Xeer

Xeer‏‎, also known as Somali customary law, is a traditional system of law used in Somalia and the Somali diaspora. It is a non-codified form of legal rule within the Somali community, which predates colonial influences and is more widely observed in the country than the formal statutory law.

Overview

Xeer is a polycentric legal system where there is no monopolistic agent that determines what the law should be. It is characterized by a set of rules and regulations that guide the Somali community in various aspects of life. The system is based on the principle of paying diya (blood money) for crimes committed, which is a common practice in many other Islamic and tribal societies.

Principles

The principles of Xeer can be divided into several categories, including contracts, property rights, and criminal justice. In terms of contracts, Xeer requires all agreements to be underpinned by a certain amount of trust. Property rights under Xeer are typically defined by custom and tradition, and disputes are often resolved through mediation by elders. In the criminal justice sphere, Xeer prescribes a system of restitution, where the perpetrator of a crime is required to compensate the victim or their family.

Role of Elders

In the Xeer system, elders play a crucial role as mediators and judges. They are chosen based on their knowledge of the law, their integrity, and their ability to maintain neutrality. The elders' council, known as the Guurti, is responsible for interpreting the Xeer and making judgments in legal disputes.

Modern Application

Despite the advent of statutory law, Xeer continues to be widely practiced in Somalia, particularly in rural areas and among the diaspora. It is often used in conjunction with Islamic law and, to a lesser extent, statutory law. The resilience of Xeer can be attributed to its flexibility, its deep roots in Somali culture, and its ability to fill the void left by the absence of a strong central government in Somalia.

See Also

• Law of Somalia
• Culture of Somalia
• Somali diaspora