Dr. Guled Salah, a native of Somalia, is a renowned expert in governance and development, holding a PhD from the United Nations University for Peace. As Chairman of the Puntland Transitional Electoral Commission, he successfully oversaw the first free direct elections in 50 years. He founded and led the SIDRA Institute, a leading think tank dedicated to national development, and served as Puntland’s Minister of Environment, Wildlife, and Tourism. Dr. Guled also contributed to UN agencies in Somalia and imparted knowledge as a lecturer at East Africa University.
Abstract
Islam plays a central role in Somali society, influencing social norms, legal frameworks, and political systems. The Islamic legal system (Sharia) and traditional Somali customary law (Xeer) operate alongside formal state-backed courts, prioritizing community consensus and moral obligations. The Somali Provisional Constitution incorporates Islamic principles, designating Islam as the state religion and Sharia as the supreme law. Federalism, introduced in 2004, aligns with Islamic teachings on justice, consultation, and communal welfare. This governance model accommodates the intricate clan structures and local customs, promoting inclusivity and enhancing local governance. However, successful implementation of federalism in Somalia requires balancing traditional clan governance with modern federal structures, ensuring inclusivity, and integrating the needs of pastoral communities. Tailoring federalism to Somali cultural and social nuances fosters social cohesion, community empowerment, and national development.
Introduction
Federalism was introduced in Somalia in 2004 as a way to restore stability and establish structured governance after decades of civil conflict and clan-based disputes (Ali et al, 2019). It was seen as a means to honour the complex clan structures and Islamic traditions by decentralizing power, allowing regional states certain autonomies to govern according to local customs and Islamic principles.
The federal structure is carefully designed to balance authority between the central government and regional authorities, granting regional governments flexibility to adapt policies to local needs in Somalia’s culturally diverse context. The system aims to enhance inclusivity and strengthen local governance, increasing political participation and improving public administration efficiency. This approach effectively manages Somali societal complexities and integrates traditional and modern governance mechanisms.
Clan affiliations significantly influence Somalia’s social and political structures, making federalism ideal for increasing political participation through power decentralization. This model supports Somali cultural norms of decision-making and conflict resolution, which typically involve extensive consultation and consensus, often symbolized by community gatherings under a tree to discuss communal issues.
Islam also profoundly shapes Somali life, extending beyond religion to influence social norms, legal frameworks, and political systems. The Islamic legal system, or Sharia, complements the traditional Somali customary law, Xeer, which clan elders administer alongside formal courts. Xeer combines precedent, Sharia law, and oral clan agreements to resolve disputes, providing a viable and efficient alternative to formal judiciary processes, especially in remote or less accessible areas (Peterson and Zaki, 2023).
Sharia, Xeer and the Constitution
Both Sharia and Xeer play a pivotal role in Somali society, prioritizing community consensus and upholding moral obligations. These systems have shaped local governance structures long before the introduction of federalism in Somalia. Sharia, the Islamic legal system, provides a comprehensive framework for justice, deeply rooted in religious teachings and moral principles. Xeer, the traditional Somali customary law, administered by clan elders, operates alongside Sharia, relying on precedent, oral agreements, and clan negotiations to resolve disputes and maintain social order. This dual legal system underscores the deep-rooted cultural and religious practices that continue to govern community life and conflict resolution in Somalia today.
Article 2, clauses 1, 2, and 3 of the Somali Provisional Constitution explicitly incorporate Islamic principles into state governance by designating Islam as the state religion and elevating Sharia to the supreme law of the land. Clause 1 establishes Islam as the religion of the state, clause 2 asserts that no law can contradict the general principles of Sharia, and clause 3 affirms the state’s obligation to promote Islamic teachings. This integration significantly influences the legislative and judicial processes within the country, guiding the formulation of laws, shaping judicial decisions, and defining the overall political landscape (Ahmed, 2014).
