Issues Archive

  • Published November 21, 2022

    Since the collapse of Somalia’s central government in 1991, access to justice has been a major challenge, leaving a vacuum that Al-Shabaab has exploited. The militant group operates shadow Islamic courts in territories under its control, ruling on land disputes, contracts and criminal cases. These tribunals are perceived by many Somalis as faster, cheaper and less corrupt than official government courts. While government judicial systems often suffer from delays, backlogs and high legal costs, Al-Shabaab’s courts are accessible, free to file cases and enforce rulings swiftly, albeit under a harsh interpretation of Sharia law. Their perceived impartiality, even toward minority clans, has helped them gain acceptance in some government-controlled areas and even among diaspora communities. In contrast, Somalia’s official judiciary is plagued by corruption, political interference and lack of enforcement capacity. Many Somalis, especially in rural areas, turn to Al-Shabaab’s system for swift resolutions. To counter this influence, Somalia’s federal government must reform its judiciary to be transparent, efficient and accessible. Eliminating reliance on militant courts will require significant investment, professional training and a renewed commitment to justice that serves all Somalis equally.

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