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''Xeer'' (pronounced ) is the traditional
legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history an ...
of
Somalia Somalia, , Osmanya script: 𐒈𐒝𐒑𐒛𐒐𐒘𐒕𐒖; ar, الصومال, aṣ-Ṣūmāl officially the Federal Republic of SomaliaThe ''Federal Republic of Somalia'' is the country's name per Article 1 of thProvisional Constitut ...
,
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 conside ...
,
Djibouti Djibouti, ar, جيبوتي ', french: link=no, Djibouti, so, Jabuuti officially the Republic of Djibouti, is a country in the Horn of Africa, bordered by Somalia to the south, Ethiopia to the southwest, Eritrea in the north, and the Red ...
,
Somali Region The Somali Region ( so, Deegaanka Soomaalida, am, ሱማሌ ክልል, Sumalē Kilil, ar, المنطقة الصومالية), also known as Soomaali Galbeed (''Western Somalia'') and officially the Somali Regional State, is a regional stat ...
, 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 Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or '' Allah'') as it was revealed to Muhammad, the ...
, 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 Mediator may refer to: *A person who engages in mediation * Business mediator, a mediator in business * Vanishing mediator, a philosophical concept * Mediator variable, in statistics Chemistry and biology *Mediator (coactivator), a multiprotein ...
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s and help settle court cases, taking
precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great v ...
and custom into account.Legal Affairs
/ref> Xeer is
polycentric Polycentric is an English adjective, meaning "having more than one center," derived from the Greek words ''polús'' ("many") and ''kentrikós'' ("center"). Polycentricism (or polycentricity) is the abstract noun formed from polycentric. They may r ...
in that different groups within Somali society have different interpretations of xeer.


Application of ''xeer''

Somali society is traditionally structured around a patriarchal
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, mea ...
based system, subdivided into sub-clans, then lineages, and finally ''mag'' groupings. These groups are bound together either by
family ties ''Family Ties'' is an American sitcom television series that aired on NBC for seven seasons, premiering on September 22, 1982, and concluding on May 14, 1989. The series, created by Gary David Goldberg, reflected the move in the United States ...
or
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
. ''Xeer''
justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
usually revolves around the latter groups, as these are the smallest. In these groups, each member is responsible for the
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 C ...
s of another, and must accordingly bear some fraction of any decided
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 ac ...
. 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 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 ani ...
(usually healthy female
camel A camel (from: la, camelus and grc-gre, κάμηλος (''kamēlos'') from Hebrew or Phoenician: גָמָל ''gāmāl''.) is an even-toed ungulate in the genus ''Camelus'' that bears distinctive fatty deposits known as "humps" on its back. ...
s), to be paid to the victim or the victim's family. There is no concept of
imprisonment Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is " false imprisonment". Imprisonment does not necessar ...
under ''xee''r. In some cases, elders may advise that neither side seeks restitution or retribution. The
verdict In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales ...
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 Wisdom, sapience, or sagacity is the ability to contemplate and act using knowledge, experience, understanding, common sense and insight. Wisdom is associated with attributes such as unbiased judgment, compassion, experiential self-knowledg ...
, but otherwise there is no formal training, and each judge is allowed to formulate their own
doctrine Doctrine (from la, doctrina, meaning "teaching, instruction") is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a belief syste ...
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 Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the ...
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 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 Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to g ...
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 In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
may be requested, although this must be agreed to by all parties.


Principles of ''xeer''

Different groups within Somali society undertake
oral agreement An oral contract is a contract, the terms of which have been agreed by spoken communication. This is in contrast to a written contract, where the contract is a written document. There may be written, or other physical evidence, of an oral contrac ...
s with each other to define ''xeer'' law. 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 ''mag'' by the collective group (clan, sub-clan, lineage, or mag group) from which an offender originates as compensation for the crimes of
murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
, bodily assault, theft,
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
, and
defamation of character Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defi ...
, 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 religious people *obligations to the family such as the payment of a
dowry A dowry is a payment, such as property or money, paid by the bride's family to the groom or his family at the time of marriage. Dowry contrasts with the related concepts of bride price and dower. While bride price or bride service is a payment ...
to a bride *the rights of a
widow A widow (female) or widower (male) is a person whose spouse has died. Terminology The state of having lost one's spouse to death is termed ''widowhood''. An archaic term for a widow is "relict," literally "someone left over". This word can so ...
er to marry the dead wife's sister and the inheritance of a
widow A widow (female) or widower (male) is a person whose spouse has died. Terminology The state of having lost one's spouse to death is termed ''widowhood''. An archaic term for a widow is "relict," literally "someone left over". This word can so ...
by the dead man's brother *the punishments for elopement *and the division and use of
natural resources Natural resources are resources that are drawn from nature and used with few modifications. This includes the sources of valued characteristics such as commercial and industrial use, aesthetic value, scientific interest and cultural value. ...
like water and land.


