The Somali Customary Law

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THE ELEMENT
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The Somali Customary Law

Post by THE ELEMENT »

The five main characteristics of the Somali customary law are:

* No punishment for crimes, only restitution or compensation.

* No public prosecutors, no victimless crimes.

* Fines are limited and must be paid to the victim or to his family.

* Every person is insured for his liabilities under the law.

* Judges are appointed by the litigants, not by society.

As you are all aware, it has been ten plus years since Somalis send the dictatorship regime packing. Peace has been established in most part of the country since and prosperity is slowly but surely increasing.

...So, is it fair to say this peace has been achieved by upholding the Somali customary law? Why or why not?

I would love to hear your take on this Smile
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mahamed99_sex
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Post by mahamed99_sex »

No public prosecutors


wat,lat time i checked they did this.public prosectution.wat u tallking abt
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gurey25
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Post by gurey25 »

This is from Micheal van nottens book the Law of the Somalis.

I believe van notten was married to a gadabursi woman, and was working on establishing a Road, and fishing company in Awdal called Awdal roads.

He died 2 years ago i think.
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Grant
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Post by Grant »

I have always been fascinated by Somali jurisprudence, mostly because it works and the government is not involved.

One thing that had everyone a-twitter when I was there was the conviction of the Volunteer at the school at Sheck of "rape of a horse". Embarassed

It seems he bought a stud that impregnated a mare, the owner of which wanted to use a different stud horse. He had to pay a fine.

That had all of us volunteers scared of shariica. Wink
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Post by gurey25 »

Grant it is now available on Amazon.
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LionHeart-112
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Post by LionHeart-112 »

This type of customary law (a lot of which has its roots in Islam) is found not just in Somalia but in many parts of the world, including Afghanistan and Pakistan.
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Post by PH.D. »

I think somali customary law is a mix of some elements of the European legal code and Islamic features.
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LionHeart-112
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Post by LionHeart-112 »

^^more like a mix of old tribal and Islamic laws.
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Post by PH.D. »

^go somewhere else and molest kids Laughing
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Post by LionHeart-112 »

not the typical response from a Phd candidate...wait, i forgot i was talking to a cago dheer with dreams he will never achieve.. Laughing Laughing
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Post by PH.D. »

^being cagdhere and having a phd is something u will never achieve Laughing
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Post by LionHeart-112 »

Being cagodheer-something i wouldn't wish on my worst enemy.

Being a Phd holder-unnecessary in my field as an MBA will get me wherever i want.

Joke is on you, donkey. Laughing Laughing Laughing
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Post by PH.D. »

lh-admit it biatch, ur jealous of my cagdhereness and phd degree, orod ooiy Laughing
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Post by X.Playa »

Ph.d are you Ogaadeen and Ph.d hopefull? you must be the first Ogaadeen who ever graduated from high school, i guss you can take over USAaid and make the NGO a family business.
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