Xeer

Xeer (pronounced ħeːr) is the traditional legal system of Somalia, Somaliland, Djibouti, Somali Region, and the North Eastern Province in Kenya. It is one of the three systems from which formal Somali law draws its inspiration, the others being civil law and Islamic law. It is believed to pre-date Islam, although it was influenced by Islam and retains the faith elements, Under this system, elders, known as the xeer begti serve as mediator judges and help settle court cases, taking precedent and custom into account. Xeer is polycentric in that different groups within Somali society have different interpretations of xeer. Somali society is traditionally structured around a patriarchal clan based system, subdivided into sub-clans, then lineages, and finally mag groupings. These groups are bound together either by family ties or contract. Xeer justice usually revolves around the latter groups, as these are the smallest. In these groups, each member is responsible for the crimes of another, and must accordingly bear some fraction of any decided punishment. Within this system, only the victim or immediate family of a victim can bring criminal proceedings to xeer mediation. If the victim is a man, his father, brothers, or uncles can bring complaints forward. If the victim is a woman, complaints can be brought forward by the men in her family or the men in her husband's family. In xeer, crimes are defined in terms of being transgressions against property rights. Justice is directed in the form of material compensation to the victim. If the accused is found guilty, some form of material restitution must be paid. If restitution cannot be given, mag retribution is due, measured in terms of livestock (usually healthy female camels), to be paid to the victim or the victim's family. There is no concept of imprisonment under xeer. In some cases, elders may advise that neither side seeks restitution or retribution. The verdict is enforced by the victim's family or else by all able-bodied clansmen within the area wherein the verdict is to be executed.