See also

*
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( Malays of Nusantara) * Anglo-Saxon law (
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
) *
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( Oromo) *
Aqsaqal Aqsaqal or aksakal (literally meaning "white beard" in Turkic languages) metaphorically refers to the male elders, the old and wise of the community in parts of Central Asia, the Caucasus and Bashkortostan. Traditionally, an aqsaqal was the l ...
(
Central Asia Central Asia, also known as Middle Asia, is a region of Asia that stretches from the Caspian Sea in the west to western China and Mongolia in the east, and from Afghanistan and Iran in the south to Russia in the north. It includes the fo ...
) *
Coutume Old French law, referred to in French as ''l'Ancien Droit'', was the law of the Kingdom of France until the French Revolution. In the north of France were the ''Pays de coutumes'' ('customary countries'), where customary laws were in force, whi ...
(
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
) *
Customary Aboriginal law Indigenous Australian customary law refers to the legal systems and practices uniquely belonging to Indigenous Australians of Australia, that is, Aboriginal and Torres Strait Islander people. Background and description Indigenous peoples of Aus ...
(
Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
) * Early Germanic law * Early Irish law (
Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
) *
Frith-borh Frankpledge was a system of joint suretyship common in England throughout the Early Middle Ages and High Middle Ages. The essential characteristic was the compulsory sharing of responsibility among persons connected in tithings. This unit, under ...
*
Kanun (Albania) The Kanun (also aln, Kanû/-ja, other names include sq, doke, zakon, venom, usull, itifatk, adet, sharte, udhë, rrugë) is a set of Albanian traditional customary laws, which has directed all the aspects of the Albanian tribal society.. For ...
*
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*
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(
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
) *
Medieval Scandinavian laws Medieval Scandinavian law, also called North Germanic law, was a subset of Germanic law practiced by North Germanic peoples. It was originally memorized by lawspeakers, but after the end of the Viking Age they were committed to writing, mostly by ...
*
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and
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(
Pashtun Pashtuns (, , ; ps, پښتانه, ), also known as Pakhtuns or Pathans, are an Iranian ethnic group who are native to the geographic region of Pashtunistan in the present-day countries of Afghanistan and Pakistan. They were historically r ...
s of
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
and
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is borde ...
) *
Smriti ''Smriti'' ( sa, स्मृति, IAST: '), literally "that which is remembered" are a body of Hindu texts usually attributed to an author, traditionally written down, in contrast to Śrutis (the Vedic literature) considered authorless, that ...
and
Ācāra Ācāra ( sa, आचार) is a concept used in the context of Classical Hindu law that refers to the customary laws or community norms of a particular social group. These community norms are delineated and put into practice by people who have ...
(
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...
) * Urf (
Arab world The Arab world ( ar, اَلْعَالَمُ الْعَرَبِيُّ '), formally the Arab homeland ( '), also known as the Arab nation ( '), the Arabsphere, or the Arab states, refers to a vast group of countries, mainly located in Western A ...
/Islamic law) *
Vlach law The Vlach law (, ro, legea românească, "Romanian law", or , "customs of the land", ) refers to the traditional Romanian common law as well as to various special laws and privileges enjoyed or enforced upon particularly pastoralist communities ...
(
Romanians The Romanians ( ro, români, ; dated exonym '' Vlachs'') are a Romance-speaking ethnic group. Sharing a common Romanian culture and ancestry, and speaking the Romanian language, they live primarily in Romania and Moldova. The 2011 Romania ...
) *
Welsh Law Welsh law ( cy, Cyfraith Cymru) is an autonomous part of the English law system composed of legislation made by the Senedd.Law Society of England and Wales (2019)England and Wales: A World Jurisdiction of Choice eport(Link accessed: 16 March 202 ...
(
Wales Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...
)


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 * 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 Law of Somalia Courts by type Customary legal systems Ancient Somalia Collectivism