Must Read: Shari’ah in Somalia Research Report

New mosque near Aden Abdulle International Airport in Somalia, and featured on the front cover of EAJ's Shari'ah in Somalia Research Report released in March 2020. Photo by Sagal Ali.

Shari'ah law provides an important source of law, jurisprudence and justice norms in Somalia. The Constitutions of the Federal Government of Somalia (FGS), Somaliland and Puntland each elevate Shari’ah as the ultimate source of law and guiding principle of justice. In Somali courts, Shari'ah is practiced as a norm, where they use a combination of statutory law, Islamic jurisprudence and customary law. However, while constituting a broadly acknowledged normative order, the Shari’ah has played a minor role in international assistance to Rule of Law reform in Somalia.

The Expanding Access to Justice Program in Somalia (EAJ) conducted research to develop a comprehensive understanding of the integral challenges of Shari'ah law and it's role in Somali justice processes. The research is reflected in the report, Shari'ah in Somalia, which ABA ROLI supported. The Report presents research findings for those who want to learn more about the Shari’ah in general, for those who want to learn about the history of political Islam and the concomitant evolution of shari’ah in Somalia, and for those who want to engage with the potential for legal reform based on Shari’ah in Somalia. In addition, the findings provide practical recommendations for Rule of Law Programming and support.

The report seeks to spark a dialogue among national and international practitioners on the application of shari’ah in a legally pluralist Somali justice sector, as well as with aims to service Somalia's population with fair and rights-based justice, especially for women and vulnerable and marginalized groups. Read the full report.

In 2019, Pact and ABA ROLI launched a five-year program entitled Expanding Access to Justice Program in Somalia (EAJ) that supports lasting improvements in access to justice, and promotes effective mechanisms for individuals and communities to address grievances in Somalia and Somaliland.

Learn more about ABA ROLI's work in Somalia.