Xeer
Encyclopedia
Polycentric law
Polycentric law is a legal structure in which providers of legal systems compete or overlap in a given jurisdiction, as opposed to monopolistic statutory law according to which there is a sole provider of law for each jurisdiction. Devolution of this monopoly occurs by the principle of...
legal system of Somalia
Somalia
Somalia , officially the Somali Republic and formerly known as the Somali Democratic Republic under Socialist rule, is a country located in the Horn of Africa. Since the outbreak of the Somali Civil War in 1991 there has been no central government control over most of the country's territory...
. Under this system, elders
Elder (administrative title)
The term Elder is used in several different countries and organizations to indicate a position of authority...
serve as judges and help mediate cases using precedents. It is a good example of how customary law works within a stateless society
Stateless society
A stateless society is a society that is not governed by a state. In stateless societies, there is little concentration of authority; most positions of authority that do exist are very limited in power and are generally not permanently held positions; and social bodies that resolve disputes through...
and is a fair approximation of what is thought of as natural law
Natural law
Natural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
. Several scholars have noted that even though Xeer may be centuries old, it has the potential to serve as the legal system of a modern, well-functioning economy.
According to one report, the Somali nation did not begin with the common use of the Somali language
Somali language
The Somali language is a member of the East Cushitic branch of the Afro-Asiatic language family. Its nearest relatives are Afar and Oromo. Somali is the best documented of the Cushitic languages, with academic studies beginning before 1900....
by the clan
Clan
A clan is a group of people united by actual or perceived kinship and descent. Even if lineage details are unknown, clan members may be organized around a founding member or apical ancestor. The kinship-based bonds may be symbolical, whereby the clan shares a "stipulated" common ancestor that is a...
s, but rather with the collective observance of Xeer. Xeer is thus referred to as being both the father and child of the Somali nation. An analogous phenomenon is said to have occurred among the neighboring Oromo
Oromo people
The Oromo are an ethnic group found in Ethiopia, northern Kenya, .and parts of Somalia. With 30 million members, they constitute the single largest ethnic group in Ethiopia and approximately 34.49% of the population according to the 2007 census...
nation, which is now under Ethiopian
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
rule.
Under Xeer, there is no authority that dictates what the law should be. The law is instead discovered by judges as they determine the best way to resolve a dispute. As such, the Somali nation by tradition is a stateless society; that is, Somalis have never accepted the authority of any central government, their own or any other. Under Xeer law, Somalia forms a kritarchy
Kritarchy
Kritarchy refers to the rule of judges in ancient Israel during the period of time described in the Book of Judges. Because it is a compound of the Greek words for "judge" and "rule", its use has expanded to cover rule by judges in the modern sense, as well, as in the case of the Somalia, ruled by...
and conforms in many respects to natural law. The lack of a central governing authority means that there is a slight variation in the interpretation of Xeer amongst different communities. The laws that are widely accepted are called xeer guud and those particular to a specific community are referred to as xeer tolnimo.
As with law systems in Western states, the Xeer legal system also demands a certain amount of specialization
Division of labour
Division of labour is the specialisation of cooperative labour in specific, circumscribed tasks and likeroles. Historically an increasingly complex division of labour is closely associated with the growth of total output and trade, the rise of capitalism, and of the complexity of industrialisation...
of different functions within the legal framework. Thus, one can find odayal (judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s), xeer boggeyaal (jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
s), guurtiyaal (detective
Detective
A detective is an investigator, either a member of a police agency or a private person. The latter may be known as private investigators or "private eyes"...
s), garxajiyaal (attorneys
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
), murkhaatiyal (witnesses) and waranle (police officer
Police officer
A police officer is a warranted employee of a police force...
s) to enforce the law.
History
The Xeer legal system is assumed to have developed exclusively in the Horn of AfricaHorn of Africa
The Horn of Africa is a peninsula in East Africa that juts hundreds of kilometers into the Arabian Sea and lies along the southern side of the Gulf of Aden. It is the easternmost projection of the African continent...
since approximately the 7th century. There is no evidence that it developed elsewhere or was greatly influenced by any foreign legal system. The fact that Somali
Somalia
Somalia , officially the Somali Republic and formerly known as the Somali Democratic Republic under Socialist rule, is a country located in the Horn of Africa. Since the outbreak of the Somali Civil War in 1991 there has been no central government control over most of the country's territory...
legal terminology is practically devoid of loan word
Loanword
A loanword is a word borrowed from a donor language and incorporated into a recipient language. By contrast, a calque or loan translation is a related concept where the meaning or idiom is borrowed rather than the lexical item itself. The word loanword is itself a calque of the German Lehnwort,...
s from foreign languages suggests that the Xeer is truly indigenous.
