Issue No. 687

Published 29 May 2024

Pluralism at work: 'Justice' in Somalia

Published on 29 May 2024 15:02 min

Pluralism at work: 'Justice' in Somalia

The contested nature of Somalia's justice system has been thrown into stark relief in recent weeks following the sentencing of Sayid Ali Moalim to death for the murder of his wife, Lul Abdiaziz, in January 2024.  Having brutally murdered his wife, Moalim initially fled Mogadishu to his village Adaley in the Mudug region to seek the protection of his clan. Mounting pressure from Somali parliamentarians and widespread public outcry, however, led to Moalim's eventual apprehension and return to prison in the capital. But clan divisions that have subsequently erupted following his sentencing encapsulate the country's fractured justice system. Following her murder, Abdiaziz's family vowed to delay her burial until Moalim was formally convicted of murder, despite pressure on her family to have the charges dropped in exchange for traditional blood money compensation. The perpetrator's family had pressed for the case to be resolved through Xeer, publicly denouncing the federal court verdict in March 2024.

While Somalia's Provisional Constitution currently outlines a three-tiered judicial system -- a Constitutional Court, a federal and a state-level court -- this framework remains largely unimplemented. Instead, the current 'pluralist' justice system is a patchwork of three main sources of law— statutory, Sharia, and customary law, known as 'Xeer.' Of these, Xeer law is the most prominent, developed over centuries of oral tradition to semi-regulate internal clan dynamics and inter-clan relationships.

Government courts are scarce, often dealing with years-long backlogs, public perceptions of bias and non-binding rulings. Endemic corruption, fragmentation within the system, and judicial inability to enforce rulings render the formal system largely ineffective in delivering justice. In this void, military courts sometimes fill the gap, but their prosecutions, including prosecuting errant officers, are inconsistent at best. And many criminals in the military courts avoid due process because of their clan affiliations. The US State Department's 2023 annual report on human rights practices in Somalia reported that while some officials were prosecuted for human rights violations, "impunity generally remained the norm." Additionally, there is significant variation in how different systems and legislation are applied both within and between the Federal Member States.

Conversely, Xeer has long been central to Somali identity and continues to be used nationwide, handling issues from petty crime to family disputes to murder charges. Dependent on consensus, all parties must follow the final agreement, typically negotiated by clan elders. While these negotiations are often used to resolve possible inter-clan conflicts peacefully, Xeer's emphasis on consensus and preventing retaliatory bloodshed still comes at a cost. In relation to murder, clan elders typically wield financial reparations, known as 'diya' in Islamic jurisprudence, as 'blood money' to settle inter-clan disputes. While this can help prevent further violence, it can also grant murderers impunity, as the negotiated settlement process is seen as a form of social rehabilitation for the perpetrator. This method of adjudication is often preferred by the more influential clans, as compromise leans in their favour. For weaker clans and the victims and their families, the pressure to settle for peace frequently comes at the expense of justice.

In cases of sexual violence, the perpetrator is often formally arrested by state security forces before clan representatives intervene in the legal process. While the government system rarely produces a survivor-centred trial that results in lengthy sentences for abuses, neither is Xeer a system that women and girls can rely on to serve their best interests. Xeer remains a system that is wielded for the benefit of the patriarchal clan system, not the individual survivors of sexual violence. When compensation is agreed on between clan elders, historically in camels or other goods, it is paid to the clan, not the survivor. Upon payment, the perpetrator is free from further punishment, while the woman or girl can be forced to marry her abuser.

Many Somalis also harbour deep suspicions about the federal and regional courts' efficiency, as well as their ability to enforce rulings. As a result, many turn to Al-Shabaab's 'shadow court' system, which combines elements of Xeer and Sharia to handle land disputes, resource competition, and even inter-clan conflict. Indeed, in much of southern Somalia, Al-Shabaab courts are the primary dispenser of 'justice' and are widely regarded as less corrupt than their state counterparts. This is particularly true for those from Somalia's ethnic minorities and minority clans, who may be apprehensive about likely discrimination by government-appointed judges and so are enticed by supposed Al-Shabaab impartiality. Al-Shabaab's speedy court sentences typically range from a few lashes for adultery to the death penalty for more serious offences. These courts are underpinned by the promise of violence meted out to those who disregard its rulings.

