Al Dhoobe
Dr. Dhoobe
The xeer system is used throughout the Somali peninsula and has been the basis for legal judicial rulings since the 7th century( according to historians). This system is based on ancient rulings that predate Islam in East Africa. For example, traditionally if someone was to offer his/her daughter in marriage, and the male suitor refused, he; under the xeer system would have to pay a fine known as "Xaal" in camels for bringing disgrace to the female. Another example is tribal insurance, where if a man from clan X injures or kills a man from clan Y, then clan X is responsible for mediating and paying the blood money in full in order for there to remain peace.
Since legal systems are usually the oldest form of governance for any society, the xeer system can be used as proof that Somalis inhabited the peninsula long before the formation of today's clans which many claim to have arrived post Islam. Xeer legal system is unique specifically to the peninsula and contains no loan words from any other languages which solidifies it's indigenous nature and also gives credence to the opinion that somalis have always inhabited the horn
Now, this system is still predominately existent in Somaliland & kililka shanaad(not sure regarding pland). It is the only system that the clans who inhabit these aforementioned regions fully agree on. Any time there is tribal disputes, the skirmishes turn into a tit for tat until the xeer system is applied. Since this system is the only basis of law somalis historically know, can it be said that this is a regressive system that holds somalis back from taking part in the global community, or is it compulsory in order to keep somalis from falling into utter chaos?
Since legal systems are usually the oldest form of governance for any society, the xeer system can be used as proof that Somalis inhabited the peninsula long before the formation of today's clans which many claim to have arrived post Islam. Xeer legal system is unique specifically to the peninsula and contains no loan words from any other languages which solidifies it's indigenous nature and also gives credence to the opinion that somalis have always inhabited the horn
Now, this system is still predominately existent in Somaliland & kililka shanaad(not sure regarding pland). It is the only system that the clans who inhabit these aforementioned regions fully agree on. Any time there is tribal disputes, the skirmishes turn into a tit for tat until the xeer system is applied. Since this system is the only basis of law somalis historically know, can it be said that this is a regressive system that holds somalis back from taking part in the global community, or is it compulsory in order to keep somalis from falling into utter chaos?