Xeer remained the only foundational system of justice and public order for Somalis until the arrival of Europeans in the late 19th century. After nearly a century of trade ties stemming from European exploration and maritime access to the Indian sub-continent, Britain and Italy established more permanent settlements in Somali territory with the formation of the British Somaliland
British Somaliland
British Somaliland was a British protectorate in the northern part of present-day Somalia. For much of its existence, British Somaliland was bordered by French Somaliland, Ethiopia, and Italian Somaliland. From 1940 to 1941, it was occupied by the Italians and was part of Italian East Africa...
protectorate
Protectorate
In history, the term protectorate has two different meanings. In its earliest inception, which has been adopted by modern international law, it is an autonomous territory that is protected diplomatically or militarily against third parties by a stronger state or entity...
in 1886 and Italian Somaliland
Italian Somaliland
Italian Somaliland , also known as Italian Somalia, was a colony of the Kingdom of Italy from the 1880s until 1936 in the region of modern-day Somalia. Ruled in the 19th century by the Somali Sultanate of Hobyo and the Majeerteen Sultanate, the territory was later acquired by Italy through various...
in 1893.
The two European authorities imported their own national legal systems, but the degree to which the latter applied to the Somali clans varied depending on the purpose and aim of each of the foreign powers. The British, who were principally interested in securing the flow of cattle supplies to Aden
Aden
Aden is a seaport city in Yemen, located by the eastern approach to the Red Sea , some 170 kilometres east of Bab-el-Mandeb. Its population is approximately 800,000. Aden's ancient, natural harbour lies in the crater of an extinct volcano which now forms a peninsula, joined to the mainland by a...
in Yemen
Yemen
The Republic of Yemen , commonly known as Yemen , is a country located in the Middle East, occupying the southwestern to southern end of the Arabian Peninsula. It is bordered by Saudi Arabia to the north, the Red Sea to the west, and Oman to the east....
just across the Red Sea
Red Sea
The Red Sea is a seawater inlet of the Indian Ocean, lying between Africa and Asia. The connection to the ocean is in the south through the Bab el Mandeb strait and the Gulf of Aden. In the north, there is the Sinai Peninsula, the Gulf of Aqaba, and the Gulf of Suez...
from the Somali lands, were content to rule indirectly. The Italians, on the other hand, established significant settlements in the south.
In British Somaliland, the judicial system included the Protectorate Court responsible for all penal matters, first- and second-class district courts, and Kadis Courts. Indirect rule there imposed a more coherent set of laws by explicitly distinguishing between the various jurisdictions of customary, sharia and state statutory legal systems. The 1898 Principal Order-in-Council recognized that Somalis were bound by customary law. The 1937 Kadis Court Ordinance and the 1947 Subordinate Court Ordinance recognized the application of sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
to issues including marriage, divorce, family relationships, personal material responsibilities, and inheritance. By contrast, cases in which the British administration held particular interest were subject to the jurisdiction of the Common Law, Somaliland Ordinances, applicable UK laws, and the Indian Penal Code, as applied at the high court and district courts. Together with limited legal training for Somalis, this served to instill adherence to a common law judicial system in the northern Somali regions.
By contrast, in Italian Somaliland, the Italian civil and penal codes were adopted. However, at first they were applied particularly to foreign nationals rather than Somalis. According to Law No. 161 (5 April 1908), the Italian authority instead recognized Somalis as subject to customary law and sharia, and Royal Decree No. 937 (8 June 1911) established separate sharia courts to preside over Somali family and inheritance matters. By the end of the pre-independence period, however, both Somalis and foreign nationals were subject to a judicial system in three parts. Civil cases were heard by district, regional and appeals courts; penal cases were addressed by assize courts of first-instance and of appeal; and Somalis and other Muslims had access for family matters and minor civil disputes to be heard by qadi
Qadi
Qadi is a judge ruling in accordance with Islamic religious law appointed by the ruler of a Muslim country. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims...
courts of first-instance and appeal. The supreme court heard appeals issuing from each of these subordinate courts, as well as deciding matters of jurisdiction between them.