With justice so inconsistently applied, influential politicians and wealthy individuals can often easily bypass the formal judicial system and ignore rulings. Even some of the most notorious Al-Shabaab militants in recent years have been 'rehabilitated' without ever seeing a court. For example, in December 2015, Al-Shabaab leader Zakaria Ismaa'iil Ahmed surrendered to federal authorities in the Gedo region of Jubaland. Ahmed had a USD 3 million bounty from the US government on his head but he was comfortably housed in Mogadishu. He never saw the inside of a courtroom; instead, he joined the National Intelligence and Security Agency and became head of the agency's intelligence directorate.

During the early months of the offensive against Al-Shabaab from mid-2022 onward, amidst promises of 'total war' against the extremist group, the federal government vowed to close all Al-Shabaab courts within two years. This period has all but elapsed. Rather than Al-Shabaab's courts weakening in influence, they arguably remain more influential than the federal justice system. As the horrific murder of Lul Abdiaziz has highlighted, the general acceptance of government courts remains limited, even in such extreme circumstances. It remains a tall order to try and shutter the shadow courts and diminish the influence of Xeer, but the continued politicisation of the judiciary and courts is dashing any chances of a state system gaining traction across the country.

By the Somali Wire Team

To continue reading, create a free account or log in.

Gain unlimited access to all our Editorials. Unlock Full Access to Our Expert Editorials — Trusted Insights, Unlimited Reading.

Create your Sahan account Login

Unlock lifetime access to all our Premium editorial content

You may also be interested in

Issue No. 129
Centring North Eastern Kenya - The Rise Of Kenya's Ethnic Somalis
The Horn Edition

A president does not pay a visit to Wajir by accident. When William Samoei Ruto chose Wajir as the centre stage for Kenya’s Madaraka Day celebrations on 1 June — the first sitting president to do so — he was not merely varying the ceremonial calendar. He was making a premeditated statement about who belongs at the centre of Kenya’s state and who no longer belongs at its margins. The message was not merely ‘taking Nairobi to NorthEastern.’ It was the centring and mainstreaming of an ethnic Somali-dominated region that, for much of Kenya’s post-colonial history, has been treated as a security issue rather than a political constituency.


28:45 min read 26 Jun
Issue No. 962
Somaliland’s Recognition Angst
The Somali Wire

Somaliland President Abdirahman Irro’s trip to Israel in June (from 14-17) was far more than symbolism. Not only was it a calculated strategic diplomatic play, and a chance for Somaliland to appear on the world stage, but also an opportunity for Somaliland to present itself as a fully-functional state, able to conduct foreign relations and cut bilateral deals. Irro, a seasoned former diplomat, navigated the intricate demands of state protocol with remarkable ease - cutting an immaculate, regal figure in his navy-blue suit. Accorded full head-of-state honours, he laid a wreath at the Theodore Herzl mausoleum, engaged in high-level talks with President Isaac Herzog and Prime Minister Benjamin Netanyahu, opened the new Somaliland embassy in Jerusalem and convened meetings with Knesset members, senior officials, and business leaders. For Israel, hosting President Abdirahman Irro in Jerusalem functioned to signal its strong commitment to deepening strategic ties while also countering perceptions of waning diplomatic momentum.


22:37 min read 24 Jun
Issue No. 961
Deciphering Al-Shabaab's Radio Silence
The Somali Wire

Never interrupt your enemy when they are making a mistake. Napoleon Bonaparte’s classic rule of combat seems to be the guiding doctrine behind Al-Shabaab’s sudden, uncharacteristic radio silence as Mogadishu’s political elite tear themselves apart. As the ‘government-in-waiting’, one would have assumed the militants would take full advantage of its adversaries’ internal divisions, maximising the propaganda opportunities this offers, and campaign for their own cause. Typically quick to weaponise any intra-Somali division, the militant group's decision to sit out the latest intra-Somali fracturing is intriguing. By withholding its usual blitz of propaganda, the group is playing a longer, quieter game - waiting for the federal house to implode further before stepping in.


