Xaqdoon Law Firm (Somaliland): Legal Pluralism, Death Penalty in the Somali Penal Code

Xaqdoon Law Firm (Somaliland): Legal Pluralism, Death Penalty in the Somali Penal Code

The judiciary and justice institutions are concentrated in urban areas with little or no presence in rural and nomadic communities. The customary system is prevalent in these areas. But also, it used in urban settings for both civil and criminal cases. The customary system fills the vacuum in places where justice institutions are not present. Arguably in an increasing rate, Sharia Law based offices serve as alternative dispute resolution (ADR) mechanisms in urban places, particularly in Hargeisa. The Sharia-based ADR offices do not exist in rural and nomadic areas. Their usage is relatively new, and accessible for town people who can pay fees. With this pluralistic system, there is no legal framework governing the relationships of the three systems. This legal lacuna raises many questions and often complicates the process where there are incidents of overlap, forum fishing and challenges in the enforcement of decisions.

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Xaqdoon Law Firm (Somaliland): Legal Pluralism, Death Penalty in the Somali Penal Code
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