Despite the obvious differences in the content of their laws and the distinctions between the British common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
legacy in the north and the Italian civil law legacy in the south, the development of the judicial system in both areas was remarkably similar on three fronts. First, both administrations established the supremacy of codified and secular Western law, particularly for significant criminal matters. Second, however, both administrations allowed affairs between Somalis to be settled through customary xeer, at least when threats to the general public order were not concerned. Third, independent judicial mechanisms were established to apply sharia to family and minor civil matters. Overall, this judicial system
maintained a formal governance apparatus that was able to regulate, but not displace, the continued practice of Somali customary justice.
Contemporary use
Xeer is most intact in Northern and Western Somalia; in the south, Italian authorities attempted to eradicate it during the pre-independence period. Nonetheless, it survives to a large extent everywhere, even in urban areas, and it remains virtually unchanged in the countryside. The 4.5 million Somalis living in the OgadenOgaden
Ogaden is the name of a territory comprising the southeastern portion of the Somali Regional State in Ethiopia. The inhabitants are predominantly ethnic Somali and Muslim. The title "Somali Galbeed", which means "Western Somalia," is often preferred by Somali irredentists.The region, which is...
reportedly solve 90% of their disputes with the first court that is formed under Xeer law. Ethiopian authorities often intervene in the remaining 10% of cases, though they usually fail to solve the dispute in a way satisfying all parties. Another Xeer court is consequently formed, perhaps with more judges, and the dispute is finally settled using the customary Somali legal system.
Even during the Siad Barre
Siad Barre
Mohamed Siad Barre was the military dictator and President of the Somali Democratic Republic from 1969 to 1991. During his rule, he styled himself as Jaalle Siyaad ....
administration, Somalis were making use of Xeer where authoritative intervention by the state did not interfere.
The autonomous Somaliland
Somaliland
Somaliland is an unrecognised self-declared sovereign state that is internationally recognised as an autonomous region of Somalia. The government of Somaliland regards itself as the successor state to the British Somaliland protectorate, which was independent for a few days in 1960 as the State of...
macro-region of Somalia has also attempted to incorporate Xeer into its government by appointing 25 elders into the upper house of parliament. This has done little to convince many of the citizens of the legitimacy of the central government. Even though there are statutes permitting taxation, taxation is still illegal under the Xeer. Citizens facing up to tax collectors quickly call their judges to peacefully settle the matter.
The primacy of customary law over the formal judicial system is ubiquitous across Somalia:
Rights under the law
Law and, consequently crime, are defined in terms of property rights. The law is compensatory rather than punitive. Because property rights requires compensation, rather than punishment, there is no imprisonment, and fines are rare. Such fines as might be imposed seldom exceed the amount of compensation and are not payable to any courtCourt
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
or government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
, but directly to the victim. A fine might be in order when, for example, the killing of a camel was deliberate and premeditated, in which case the victim receives not one but two camels. Fines figure in another interesting way. It is expected that a prominent public figure such as a religious or political dignitary or a policeman or a judge should lead an exemplary life. If he violates the law, he pays double what would be required of an ordinary person. Also, since the law and crime are defined in terms of property rights, the Xeer is unequivocal in its opposition to any form of taxation.
Some shortcomings of Xeer that have been cited include the occasional suspension of individual liberties for the sake of communal stability. For example, women are not allowed to speak at Xeer hearings, though they are ultimately protected under the law. People who have migrated to locations far removed from their homes can also find themselves without adequate representation at Xeer proceedings. Additionally, Xeer preferentially applies to groups within the existing Somali clan
Somali clan
The demographics of Somalia describes the condition and overview of Somalia's inhabitants. Demographic topics include basic education, health and population statistics, as well as identified racial and religious affiliations.-Somalis:...
system. As with civil law, the Somali customary law is also vulnerable to instances of crime and violence. In general, however, Xeer is respected by the people, with many expressing confidence in its ability to maintain societal order in times of strife.
