THE CONCEPT OF “LEGAL PLURALISM” WITH THE RELEVANCE OF THE

SOMALILAND LEGAL SYSTEM.

CONTENTS:

1. Legal Pluralism
1.1 Definition of legal Pluralism.
1.2 Source of legal Pluralism.
1.3 Is there any legal pluralism exist in Somaliland country?
1.4 Countries where legal pluralism exist.
2. Somaliland legal system
2.1 definition of Somaliland legal system.
2.2 Source of Somaliland legal system.
2.3 Structure of Somaliland.
 LEGAL PLURALISM

• Legal pluralism is generally as situation in which two or more legal

systems coexist in same social field.
• Legal pluralism as defined as the condition in which population observes
more than one body of law.
• Legal pluralism is an existence of multiple legal systems within one society
or geographical area.
SOURCE OF LEGAL PLURALISM

• major source of legal pluralism as been anthropological analyses of meting

of indigenous and colonial laws(rouland1998)but even in modern socities,
where the legal system has profiltered and became dominate, many other
times of social control and social regulations exist alongside the state legal
system.
• This is specially the case with the informal disciplinary and procedures
currently operating in industrial and bureaucratic organizations (hennery
1983, Arthurs 1985).
IS THERE LEGAL PLURALISM EXIST IN
SOMALILAND COUNTRY?
• As in many other African nations, Somaliland exists in a state of legal
pluralism where customary law{Xeer}, religious law{Sharia} and the
constitution. Among the three, customary law{Xeer} is the dominant
system that governs societal relations and serious crimes, due to a variety
of historical and political reasons. REF:ACCORD.
COUNTRIES WHERE LEGAL PLURALISM
EXIST:
• Non state legal orders :this exists in every country in parallel with state
system E.g. Pakistan
• Formal legal pluralism: in many countries in middle east, south Asia and
south east Asia.
• Quasi-state legal orders: many African states have incorporation
customary chiefs or local powers.
 DEFINITION OF SOMALILAND LEGAL
SYSTEM
• Somaliland legal system: is an organized according to the civil law, rather
than the common law. Consequently case laws are neither publish nor
significant to future legal decisions. REFR:GLOBALEX
• Combining several distinct legal traditions, Somaliland's legal system is
based on traditional Islamic law. REFR:GLOBALAX
✔ SOURCE OF SOMALILAND LEGAL SYSTEM
• Religion
• Constitution
• Culture
 STRUCTURE OF SOMALILAND

• Somaliland constitution under article 37{2} has mentioned that/ the structure of the Somaliland
shall consist of three branches which are the legislative, executive and judiciary.

• Each branch shall exercise independently the exclusive powers accorded to it under the
constitution.
✔ Legislative Branch:

• The Somaliland parliament is bicameral. The upper house of parliament is the house of elders and
the lower house of parliament is the house of the representative as mentioned under article 38 of
the constitution.
 CONTI…..

✔ Executive Branch:

• Is the highest organ of executive power as provided for in the constitution.

• The executive branch consist of:

The president.
The vice-president.

The council of ministries appointed by the president.

 CONTI…..

✔ The Judicial structure

• It consist of supreme court, military court, regional court, district court and appeal
court
• Supreme court: the Supreme Court is the highest judicial organ in the country and
comprises the chairman and at least four judges.