Return Somali Xeer Law

[jalaaludin5]

I know there is no vote in law but I was looking at the whole package since Futurist proposed we use xeer law. Human rights, rule of law and democracy, since it's all interlinked.
-
-
-

They are not interlinked. They are all distinct ideas which are often taken togather.

Democracy is overated and Human rights is the shitty french version of the more noble Bill of Rights and
has its origin the orgy of violence known as the French Revolution.

The Rule of Law (whatever law that may be) and Liberty is all that is required as the bare minimum for a free people.

As for the topic, it is something worth discussing. The vast majority of prople already use Xeer and Islamic law, however this is usually informal. Maybe it requires a more formal recognition and codification?

Then again the Government of SL actively encourages people to sort out issues among themselves. People usually use Xeer or Islamic law to sort things out. The Government then recognises and implements whatever the 2 parties have agreed to.

Maybe this is the way. The asministration of justice remains independent of Government whilst at the same time being enforced by government.

And that's what I was getting at. Custom, tradition and religious laws are all informal as opposed to statutes and judicial precedence. Can the xeer law be a formal source? Codifying informal laws That are already widely accepted by recognized institutions.
-
-
-

[abdikarim86]

I know see what you mean.

In that case I would re-iterate that maybe all we need is mere recognition by the government that people
will govern themselves by Xeer/Islamic law. And that government only needs to worry about enforcing judgements, and need not attempt to interfere with how peoole govern themselves.

Statutes will still be required especially when it comes to constitutional law. Maybe codified statutes can be limited
To those areas of law?

This is already the case more all less. Status quo then I suppose?

[Togdeer]

Xeer is the most backward law it is the main thing used in JSL. But this stupid law has been holding the country back. We need to use full sharica law. If that does not work then we should use democracy law and order.
Xeer law is just jaahilnimo, let me give you an example

Some burgulars tried to rob my cousins house. He woke up and cought one of them. My cousin beat the guy up using a budh. The guy broke his arm as a result .
Guess what using the xeer law my cousin had to pay compensation to the theif and his family

[GalliumerianSlayer]

We tried Democracy during the first republic, guess what happened? Overthrown during the revolution which it to later collapsed in 1991.

[Togdeer]

We tried Democracy during the first republic, guess what happened? Overthrown during the revolution which it to later collapsed in 1991.

That was not democracy that was Marxist communism. Also know as dictatorship

[GalliumerianSlayer]

We tried Democracy during the first republic, guess what happened? Overthrown during the revolution which it to later collapsed in 1991.

That was not democracy that was Marxist communism. Also know as dictatorship

You're confused. The first republic started from 1960 -1969, which was overthrown by the 'revolution'. This was the true democratic era which was ruined by Majeertan killing our President (Ali saleeban vs M. Saleeban beef).

The 2nd republic started from 1969 - 1991, that was known as 'Democratic republic of somalia', which was a 'Social marxist' regime.


Then the Somalis faced anarchism/warlord era/ terrorism, etc...

[Togdeer]

I don't think people we're
Ready for democracy back then . They did not even know what it meant 90% of the population lived in rural areas. People we're nomadic or farmers. 90% of the population
Was uneducated.
But things have changed alhamdulillah

[GalliumerianSlayer]

I don't think people we're
Ready for democracy back then . They did not even know what it meant 90% of the population lived in rural areas. People we're nomadic or farmers. 90% of the population
Was uneducated.
But things have changed alhamdulillah

Do remember that our first president, Osman Daar (AUN) peacefully stepped down as our leader when he lost an election by parliament, the first in Africa. There were some corruptions during this era, Cigaal (aun) himself made a lot of mistakes during his reign as PM. Do remember that MSB banned political parties, where could people raise their voices peacefully speaking ? banned public demonstrations/banned any democratic processes that allowed the civilians basic fundamental political rights.

1969 coup was a dark chapter in the Somali ethnic group history.

In sha allah things will be good for our people.

MJ killed a democratically elected MJ leader, paved way for MSB to reign Somalia, who eventually later indiscriminately killed MJ's throughout the 80's.