Somalia is a backward country; people here still do not compromise on their traditions and the ways of their elders. Even in the era of modern governance, Somali people depend on the traditional justice system and understand it better. A large population here consists of tribes, lives as tribes, and is identified only because of tribes. Each tribe has a chief who makes the decisions of his tribe under the traditional justice system.
Even today, seventy percent of the people here trust the traditional justice system. A traditional justice system in Somalia is known as Xeer, and a large community relies on it. Government officers also must implement the decisions of the Jirga. Even in today’s age of modern development, the people of Somalia only believe in their traditional method of justice.
The Role of Xeer in Modern Somali Governance
An example of customary law in Somalia is the Xeer which is practiced in many regions here. Most of the people living in rural areas and people living in the form of tribes give importance to this law. This law plays a central role in the field of justice where state institutions fail due to political instability.
The chiefs in every region and tribe and in the villages are decision makers and people respect their decisions. Seventy percent of the people here still respect and accept this traditional law.
Impact of Traditional Justice Systems on Legal Reform
People in Somalia believe more in their traditional law Xeer than the official law based on legal reforms, which is why the government of Somalia has included Xeer in the legal reforms under the new reforms.
People prefer to seek justice under the same customary law instead of going to distant courts because access to customary law is easy and quick. This is the reason why forty-five percent of the people of Somalia believe in traditional justice instead of civil justice courts. This customary law has greatly influenced the drafting of new laws.
Challenges and Integration of Customary Law with State Courts
Due to the belief of the people of Somalia in the traditional courts instead of the political courts, the Somali government has also attached the traditional courts to the state courts. While the benefits of this thing have been seen for the Somali people, its challenges have also come to the fore.
The procedures of both courts are different from each other. The procedure of justice courts is a bit long while the traditional method of justice is faster. Now more than 40 percent of people believe in the Xeer sand method law, which makes the state courts distrustful, which is why the method is being phased out.
Finally, because Somalis have full faith in the Xeer system of traditional justice, this has led to distrust of state courts. In most rural areas, only the traditional law system is applicable, but it is necessary to start a hybrid system by which the people are satisfied with both traditional and state courts. Somalia is facing many challenges due to such separate legal systems.
