Return Somali Xeer Law

[Futurist]

If we are to succeed we must return to our ingenious traditional roots. Somali Xeer law is an ingeneous system that has stood the test of time; it is complementary to Islamic law.

Xeer u dhalasho

Xeer law guarantees in principle, as a birthright, every person's right to life, liberty and property (one's body, one's freedom and one's material assets). It has accepted common principles and doctrines, rules of conduct, organisational structures, procedural rules, rules of insurance, verdicts of law, rules of restitution and compensation. It stipulates rules governing constitution and abolition of courts, power of courts, power of police, procedures for hearings, rules of appeal, rendering justice and compensation.

Xor u dhalasho

We should use the doctrines of Xeer law as a basis for governing social and economic interactions. As follows. Xor u dhalasho. Xor u maal. Xeer u dhalasho. Innocent until proven guilty. Equality before the law. Right to a fair hearing. Right to restitution or compensation. Xeer law is seperate from politics and religion. Xeer law has in built methods for its development. There are a plurality of jurisdictions and a uniformity of Xeer guud (general law). Goverment personnel must abide by Xeer law. Xeer law governs contracts as methods for economic interactions. Xeer law prohibts homicide, assault, torture, battery, rape, accidental wounding, kidnapping, abduction, roberry, burglary, theft, arson, extortion, fraud, tort, damage to property, defanation and breach of contract. Xeer law is supported by the Somali common insurance system which acts as a government compensation scheme and ensures that all victims are paid any compensation that is due.

Xor u maal

We also need to return to 'Xor u maal' as a policy for economic development. This means removing current monopolies, oligopolies and cartels to enable free trade. The government must always act in 'danta guud' aka the greatest good for the greatest number. We must a coherent comprehensive long term plan for sustainable social and economic development, based on self-suffiency, sustainability and long term security.

We can then stand proud in the world once more.

Nabad gelyo. Be in peace.
Futurist

[Futurist]

The concepts of: Xor u maal. Xor u dhalasho. Xeer u dalasho.

Freedom to engage in economic activity. Guaranteed individual liberty. Equality before the law as a birthright.

It is the Somali equivalent of the French "Liberté, Égalité, Fraternité".

[jalaaludin5]

How would you incorporate the xeer law into the political and "democratic" process of electing government? So far all the political parties are qabiil based. What will it take for somali to vote for a political party that matches their beliefs and general views, instead of waa reer hebel?

Soomaali xeer wuxu ku fiicanyay hawdka iyo meel aan laga aqoonin democracy, one man one vote iyo choosing a party for their views iyo fikirka ay xambarsanyin.

Wadani, kulmiye , ucid.....are only political parties by name.
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[X.Playa]

xeer is law , and law has nothing to do with democracy , if you kill a man you should be executed , there is no vote there .

[jalaaludin5]

Are you saying there is no relationship between.... rule of law and democracy?
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[X.Playa]

didn't say that , all I said is Xeer is law , and there is no vote in law , it can only be changed by the collective .

[BigBreak]

'xeerta dhaqanta' would be better to say instead of just xeer since it translates to law.....which code of law though?

[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.
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[X.Playa]

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.
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Human right???? you are muslims , there is no such a thing in islam called human or animal rights. Islam is chop chop whether its the head of a goat or that of a human. You are just been too lofty for the sake of the arguments.

[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.
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Human right???? you are muslims , there is no such a think in islam called human or animal rights.

Temple-ka ciyaarta ka da.
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[X.Playa]

chop chop.

[abdikarim86]

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.
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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.

[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.
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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.

whether it's overrated or not those very same concept are what somaliland try to live up to.


So how would you apply the xeer law alone? For somaliland to be in step with the rest of the world how can forsake democracy and human rights, and just use rule of law? How will it work?
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[abdikarim86]

Jaaludiin I edited my reply.

[abdikarim86]

I would also like to add, Democracy has many meanings and forms. If it means choosing one's leader, then I do not
hold too much against it. Although I believe rule of law and liberty are much more important.

If democracy means that government has the right to decide/make law based on what the majority think/want then I am less keen on it.

Look up Human Rights and its history in the french revolution. It basically means that if you are a good
citizen the government will guarantee your rights, i.e. Cadaalad comes from government.

I can see the first definition of democracy I gave, xeer/islamic law, liberty and may something along the lines
Of the 1669 Bill of Rights co-existing just finely among the Somalis.

One final point. It shouldnt matter if we are in step eith the rest of the world or not. Only if it works for ys or not should be
the only criteria.