Judiciary of Somalia
Encyclopedia
The Judiciary of Somalia as defined by the Transitional Federal Charter (TFC) began its formative stages in early 2007 with the swearing in of the first jurists recognized by the Transitional Federal Government
(TFG).
Chapter 2 of the Charter defines Islam
as the national religion and sharia
law as the basis of national legislation (Article 8).
Chapter 9 of the Charter defines the scope and powers of the federal judiciary.
The new court system consists of:
As well, a Judicial Service Council is to direct policy and administration of the judiciary, composed of the President of the Supreme Court, the Attorney General, three Judges elected from the Supreme Court, and four lawyers selected from private practice. Judges and the Attorney General would be appointed by the President. The Judicial Service Council can advise the President on matters of judicial appointment. The Council of Ministers can advise the President on the appointment of Attorney General.
Until its broader adoption, many de facto decisions were or still are made by local tribal meetings, or, up to the end of 2006, by the sharia
courts organized by the Islamic Courts Union.
attended the swearing in of the first court judges and commissioners of Banadir district recognized by the TFG.
in 1991, the Somali judiciary was organized into a four-tier system, with judges selected by a Higher Judicial Council.
Sharia courts were discontinued, but Islamic principles were to be taken into consideration.
With the advent of the Siad Barre government, a military system of Special National Security Courts (NCSs) was added which operated outside of this hierarchy dealing with charges of corruption, murder and acts against the state. They were widely feared for sentencing hundreds to their deaths, and in October 1990 Siad Barre abolished them.
Transitional Federal Government
The Transitional Federal Government is the current internationally recognized government of the Republic of Somalia. It was established as one of the Transitional Federal Institutions of government as defined in the Transitional Federal Charter adopted in November 2004 by the Transitional...
(TFG).
Chapter 2 of the Charter defines Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
as the national religion and sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
law as the basis of national legislation (Article 8).
Chapter 9 of the Charter defines the scope and powers of the federal judiciary.
The new court system consists of:
- The Transitional Supreme CourtSupreme courtA supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
seated at MogadishuMogadishuMogadishu , popularly known as Xamar, is the largest city in Somalia and the nation's capital. Located in the coastal Benadir region on the Indian Ocean, the city has served as an important port for centuries.... - The Transitional Appeals Court
- Other Courts established by law
As well, a Judicial Service Council is to direct policy and administration of the judiciary, composed of the President of the Supreme Court, the Attorney General, three Judges elected from the Supreme Court, and four lawyers selected from private practice. Judges and the Attorney General would be appointed by the President. The Judicial Service Council can advise the President on matters of judicial appointment. The Council of Ministers can advise the President on the appointment of Attorney General.
Until its broader adoption, many de facto decisions were or still are made by local tribal meetings, or, up to the end of 2006, by the sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
courts organized by the Islamic Courts Union.
Establishing the new judiciary
On January 4, 2007, Somali Prime Minister Ali Mohammed GhediAli Mohammed Ghedi
Ali Mohamed Ghedi was the Prime Minister of the Transitional Federal Government of Somalia from 2004 to 2007. He was relatively unknown in political circles upon his appointment as prime minister in November 2004. He is affiliated with the Abgaal subclan of Mogadishu's Hawiye clan, one of...
attended the swearing in of the first court judges and commissioners of Banadir district recognized by the TFG.
History
Beginning with the early period of independence, 1960–1962 to the fall of Siad BarreSiad Barre
Mohamed Siad Barre was the military dictator and President of the Somali Democratic Republic from 1969 to 1991. During his rule, he styled himself as Jaalle Siyaad ....
in 1991, the Somali judiciary was organized into a four-tier system, with judges selected by a Higher Judicial Council.
- Supreme CourtSupreme courtA supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
seated at MogadishuMogadishuMogadishu , popularly known as Xamar, is the largest city in Somalia and the nation's capital. Located in the coastal Benadir region on the Indian Ocean, the city has served as an important port for centuries....
, consisting of a chief justice/president, vice president, 9 surrogate justices, 2 other judges, and 4 laymen - 2 Courts of Appeal, seated at MogadishuMogadishuMogadishu , popularly known as Xamar, is the largest city in Somalia and the nation's capital. Located in the coastal Benadir region on the Indian Ocean, the city has served as an important port for centuries....
and HargeisaHargeisaHargeisa is a city in the northwestern Woqooyi Galbeed region of Somalia. With a population of approximately 2 million residents, it is the second largest city in the country. Hargeisa is the capital of Somaliland, a self-declared republic that is internationally recognized as an autonomous region...
with two divisions: district court appeals and regional assize appeals - 8 Regional courts with three divisions: penal/civil, assize, and labor legislation
- 84 District courts with civil and criminal divisions.
Sharia courts were discontinued, but Islamic principles were to be taken into consideration.
With the advent of the Siad Barre government, a military system of Special National Security Courts (NCSs) was added which operated outside of this hierarchy dealing with charges of corruption, murder and acts against the state. They were widely feared for sentencing hundreds to their deaths, and in October 1990 Siad Barre abolished them.