To address areas in need of change, the late Dutch legal expert Michael van Notten offers numerous solutions in his comprehensive study on Xeer, The Law of the Somalis: A Stable Foundation for Economic Development in the Horn of Africa (2005). In February 2009, an official conference in the northeastern Puntland
Puntland
Puntland , officially the Puntland State of Somalia , is a region in northeastern Somalia, centered on Garowe in the Nugaal province. Its leaders declared the territory an autonomous state in 1998....
region of Somalia also resulted in an agreement by local elders, who are the guardians of the customary law, to firm up on certain aspects of the Xeer so as to further protect the rights of vulnerable groups such as children, the disabled and women. Another conference was held over five days in July 2010, where the traditional leaders signed a declaration re-affirming their commitment to uphold human rights in their respective communities.
Separation of powers
Somali customary law has a distinct separation between law and religion, however, sometimes it's similar to the ShariaSharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
depending on the actual case. Xeer in Somalia is similar to many Western secular states that separate religion and state. Xeer is used except in matters of family and inheritance, on which religion is paramount, in which case Somalis follow Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
law. Though even in such cases if there is conflicting views between Xeer and Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
, Xeer normally takes precedence. There is a Somali saying:
- “Diinta waa labaddali karaa, xeer se lama baddali karo”
Which clearly shows how religion is a matter of a private, individual business, while the law is communal and public, subject to all.
Unlike Western states, however, Somali society surprisingly also makes a distinct separation between law and government. Whereas in most Occidental legal systems government officials determine and write the law, in the Xeer legal system government is expressly prohibited from interfering with the law.
To this effect, even though anyone can perform the duties of a judge if chosen to do so, no one acting as either a political or religious leader may be a judge.
Insurance
In order to assure that compensation will be forthcoming even in cases where the perpetrator is a child, or penniless, or mentally ill, or has fled abroad, the Xeer requires that every person be fully insuredInsurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
against any liability he might incur under the law. If an individual cannot make the required payment, a designated group of his kin are responsible. Van Notten describes in an interesting way how this happens:
If the family tires of bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
ing out a repeat offender, they can disown him, in which case he becomes an outlaw
Outlaw
In historical legal systems, an outlaw is declared as outside the protection of the law. In pre-modern societies, this takes the burden of active prosecution of a criminal from the authorities. Instead, the criminal is withdrawn all legal protection, so that anyone is legally empowered to persecute...
"Dayro." Not being insured, he/she forfeits all protection under the law and, for his safety, must leave the clan territories or even the country. Customary law is similar in this and many other respects throughout the world.
Oday
Every Somali has his own judge, appointed at birth, who will sit on the court that will judge him. That judge is his oday, the head of his extended family consisting of all males descended from the same great grandfather, together with their spouses and children.The oday, or judge, is chosen carefully, following weeks or months of deliberation by elders of the clan. He has no authority over the family but is chosen solely for his knowledge of human affairs and his wisdom, and he can lose his position if his decisions are not highly regarded in the community.
A virtue of each person knowing from birth who will be one of his judges, and vice versa, is that an oday knows each person in his extended family intimately and can observe and counsel him before what might seem to be a small problem escalates into a crime.
Clan structure
The Somali are born into extended families or clans, which are politically independent. No clansman will accept being ruled by a member of another clan any more than he would accept being ruled by someone from his own clan. The clans may band together to form a juffo, and the size increases.A jilib, which may number several thousand people, protects the rights of its members and engages in social and political activities as the need arises. A jilib consists of several extended families, which is the group responsible for paying the blood price in the event a member kills someone of another jilib or clan.
George Ayittey
George Ayittey
George Ayittey is a Ghanaian economist, author and president of the Free Africa Foundation in Washington DC. He is a professor at American University, and an associate scholar at the Foreign Policy Research Institute...
explains the dynamics of the clan structure as fluidic, depending on each individual Somali's needs:
Court procedure
When an offense is committed, it is categorized in many ways: if it is related with blood it's criminal "Qoon or Qoomo," and if it's not related with blood, which could be - civil suit or conflict or disagreement on some thing - it becomes a "Garr." In a murder case, the offender flees to a safe place - including outside the country - to avoid prosecution or execution "Qisaas." However, if, the case is not murder, the offender always goes first to his/her leader "oday," - "Oday" could be any leader or elder with in the family or close relative - who then forms a court with the oday of the plaintiff. If the two odays cannot resolve the matter, they form another court made up of odays representing additional families, jilibs, or clans. According to xeer, it is incumbent upon the aggrieved clan to make the necessary investigations into an incident and determine the harm committed before presenting their case to other clans.A case is always heard at the lowest level of the clan that is possible. This ranges from the qoys (nuclear family), up through the reer (closest relatives), jilib (first diya group), and laaf (sub-clan) to the qolo (clan). The elders chosen to act as judges over a dispute are known as xeer beegti. The most senior xeer beegti within a qolo or clan becomes the personal legal adviser of the leader of the clan. For a given case, however, the xeer beegti are usually a mixed group drawn from the aggrieved clan, the offending clan and possibly a neutral, third-party clan if needed. Xeer cases prevent several different types of individuals from participating in dispute adjudication; persons who have close family relations with the parties, persons who have personal grievances against either party, and persons who have previously sat in judgment of the same case are all excluded. As mentioned before, religious and political leaders are also not allowed to be judges in a case.
