Hence, a number of legislative measures were enacted; malicious policies adoptedand mass campaigns of public awareness were mobilized to curtail TAs.
Nonetheless, TIs and relatedTAs resisted different modernization programs undertaken by both civilian (1960-1969) and military(1969-1991) regimes aimed to curb their role. In particular, during the authoritarian regime thatadopted a socialist ideology and pursued vigorous anti-tradition programs, conflict between the stateand society climbed to unprecedented levels.
Thus, both elements of Somaliness, Islam and clanaffiliation were radicalized, producing various Islamic movements and armed clan-based factions.
Inparticular, clan-based armed opposition movements emerged in the 1980s, resisting the dictatorialregime until they finally collapsed the state in 1991.Since then, Somalia has reverted to quasi-statelessness and legitimate authority was restored to theTIs, and in particular, to the clan elders and their political leaders (known as warlords). Since then,clan elders representing traditional authority took the mantle in reconstructing local governance intheir respected areas of influence. This was very much evident in the establishment of the first two
administrations: Somaliland (1991) and Puntland (1998). On the other hand, Shari’
a law, which,besides customary law, constitutes the basic legal foundation of the Somali society, was introducedas the ultimate reference of the constitutions of these administrations.
The same process of clan
Approach of Somali natio
nalists with respect to tradition is derived from “modernization framework *based on+ theassumption that modernity and tradition are mutually exclusive polar opposites”. See Abdul Rashid Moten,
Modernity,tradition and modernity in tradition in Muslim societies.
19, 1-13, 2011, 3.
Three important laws were passed prior to 1969. The first was intended to reduce the authority of the tribal chiefs, the second tolessen tribal solidarity and the third resulted in banning political parties that utilized tribal names. The military regime enacted laws toliquidate
charged with eliminating clanism in Somalia; abolishing the
(blood money) system, renaming clan chiefs inthe rural areas; and introducing compulsory auto insurance and local government responsibility for funeral expenses. Above all,
massive propaganda against clanism was conducted in the name of the ‘socialist transformation’ of Somali society.
The escalation of conflict between the military regime and Islamists in 1975, see
Abdurahman M. A. Baadiyow.‘‘Women,
Islamists and the Military Regime in Somalia: The New Family Law and its Implications.
Milk and Peace, Drought and War: Somali Culture, Society and Politics (Essays in Honour of I. M. Lewis)
, edited by M. V.Hoehne and V. Luling, 137 Á 160. London: Hurst, 2010.
For example, the Majerten-dominated Somali Salvation Democratic Front (SSDF) (1978), the Isaq-led Somali National Movement(SNM) (1981), the Hawiye-based United Somali Congress (USC) (1986), and the Ogaden-dominated United Somali Patriotic (USP)(1989). On the other hand, various Islamic moments that included Islah (1978), Al-Itihad (1981), Aala-sheikh (1982) and others.
See Somaliland Constitution article (5:2): “The laws of the nation shall be grounded on and shall not be contrary to I
Puntland Constitution article (6): “Islam shall be the only religion of Puntland State of Somalia. No any other religion can
bepropagated in Puntland State, while the Islamic Religion and the traditions of the people of Puntland are the bases o