20 min read 17 Jun
Issue No. 960
The Galmudug Vote – The Next Powder Keg
The Somali Wire

While much international attention is on Mogadishu – understandably so - another electoral crisis is brewing in the regional state of Galmudug. Historically unstable, prone to Al-Shabaab violence and destabilisation and wracked by chronic inter-clan frictions and periodic armed hostilities, the looming vote appears likely to aggravate the situation and foment more divisions.


7:13 min read 10 Jun
Issue No. 959
Mogadishu on the Edge: The Danger Has Not Passed
The Somali Wire

Two days of heavy clashes (3–4 June) in the Somali capital, Mogadishu, between federal troops and opposition-aligned forces have underscored both the fragility of the city’s security environment and the volatility of electoral politics. Although relative calm has since returned to the two hardest-hit districts - Hawl Wadaag and Abdiaziz - and mediation efforts have intensified, tensions remain high, fuelling fears of renewed armed skirmishes. Credible reports of mass clan militia mobilisation on the edges of Mogadishu speak to a conflict that is widening. The militarisation of politics and elite fragmentation over the electoral process have shattered a core assumption: that Somali leaders will ultimately step back from the brink to negotiate a way forward. Consequently, the country is entering a perilous phase in which domestic factions alone cannot resolve the impasse, making neutral, external mediation a necessity.


10:12 min read 08 Jun
Issue No. 958
Deni and the Tough Road Back to Mogadishu
The Somali Wire

Puntland President Sa'id Abdullah Deni is unofficially in the race for the federal presidency of Somalia. By most accounts, the regional leader is running again and this explains his re-engagement with Mogadishu after a three-year hiatus. Driven by shifting electoral dynamics, Deni’s decision to re-engage with the centre forces him to confront a radically altered political landscape in Mogadishu. Under President Hassan Sheikh Mohamud (HSM), the federal government has rewritten the rules of Somali politics, altering the institutional framework and consolidating executive authority.


8:08 min read 03 Jun
Issue No. 128
The US Eritrea Pivot – Opportunities, Risks, Dilemma
The Horn Edition

A flurry of media reports in recent months suggest the US and Eritrea could be inching towards a potential deal to reset decades of frosty relations and a partial lifting of American sanctions imposed in 2021. The news of discreet talks between the two sides, mediated by Egypt, was initially reported by the influential Washington Post newspaper in April 2026 and have since been partially confirmed by official sources.


34:56 min read 29 May
Issue No. 957
How Somalia's South West Vote Went South
The Somali Wire

On 10 May, the Federal Government of Somalia (FGS) unilaterally conducted its contentious 'one-person-one-vote' (OPOV) electoral model in South West State (SWS), directly overriding opposition demands for a negotiated, consensus-based framework. Crucially, the very laws underpinning these OPOV elections are themselves deeply contested: the electoral framework was created following a rushed revision of Somalia’s constitution that many federal member states and opposition groups rejected. The vote, exclusively managed by the National Independent Electoral and Boundaries Commission (NIEBC), saw localised polling in 13 districts and across 126 poll centres and 276 stations. While 376,212 citizens were registered, actual turnout reached 132,430 voters - a participation rate of approximately 35.2% - with 128,276 valid ballots cast and 4,154 deemed spoilt/invalid. The electoral outcome, unsurprisingly, solidified a decisive mandate for Hassan Sheikh Mohamud’s Justice and Solidarity Party (JSP); the governing party secured an absolute majority of 51 out of 95 contested legislative seats, comfortably outpacing its closest rival, Sharif Hassan Sheikh Aden’s Ururka Horumarka, which claimed 14 seats.


17:12 min read 27 May
Issue No. 956
The Perils of a Grey Transition
The Somali Wire

The Federal Government of Somalia (FGS) has effectively entered a 'grey transition' - a deeply fraught and hotly-contested interregnum that could upend decades of state-building and foment greater instability. By utilising the March 2026 constitutional amendments to extend his presidential mandate until May 2027, Hassan Sheikh Mohamud (HSM) has effectively plunged the fragile Horn of Africa state into a profound period of severe internal strain and legitimacy crisis. This legalistic manoeuvre has roiled domestic politics and put Western partners of Somalia in a difficult spot. If Somalia's Western allies concede to HSM's fait accompli without extracting concessions from him on a negotiated settlement, they are likely to embolden Hassan Sheikh.


0 min read 20 May
Scroll