Restructuring Somalia’s Regional Government: Status of the Immediate Somali Mainland Legal Systems

Abstract

One of the most important problems facing modern Somalia on its way to security and rebuilding is the lack of a fair and equal justice system. Thus, this study aimed at determining the status of the Somali’s Legal systems. Guided by the theory of Change, Institutional Theory and Stakeholder theory, the study employed case study design. Purposive sampling was used to select the 4 government legal experts, 2 legal scholars from City University of Mogadishu, 3 law reform officials, 9 NGO and UN representatives, 7 civil group officials and 5 clergymen. Data collection was based on two major methods, document analyses and in-depth interviews. The findings revealed that that the Somali legal system is a complex and hybrid structure that combines elements of customary law, Islamic law (Sharia), and formal statutory law inherited from the colonial era. The study thus recommends that to enhance the immediate Somali mainland legal systems, stakeholders should focus on harmonizing the various sources of law, ensuring consistency in the application of customary law, Islamic law, and statutory law.