February 17, 2024

Transforming Somali Customary Laws: A Quest for preventing conflict and GBV- Sept 2020

In pursuit of a brighter future, efforts were dedicated to supporting religious leaders in reintroducing significant changes to key components of Somali Customary laws, with the aim of preventing conflicts and addressing Gender-Based Violence (GBV).

The Somali community, an oral society, adheres to a set of customary laws to resolve conflict incidents. Passed down through generations, these laws are imparted from wise elders to the youth, ensuring their continuity and relevance. Originally influenced by Islamic jurisprudence, particularly the Shafie school of thought, these laws once served as a beacon of justice.

However, over time, the implementation of these laws underwent manipulation, resulting in reduced severity of punishments. This created a dangerous opening for an upsurge in murder, rape, and defilement cases. The need for change became undeniable.

The catalyst for this transformation came when a Quran teacher from the Degodia clan fell victim to a tragic incident, shot dead by Garre gunmen in June 2020. In response, the victim’s family demanded full compensation of 100 camels, as per the customary law. Yet, this request led to a deadlock, prompting the issue to be escalated to the council of Muslim scholars in Mandera.

Currently, the compensation rate for loss of life stands at 1 million Kenyan shillings for a man and half a million for a woman. Surprisingly, it was the religious leaders who had set this standard back in 2005, equating each camel to a value of 10 thousand shillings. However, with the changing economy, the monetary value has dramatically shifted, significantly altering the worth of a camel.

Moreover, a troubling trend surfaced as politicians and businessmen effortlessly paid the 1 million shillings compensation, effectively undermining the very essence of blood compensation as a form of punishment.

Realizing the urgency to restore the integrity of the customary laws and ensure just resolutions, dedicated efforts were channeled towards empowering religious leaders. Their profound knowledge of Islamic teachings and revered status in the community rendered them instrumental in spearheading these changes.

Through collective discussions and thoughtful analysis, the religious leaders embarked on a mission to recalibrate the compensation system. The primary goal was to establish a fair and relevant framework that aligned with the present socio-economic landscape.

As news of this transformative endeavor spread, the community rallied behind the religious leaders, supporting their progressive vision for conflict resolution and gender equality. The winds of change were blowing, and optimism filled the hearts of many.

With the renewed and recalibrated customary laws in place, the communities began to witness a positive shift. Justice became more equitable, as conflicts were addressed with a balanced approach. Moreover, the prevalence of Gender-Based Violence showed a noticeable decline, as the revised laws placed greater emphasis on safeguarding the rights and dignity of women.This journey towards reform was not without its challenges, but the collective spirit and determination of the Somali community prevailed. Together, they paved the way for a brighter future, where their cherished customary laws stood as a testament to resilience, adaptability, and a steadfast commitment to justice and harmony. And so, the tale of the transformative journey of Somali Customary laws became a testament to the enduring power of unity and the triumph of progressive ideals.

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