The Sharia Courts of Mogadishu

Abstract

This chapter considers whether there are lessons to be learned from the experience of the Sharia courts of Mogadishu that are relevant to peace and reconciliation in Somalia. These courts emerged in 1992 in response to the collapse of the state. It argues the Sharia courts succeeded where others failed because they simultaneously built on known cultural and religious norms, authorities, and practices, while at the same time pragmatically responding to the demands of the moment. Two of the most important lessons from the experience of the courts are: (a) justice in Somalia is inseparable from practices and discourses associated with the Sharia; and (b) it is hard to establish legitimate political authority if the political space and political leaders are viewed by local people to contradict and counteract the norms of the Sharia.