Civil law in Somalia

Somalia has a formal civil-law framework, including the Civil Code Law No. 37 of 1973, the Family Law No. 23 of 1975 and constitutional provisions on equality, property, family protection and access to courts. In practice, these rules do not operate uniformly across the country. Sharia and Xeer may influence or determine disputes, especially where formal courts have limited reach. Xeer is a customary system in which elders help settle disputes according to locally recognized rules and agreements. A qadi or religious scholar may decide matters through Islamic legal principles, while mediation and other forms of alternative dispute resolution can provide additional pathways. These mechanisms do not automatically have the same legal force as a state court judgment. Civil-law matters commonly include contracts, land and housing claims, marriage and family disputes, inheritance, identity and documentation questions, and compensation for unlawful harm. The Constitution recognizes equality before the law, property rights, access to a competent court, a fair public hearing and legal defence. Property may be owned, used, sold or transferred, while expropriation is tied to public interest and just compensation. Land disputes require particular care because formal titles, registries, communal or pastoral claims, displaced-person claims, Sharia-based claims and Xeer settlements may overlap. Agricultural Land Law from 1975 remains a relevant transitional reference in documented land practice, but the applicable rules and institutions must be checked locally. The formal court structure includes the Constitutional Court, Federal Government courts and Federal Member State courts, with higher and lower courts distributed within that structure. Federal Member States can have their own laws, courts and land policies. Puntland, Jubaland, Galmudug, Hirshabelle and South West should therefore not be treated as one uniform legal space, and Somaliland and other de facto jurisdictions require separate verification. The Federal Ministry of Justice and Constitutional Affairs, the Office of the Attorney General, courts, the Judicial Service Commission, NIRA, municipal authorities, Land Committees, lawyers, mediators, elders and religious scholars may each have a role depending on the dispute. Identity and evidence often determine whether a claim can proceed. A National Identification Number, called Tirsi Aqoonsi, may be issued through the national identity system established by the Identification and Registration Act Law No. 009/2023. Where a formal document is unavailable, witness-based verification may be relevant, although acceptance depends on the authority and procedure. Written contracts, proof of ownership, identity records, witnesses and records of payments or agreements strengthen the ability to prove a claim. A complete nationwide civil registry and uniform access to documentation have not been established in the available evidence. Civil disputes may move from local consultation, elders, Xeer, a qadi or mediation to a district, Federal Member State or federal court. The appropriate process depends on the subject, location, parties, land or clan connection, security situation, available documents and the authority recognized by those involved. Formal enforcement is provided for through courts and public authorities, but reported court capacity, infrastructure, reach and enforcement remain uneven. Local fees, lawyer charges, transport and security costs vary, and no reliable national table of civil filing fees, procedural deadlines or enforcement timelines is established in the available evidence. NIRA service information indicates approximately 48 hours for an identity certificate and about three weeks for a physical identity card, subject to the service conditions in force at the time. Local legal-aid and mediation availability also varies.