Once a court is formed and has accepted jurisdiction over a case, its first action is to appoint a recorder who will memorize, repeat and summarize the oral proceedings for the elders. The court then announces when and where it will hear the case.
When the court session opens, the court invites the plaintiff to state his case. The plaintiff has the right to appoint a representative to make the presentation on his behalf. During the presentation, the plaintiff has the opportunity to confer with his family to make sure that he has not forgotten anything. When the plaintiff has finished, the court asks him to summarize his case and state his demands. Lastly, the court asks the defendant to present his defense and any counterclaims.
Then the court adjourns to deliberate on whether any witnesses should be heard. A disputed fact is admitted as evidence only when three witnesses have testified to its truth. The parties can also call in experts and character witnesses. If the victim has died or has been wounded, the court will instruct a religious dignitary to assess how the victim died or was wounded. These dignitaries assess injuries usually by applying the standards enumerated in the commentary of the 12th-century Muslim scholar al-Nawawii's Minhaaj at-Talibiin. When the plaintiff has elaborated his case with witnesses and evidence, the defendant is given a chance to refute the plaintiff's charges, arguments, and evidence. It is not customary to cross-examine witnesses.
Finally, the court adjourns again to evaluate the evidence. If less than three witnesses support a fact, or if the witnesses contradict each other, the court will proceed to oath taking. There are several types of oaths. The simplest starts by the oath giver saying, "I swear by my virility." Alternatively, he can say, "I swear by Allah," or sometimes put his right hand on the Qur'an
Qur'an
The Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...
. A stronger oath is the so-called triple oath, in which he swears the same oath of Allah three times. A stronger oath yet is one that is repeated 50 times which is participated by 50 members of the defendant's "Juffo or Jiffi"; this oath is taken when the victim is murdered mysteriously and the body is found in the territory of a clan which denies the crime, or if an accused defendant refuses the allegations. Also, there is the so-called divorce oath "Xila fur," in which the oath giver swears by his marriage(s). If it is later found out that he lied, his marriage(s) become null and void.
Even when the plaintiff fails to convince the court of his case, the court will usually not rule in favor of the defendant until the latter has taken an oath of innocence.
The final verdict is referred to as garr in Somali.
Local acceptance
Many Somalis remain skeptical of any form of central authority and perceive the government's courts as unjust. In the words of a local Somali living in Garowe:Most Somalis, progressive and conservative alike, still support this system. Many people believe that xeer is the justice system best suited to Somalia, a nation where the oral tradition of xeer and the emphasis on long-lasting relationships make it effective in a way that a more conventional system would perhaps not be. In the words of a program officer at a local non-governmental organization
Non-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...
:
Customary legal systems
- Anglo-Saxon lawAnglo-Saxon lawAnglo-Saxon law is a body of written rules and customs that were in place during the Anglo-Saxon period in England, before the Norman conquest. This body of law, along with early Scandinavian law and continental Germanic law, descended from a family of ancient Germanic custom and legal thought...
(EnglandEnglandEngland is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
) - Frith-borh
- AqsaqalAqsaqalAqsaqal in Turkic languages literally means "white beard", and metaphorically refers to the male elders, the old and wise of the community...
(Central AsiaCentral AsiaCentral Asia is a core region of the Asian continent from the Caspian Sea in the west, China in the east, Afghanistan in the south, and Russia in the north...
) - AdatAdatAdat in Indonesian-Malay culture is the set of cultural norms, values, customs and practices found among specific ethnic groups in Indonesia, the southern Philippines and Malaysia...
