and fish are not included in the category. The breeding, maintenance, slaughter and general subjugation of livestock, called '' animal husbandry'', is a part of modern agriculture and has been practiced in many cultures since humanity's transition to farming from hunter-gatherer lifestyles. Animal husbandry practices have varied widely across cultures and time periods. It continues to play a major economic and cultural role in numerous communities. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restitution
The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court orders the defendant to ''pay'' the claimant for their loss. Evolving Meaning '' American Jurisprudence'' 2d edition notes: Legal vs Equitable Remedy Restitution may be either a legal remedy or an equitable remedy, "depend ngupon the basis for the plaintiff's claim and the nature of the underlying remedies sought". Generally, restitution and equitable tracing is an equitable remedy when the money or property wrongfully in the possession of defendant is traceable (i.e., can be tied to "particular funds or property"). In such a case, restitution comes in the form of a constructive trust or equitable lien. Where the particular property at issue cannot be particularly identified, restitution is a legal remedy. This occurs, for examp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Rights
The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically heavily constrained insofar as property is owned by legal persons (i.e. corporations) and where it is used for production rather than consumption. A right to property is recognised in Article 17 of the Universal Declaration of Human Rights, but it is not recognised in the International Covenant on Civil and Political Rights or the International Covenant on Economic, Social and Cultural Rights. The European Convention on Human Rights, in Protocol 1, article 1, acknowledges a right for natural and legal persons to "peaceful enjoyment of his possessions", subject to the "general interest or to secure the payment of taxes." Definition The right to property is one of the most controversial human rights, both in terms of its existence and inter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Proceedings
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victim
Victim(s) or The Victim may refer to: People * Crime victim * Victim, in psychotherapy, a posited role in the Karpman drama triangle model of transactional analysis Films and television * ''The Victim'' (1916 film), an American silent film by the Fox Film Corporation starring vamp Valeska Suratt * ''The Victim'' (1930 film), an American film starring Esther Howard * ''Victim'' (1961 film), a British drama film featuring Dirk Bogarde * ''The Victim'' (1972 film), an television film produced for American Broadcasting Company * ''The Victim'' (1980 film), a Hong Kong film directed by and starring Sammo Hung * ''Victim'' (1999 film), a Hong Kong film directed by Ringo Lam * ''The Victim'' (2006 film), a Thai horror-thriller film written by Monthon Arayangkoon * ''Victim'' (2010 film), an American indie film directed by Matt Eskandari * ''The Victim'' (2011 film), an American horror film written by and starring Michael Biehn * ''The Victim'' (2012 film), a Konkani theatrica ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular action or behavior that is deemed undesirable or unacceptable. It is, however, possible to distinguish between various different understandings of what punishment is. The reasoning for punishment may be to condition a child to avoid self-endangerment, to impose social conformity (in particular, in the contexts of compulsory education or military discipline), to defend norms, to protect against future harms (in particular, those from violent crime), and to maintain the law—and respect for rule of law—under which the social group is governed. and violates the law or rules by which the group is governed. Punishment may be self-inflicted as with self-flagellation and mortification of the flesh in the religious setting, but i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
