Gender and Somalia's Judicial System

As most people know, Somalia has an overwhelmingly patriarchal culture. Polygamy is permitted, but polyandry is not. Under laws issued by the former government, female children could inherit property, but only half the amount to which their brothers were entitled. Similarly, according to the tradition of blood compensation, those found guilty in the death of a woman must pay only half as much to the aggrieved family as they would if the victim were a man. In addition, the traditional practice of Female Genital Mutilation (FGM) is universal throughout the country of Somalia. About 98% of women undergo this harmful procedure. Infibulation, the most dangerous form of FGM, is the most common practice in Somalia.

In addition, there is no national judicial system in Somalia. The judiciary in most regions relies on some combination of traditional and customary law, Shari’a law, the penal code of the pre-1991 Siad barre government, or some combination of the three. For example, in Bosasso and Afmedow, criminals are turned over to the families of their victims, which then exact blood compensation in keeping with local tradition. Shari’a courts continue to operate in several regions of the country, filling the vacuum created by the absence of normal government authority. Shari’a courts traditionally ruled in cases of civil and family law, but extended their jurisdiction to criminal proceedings in some regions beginning on 1994. In northwestern Somalia, the “Republic of Somaliland” adopted a new constitution, based on democratic principles, but continues to use the pre 1991 penal code. A United Nations report tells of a lack of trained judges and of legal documentation in Somaliland, which causes problems in the administration of justice. In Barder, courts apply a combination of Shari’a law and the former penal code. In south Mogadishu, court decisions are based solely on Shari’a Law. There are also five Islamic courts operating in Mogadishu, which generally refrain from administering the stricter Islamic punishments (i.e. amputation, etc.), but their militias implement many of these punishments anyway.