The inclusion of Sharia within the Somali Provisional Constitution highlights the profound connection between religion and governance. It ensures that Islamic tenets are not only respected but are foundational to the nation’s legal and political systems. This intertwining of religious principles with national governance underscores the unique way in which Islamic values are woven into the fabric of Somali society, affecting everything from personal conduct to state policies.
This constitutional framework facilitates a cohesive legal system that resonates with the religious and cultural values of the Somali people. By embedding Sharia at the core of national governance, the constitution ensures that the country’s laws and policies align with the ethical and moral standards of Islam. This alignment fosters a sense of unity and coherence within the legal system, promoting justice, accountability, and community welfare.
Furthermore, the coexistence of Sharia and Xeer reflects a harmonious blend of religious and traditional governance practices. While Sharia provides a universal set of religious guidelines, Xeer offers a flexible, community-specific approach to conflict resolution and governance. This dual system allows for a more nuanced and contextually appropriate application of justice, addressing both the spiritual and practical needs of Somali society.
Federalism and Islamic Principles
Federalism, which involves the division of powers between central and local governments, provides a governance model that intriguingly corresponds with the principles outlined in Islamic teachings. The Islamic principles of justice, consultation, and communal welfare, as defined by the Qur’an and Hadith, present a rich and valuable framework for understanding and applying federalism in culturally complex societies like Somalia.
In the Islamic tradition, the concept of shura, or consultation, plays a pivotal role. Surah Ash-Shura (The Qur’an 42:38) emphasizes this, stating, “And those who answer the Call of their Lord and perform As-Salah and who (conduct) their affairs by mutual consultation, and who spend of what We have bestowed on them.” The above verse of the Qur’an is the basis for participatory decision-making on which every person charged with the affairs of the community or the organization ought to adhere to (Mohiuddin and Islam, 2016). This verse promotes decision-making through collective consultation, mirroring the federalist principle of local autonomy and participatory governance. It suggests a governance structure where decisions are made closer to the grassroots level, enhancing the engagement and responsiveness of the administration to the needs of the community.
The Hadith further underscores the importance of ethical leadership within such a governance framework. The Prophet Muhammad (peace be upon him) articulated, “The best of your rulers are those whom you love and who love you, who invoke God’s blessings upon you and you invoke His blessings upon them” (Sahih Muslim). This highlights the necessity for a mutual and respectful relationship between the governed and their leaders. As a cornerstone of effective federal governance, it aims for accountability and transparency in administrative practices.
Moreover, justice and equity, which are central to Islamic jurisprudence, are also foundational to the philosophy of federalism. Surah An-Nisa, “Verily, Allah commands that you should render back the trusts to those, to whom they are due; and that when you judge between men, you judge with justice” (The Qur’an 4:58), emphasizes the importance of fairness and integrity. Federalism aligns with this by enabling localized governance that can be more finely attuned to the diverse needs and contexts of different regions and can promote justice and equity more effectively across the spectrum of governance.
Balancing Tradition and Modernity: Tailoring Federalism to the Somali Context
The cultural inclination towards community consultation and collective decision-making significantly aids the implementation of federal governance structures in Somalia. This approach cultivates a more cooperative and peaceful political environment by ensuring that local governance models are not just theoretically sound but also practically applicable and culturally appropriate. Consequently, these models become more effective and sustainable, enabling the federal system to meet the unique needs and dynamics of Somali society more effectively.
However, the successful implementation of federalism in Somalia hinges on achieving a nuanced balance between respecting traditional clan governance systems and adapting to the demands of a modern federal structure. This delicate balance requires crafting federal arrangements that grant sufficient local autonomy while maintaining national unity. To accomplish this, a thoughtfully considered approach is necessary—one that leverages Somalia’s rich cultural heritage and intricate clan dynamics to develop a governance model that is effective, sustainable, and harmonious.
