This Country Profile provides a basic overview of the legal history and institutional structures of the Federal Republic of Somalia (Jamhuuriyadda Federaalkaa Soomaaliya), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Somalia's Constitution, Islamic law (sharīʿa or fiqh) has legal status.
Country Background
Somalia is a country located in Eastern Africa, bordering the Gulf of Aden and the Indian Ocean. It is bounded by Ethiopia, Djibouti, and Kenya. The capital of Somalia is Mogadishu. The official languages are Somali and Arabic. The country's population in 2017 was approximately 11 million. The official religion of Somalia is Islam, and the country's population is almost entirely Muslim. Somalia is a member state of the Organisation of Islamic Cooperation and Arab League.
Constitution & Legal Structure
Somalia is referred to as a federal parliamentary republic, in which sovereignty belongs to the people, and sharīʿa and the Constitution (in that order) are the supreme law of the land. The current Constitution of Somalia was adopted in 2012. The system of government is based on principles of separation and checks and balances and has three branches: legislative, executive, and judicial. The legal system of Somalia is a mixed legal system of civil law, Islamic law, and customary law (known as Xeer).
Constitutional Status of Islamic Law
Islamic law has constitutional status in Somalia. Article 2 of the Constitution states that "Islam is the religion of the state, no religion other than Islam can be propagated in the country, [and] no law which is not compliant with the general principles of Shari'ah can be enacted."
Jurisdiction(s) of Islamic Law
Islamic law has official jurisdiction of operation in Somalia. Islamic law influences all aspects of civil and criminal law, including in informal family courts in rural areas.
Dominant School of Islamic Law
The official school of Islamic law in Somalia is the Shāfiʿī school of Sunnī Islam.
Sources of Law for Legal Research
Official Publications
Unofficial Databases
References:
For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].