xeer

''Xeer'' (pronounced ) is the traditional legal system of

Somalia

,

Somaliland

,

Djibouti

,

Somali Region

, and 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

judge

s and help settle

court case

s, taking precedent and custom into account.Legal Affairs
/ref> 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

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 smallest. In these groups, each member is responsible for the

crime

s of another, and must accordingly bear some fraction of any decided

punishment

. Within this system, only the victim or immediate family of a victim can bring criminal proceedings to ''xeer'' mediation. If the victim is a man, his father, brothers, or uncles can bring complaints forward. 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.

In ''xeer'', crimes are defined in terms of being transgressions against property rights. Justice is directed in the form of material compensation to the victim. If the accused is found guilty, some form of material

restitution

must be paid. If restitution cannot be given, ''mag'' retribution is due, measured in terms of livestock (usually healthy female

camel

s), to be paid to the victim or the victim's family. There is no concept of imprisonment under ''xee''r. 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.Somalia: A Tradition of Law, by Nicola Gladitz.

''Xeer'' judges are made up of the heads of

extended families

. These family heads are chosen for their knowledge of law and

wisdom

, but otherwise there is no formal training, and each judge is allowed to formulate their own

doctrine

s and legal principles. Multiple judges are chosen to preside over each case by the involved parties, with this delegation being called an "ergo". The number of judges involved in a case is usually around ten, though it can be as few as two.

In each case, the goal is to reach

consensus

between the parties. Arbitration traditionally takes place under a large tree, and the mediators ask each of the parties to submit to the ruling of the judges. In modern times, meeting halls are often used as opposed to sitting under a tree. Each party has the right to appoint advocate, 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 this must be agreed to by all parties.

Principles of ''xeer''

Different groups within Somali society undertake oral agreements with each other to define ''xeer'' law. Despite this informal nature, there is a series of customary law, generally accepted principles, agreements, and ideas that constitute ''xeer'', referred to collectively as "''xissi adkaaday''". These are:

*the payment of ''mag'' by the collective group (clan, sub-clan, lineage, or mag group) from which an offender originates as Financial compensation, compensation for the crimes of murder, battery (crime), bodily assault, theft, rape, and defamation of character, given to the victim or victim's family;
*the protection of vulnerable or respected members of society such as the elderly, women, children, poets, guests and religion, religious people
*obligations to the family such as the payment of a dowry to a bride
*the rights of a Widow, 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.

See also

* Adat (Malays (ethnic group), Malays of Nusantara)
* Anglo-Saxon law (England)
* Gadaa (Oromo people, Oromo)
* Aqsaqal (Central Asia)
* Coutume (France)
* Customary Aboriginal law (Australia)
* Early Germanic law
* Early Irish law (Ireland)
* Frith-borh
* Kanun (Albania)
* Kritarchy
* Leges inter Brettos et Scottos, Laws of the Brets and Scots (Scotland)
* Medieval Scandinavian laws
* Pashtunwali and Jirga (Pashtun people, Pashtuns of Pakistan and Afghanistan)
* Smriti and Ācāra (India)
* Urf (Arab world/Islamic law)
* Vlach law (Romanians)
* Welsh Law (Wales)

References

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
*Michael van Notten, Van Notten, Michael. The Law of the Somalis: A Stable Foundation for Economic Development in the Horn of Africa, 2005.

External links

*https://mises.org/library/rule-law-without-state

{{Conformity

Somalian law
Courts by type
Customary legal systems
Ancient Somalia
Collectivism