Several key aspects require special consideration to achieve this balance. It is vital to maintain uniform Islamic legal principles across all regions to ensure coherent legal practices, honor Somali religious traditions, and support equitable nationwide governance. Inclusivity must also be a priority, particularly for traditionally marginalized communities, to ensure that all groups have a voice within the federal system. Additionally, the specific needs of pastoral communities, who are nomadic in their quest for pasture and water and lack permanent settlements, should be integrated into both local and national governance frameworks. Moreover, the roles of traditional elders, religious leaders, and other social institutions must be recognized and integrated into the governance process, effectively bridging the gap between age-old traditions and contemporary political structures.
Recognizing that there is no one-size-fits-all approach, federalism in Somalia must be meticulously tailored to accommodate the unique cultural and social nuances of the region. This means developing a system capable of managing the complexities of clan affiliations and historical governance contexts while also integrating traditional practices and local wisdom. This tailored approach not only provides a robust framework for governance but also fosters social cohesion and community empowerment, crucial for national development and peace-building in Somalia.
By embracing principles such as decentralized governance, inclusivity, consultation, and justice, federalism offers a practical and adaptable framework that aligns with both Islamic teachings and Somali cultural traditions. This alignment ensures that governance is not only effective but also adheres to the ethical and moral standards emphasized in Islam while being deeply rooted in Somali cultural and societal norms. Through this integrated approach, federalism has the potential to significantly enhance national development and foster a more inclusive and equitable political environment in Somalia, paving the way for a stable and prosperous future.
Conclusion
The integration of Islam and Somali culture into Somalia’s federal governance structure creates a unique model that harmonizes traditional practices with modern political frameworks. Islam profoundly influences social norms, legal frameworks, and political systems in Somalia, with Sharia and Xeer historically guiding community life through consensus and moral obligations.
The Somali Provisional Constitution incorporates Islamic principles, designating Islam as the state religion and elevating Sharia to the supreme law. Federalism, introduced in 2004, aligns with Islamic principles of justice, consultation, and communal welfare, promoting regional autonomy and local governance tailored to cultural preferences. However, balancing traditional clan governance with modern federal demands is challenging, especially in aligning traditional values with democratic principles and building an independent judiciary.
For federalism to succeed, it must balance traditional clan governance with modern federal demands. Key considerations include maintaining uniform Islamic legal principles, ensuring inclusivity for marginalized communities, integrating pastoral community needs, and recognizing traditional leaders’ roles. By respecting Somali society’s distinctive values, federalism can foster social cohesion and community empowerment.
Federalism, aligned with Islamic teachings and Somali cultural traditions, offers a practical framework for governance, enhancing national development and promoting a stable, prosperous future for Somalia.
References
Ahmed, A. H. (2014). Constitution-making in Somalia: A Critical Analysis, 1960 – 2013. University of Nairobi.
Ali, Y. S. A., Dahir, A. H., & Hersi, Z. D., (2019). Federalism in post-conflict states: Assessing Somalia’s challenges and the way forward. Perspectives on Federalism, 11(2): 56–63.
Federal Republic of Somalia (2012). The Somalia Provisional Constitution.
Lewis, I. (2003). A Modern History of the Somali: Nation and State in the Horn of Africa. Ohio University Press.
Mohiuddin, G. & Islam, M. (2016). Decision Style in Islam: A study of Superiority of Shura (Participative Management) and Examples from Early Era of Islam. European Journal of Business and Management.
Peterson, B. & Zaki, M. (2023). Reforming Somali Customary Justice: Pathways to Adapting Xeer Procedures and Practices. Sababi Institute.
Qur’an. Tarsir Ibn Kathir – English (2003). Darusslam Publications.
Sahih Muslim, English (2007). The Book on Governance, Hadith 1855a. Darusslam Publications.
Further Reading:
Abdullahi, A. (2017). Making Sense of Somali History. Adonis & Abbey Publishers.
Mohiuddin, G. & Islam, M. (2016). Decision Style in Islam: A study of Superiority of Shura (Participative Management) and Examples from Early Era of Islam. European Journal of Business and Management.
Peterson, B. & Zaki, M. (2023). Reforming Somali Customary Justice: Pathways to Adapting Xeer Procedures and Practices. Sababi Institute.