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Judiciary of Somaliland
The judiciary of Somaliland (Somali: Garsoorka Somaliland; Arabic: السلطة القضائية في صوماليلاند)is the judicial branch of the Somaliland government.
Mandated by the 1997 Constitution, the judiciary is responsible for overseeing and interpreting the law. It comprises the national and district courts as well as the attorney general and his deputies.
A combination of a number of separate legal traditions, the Somaliland legal system is primarily based on traditional Islamic Shariah law. Though there are no official Shariah courts in Somaliland, the state courts uphold Shariah. In addition to Sharia, Somaliland courts also use a form of British colonial law and traditional common law.
Before colonization the territory that is now Somaliland relied on xeer, or traditional tribal law. This law was applied by clan elders in addition to Shariah law applied by Islamic scholars.
After formally receiving control of Somaliland from Egypt in 1884, British colonizers introduced a British common law based on the legal system they had implemented in colonial India.
After being joined with the former Italian Somaliland in 1960 to create the new state of Somalia, Somaliland did not have its own independent legal system until its independence. Despite this, the lower courts of the Somaliland region still used British colonial law until 1977.
After Somaliland declared its independence from Somalia in 1991, the courts were governed for a short time using Italian practices until fighting in Borama halted all progress. From 1993 to 1997, the Borama Charter mandated the formation of a newly independent judiciary that used pre-1969 laws. Since the ratification of the Somaliland Constitution in 1997 the legal system has consisted of a mix of three legal frameworks, with judges alternatively applying Sharia law, British colonial law, and xeer.
The five levels of courts in Somaliland are: the Supreme Court, the Appeal Courts of the Regions, the Regional Courts, the District Courts, and the Courts of the National Armed Forces.
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Judiciary of Somaliland
The judiciary of Somaliland (Somali: Garsoorka Somaliland; Arabic: السلطة القضائية في صوماليلاند)is the judicial branch of the Somaliland government.
Mandated by the 1997 Constitution, the judiciary is responsible for overseeing and interpreting the law. It comprises the national and district courts as well as the attorney general and his deputies.
A combination of a number of separate legal traditions, the Somaliland legal system is primarily based on traditional Islamic Shariah law. Though there are no official Shariah courts in Somaliland, the state courts uphold Shariah. In addition to Sharia, Somaliland courts also use a form of British colonial law and traditional common law.
Before colonization the territory that is now Somaliland relied on xeer, or traditional tribal law. This law was applied by clan elders in addition to Shariah law applied by Islamic scholars.
After formally receiving control of Somaliland from Egypt in 1884, British colonizers introduced a British common law based on the legal system they had implemented in colonial India.
After being joined with the former Italian Somaliland in 1960 to create the new state of Somalia, Somaliland did not have its own independent legal system until its independence. Despite this, the lower courts of the Somaliland region still used British colonial law until 1977.
After Somaliland declared its independence from Somalia in 1991, the courts were governed for a short time using Italian practices until fighting in Borama halted all progress. From 1993 to 1997, the Borama Charter mandated the formation of a newly independent judiciary that used pre-1969 laws. Since the ratification of the Somaliland Constitution in 1997 the legal system has consisted of a mix of three legal frameworks, with judges alternatively applying Sharia law, British colonial law, and xeer.
The five levels of courts in Somaliland are: the Supreme Court, the Appeal Courts of the Regions, the Regional Courts, the District Courts, and the Courts of the National Armed Forces.