Empowering Families: The Importance of Family Law

 

The position of legal plurality is characterized by overlapping and sometimes conflicting nonhierarchical coexistence of statutory law, customary law (Xeer), and sharia. All three systems of law are available in Somali territories, especially in the major towns. the numerous, overlapping, and even contradicting sources of law, determining primacy and jurisdiction has become extremely difficult and contentious. This, together with a widespread public misunderstanding and distrust of formal judiciary, and efforts by some Islamic court leaders to impose fundamentalist beliefs through Shari'a, creates a dangerous combination.

Sharia and customary law are applied in Somaliland to resolve personal and family issues. The 1975 Family Law is not commonly used, despite the fact that Somaliland inherited laws passed by Somalia prior to 1991, such as the Somali Penal and Civil Codes, which are still in effect in its courts.

In the 1970s, Somalia experienced a progressive shift in family law. Religious leaders, who held significant influence over societal norms, rejected the law but the Somali government asserted its enforcement and even executed some of the conservative religious leaders by Siad Barre's government. This marked a turning point in Somali history, as the country sought to establish a more equitable legal framework for families.

Currently, both Somalia and Somaliland lack comprehensive family law systems which are major setback in Somalia's history. This legal void creates significant challenges for families, particularly women and children, who face obstacles in accessing justice and protection.

Despite the fact that many Somali families are now vulnerable and without legal redress due to the lack of family law. It is crucial to note that the government has never placed the utmost importance on enacting legislation that fully safeguards and defends the rights of every family member.

One of the glaring issues is that family cases are treated as civil cases in Somalia and Somaliland. This results in inadequate protection and remedies for individuals involved in family disputes. In order to bridge this gap, there is a pressing need for advocating family law reform. This includes raising awareness about the importance of comprehensive legislation that protects the rights and well-being of all family members.

The absence of family law has dire consequences for women and children. They often endure gender-based violence, lack of child custody provisions, and limited access to financial support.

Militant Islamists exploit the absence of family law to promote a misogynistic interpretation of Sharia. This ideological hurdle further obstructs efforts to establish a fair and modern legal framework that safeguards the rights of all family members.

The historical precedent of progressive family law in Somalia serves as a reminder that change is possible. It is imperative to learn from the past and build a future that prioritizes equality, justice, and respect within families. Through continued advocacy and collaboration, we can empower policymakers to implement comprehensive family laws that address the current challenges faced by families in Somalia and Somaliland.

By establishing family laws that protect the rights of all individuals, we can transform the lives of women and children, promote gender equality, and foster healthy family dynamics in Somalia and beyond.

A robust family law system is essential for promoting social cohesion, protecting vulnerable individuals, ensuring gender equality, and providing clear guidelines for family-related matters. By prioritizing family law reform, we can empower families and contribute to a more just and equitable society.