(Malays of NusantaraNusantaraNusantara is an Indonesian word for the Indonesian archipelago. It is originated from Old Javanese and literally means "archipelago".The word Nusantara was taken from an oath by Gajah Mada, as written on an old Javanese manuscript Pararaton and Negarakertagama...
) - UrfUrfUrf العرف is an Arabic Islamic term referring to the custom, or 'knowledge', of a given society. To be recognized in an Islamic society, Urf must be compatible with Sharia law...
(Arab worldArab worldThe Arab world refers to Arabic-speaking states, territories and populations in North Africa, Western Asia and elsewhere.The standard definition of the Arab world comprises the 22 states and territories of the Arab League stretching from the Atlantic Ocean in the west to the Arabian Sea in the...
/Islamic lawShariaSharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
) - PashtunwaliPashtunwaliPashtunwali or Pakhtunwali is a non-written ethical code and traditional lifestyle which the indigenous Pashtun people from Afghanistan and Pakistan follow. Some in the Indian subcontinent refer to it as "Pathanwali". Its meaning may also be interpreted as "the way of the Pashtuns" or "the code of...
and JirgaJirgaA jirga is a tribal assembly of elders which takes decisions by consensus, particularly among the Pashtun people but also in other ethnic groups near them; they are most common in Afghanistan and among the Pashtuns in Pakistan near its border with Afghanistan...
(PashtunPashtun peoplePashtuns or Pathans , also known as ethnic Afghans , are an Eastern Iranic ethnic group with populations primarily between the Hindu Kush mountains in Afghanistan and the Indus River in Pakistan...
s of PakistanPakistanPakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
and AfghanistanAfghanistanAfghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
) - SmritiSmritiSmriti literally "that which is remembered," refers to a specific body of Hindu religious scripture, and is a codified component of Hindu customary law. Smṛti also denotes non-Śruti texts and is generally seen as secondary in authority to Śruti. The literature which comprises the Smrti was...
and ĀcāraAcaraAcara may refer to:* Acara , a former region of the Ottoman Empire in present-day Georgia* Blue acara, a colorful freshwater fish* Zebra acara, a tropical freshwater fish...
(IndiaIndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
) - CoutumeCoutumeCoutumes are legal customs of France.During the Middle Ages and early modern period the French kings and their vassals constantly asserted the importance and, in effect, primacy of customary law, especially in the lands north and west of Paris. The area where the French customary law was in force...
(FranceFranceThe French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
) - Customary Aboriginal lawCustomary Aboriginal lawCustomary law in Australia relates to the systems and practices amongst Aboriginal Australians which have developed over time from accepted moral norms in Aboriginal societies, and which regulate human behaviour, mandate specific sanctions for non-compliance, and connect people with both each other...
(AustraliaAustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
) - Early Germanic lawEarly Germanic lawSeveral Latin law codes of the Germanic peoples written in the Early Middle Ages survive, dating to between the 5th and 9th centuries...
- Early Irish law (IrelandIrelandIreland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
) - Laws of the Brets and ScotsLeges inter Brettos et ScottosThe Leges inter Brettos et Scottos or Laws of the Brets and Scots was a legal codification under David I of Scotland...
(ScotlandScotlandScotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
) - Medieval Scandinavian laws
- Welsh LawWelsh lawWelsh law was the system of law practised in Wales before the 16th century. According to tradition it was first codified by Hywel Dda during the period between 942 and 950 when he was king of most of Wales; as such it is usually called Cyfraith Hywel, the Law of Hywel, in Welsh...
(WalesWalesWales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
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External links
- CHF InternationalCHF InternationalCHF International is an international development and humanitarian aid organization that operates in approximately thirty countries per year. The non-profit organization was founded in 1952 as the Cooperative Housing Foundation and provided affordable housing for low-income families in rural and...
, Grassroots Conflict Assessment in the Somali Region (Includes a discussion of the role of Xeer) - The Free Africa FoundationFree Africa FoundationThe Free Africa Foundation is a Washington, D.C.-based think tank headed by economist George Ayittey which criticizes corruption, oppression, and mismanagement in African governments, and advocates for democratic reform. Its board includes Makaziwe Mandela and Larry Diamond...
, Free the Somali People (Commentary on Somalia and the Xeer by economist George AyitteyGeorge AyitteyGeorge Ayittey is a Ghanaian economist, author and president of the Free Africa Foundation in Washington DC. He is a professor at American University, and an associate scholar at the Foreign Policy Research Institute...
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