By Mohamed Abdi Ali, Senior Student at Alpha University College, Faculty of Business Administration, Hargeisa Somaliland.
Somaliland Traditional Authorities are usually defined as the leaders of traditional Communities with reference to historic roots of leadership which legitimacy their execution of power. Clan System is the most important constituent social factor among the Somaliland societies. The Clan family is generally upper limit of clanship, so the Somaliland clan leaders maintaining primary role in terms of local conflict resolution and upholding of Customary Law. In terms of Customary is what called (Xeer), this is primary code of conduct in Somaliland Clans and whole in Somali people, it is unwritten customary law, but it practice of all Somali people and known well this rule and regulations . in Somaliland clans have sub units of customary Law (Xeer), which they control their affairs and how to behaves other neighbors . Customary Law is unique for each clan and sub clans. The most important of clans Customary Law made is how to make defends the others, because Somali clans earlier dominated the others whom have no power, it means the clans who have more numbers had had captured the others small one, and the main caused to made traditional customary law were how to solve the problems in the societies and coalitions. The traditional principle of Somaliland/Somalia generally divided main two category and they are: General customary Law and Especial norms.
1- General Customary Law this applies to the settlement of grievances and disputes at the difference levels at lineage segments and includes aspects that regulate common, day to day social interactions, civil affairs and means of dispute of settlement with in a clan and between different clans. Also this principle can be sub divided two parts
a) The Penal Section, which deals with serous crimes such as Killings, Injury and Rape. and the
b) Social Conduct the social or civil code deal with theft, banditry and family related issues such as domestic violence, marriage, divorce and inheritance, Penal Section (reer dhiig), can be broke down into categories recognized as general and Common all compensation-paying groups but the amount of compensation payable and proportions in which they are paid. The important categories of Penal Section include
- Ø Homicide relates to Blood Compensation
- Ø Wounded relates to compensation
- Ø Insults relates to compensation
Compensation for physical injuries and homicide and death caused by Auto accident or other disaster is based on Sharia, and assessed by the sheikhs, than divided by the clans if two clan share the death one has the Car and other the Driver traditionally they divided two equal part 50 by 50 according to traditionally but not Shafi’ite standards. Sharia tariff are applied with local variations; the specific compensation rates are embodied in the customary Law treats between the difference clans, which may vary because they are entered on bilateral basis. In case of homicide and Auto car death the compensation is generally valued at 100 camels for a male, while the a life of a female is valued at 50 Camels. Although to day translated the equivalent. In the case of a male killing, and Auto car death the 100 camels are sub divided into approximately dozen camels that must be paid immediately to the household of the immediate victim and two dozen camels must be paid immediate to the closest relative of the victim and the remaining camels must be paid an over agreed period of time to the victim’s wider the blood compensation group. The payment for the crime of an individual is made by that person’s entire blood compensation group, the exact blood compensation obligation paid all a male if a young or adult, for account of them individual if he born at moment, not female paid blood compensation, even if they made the accident. The clans have entire principle and systems paid by the blood compensations, some of them first part of compensation must be the family’s homicide, it may be half of compensation, and others paid the second part or final for divided by numbers of they consist of the clan.
In a public sector if Auto accident death some part of government sector paid the blood compensation, although I think not same as they talk me the people who involve the government, part of them divided by the Auto driver and government.