Family in Somalia

The Constitution of Somalia describes marriage as the basis of the family and requires free consent by both spouses. It protects children under 18 from abuse, neglect and exploitation, gives priority to their welfare and assigns parents responsibility for care and education. Adults also have a duty to support parents who cannot support themselves. When parents cannot provide care, relatives or another suitable family-based arrangement may take responsibility. Family Law No. 23 of 1975 remains a formal reference for marriage, polygyny, talaq, divorce, maintenance, custody and guardianship. Its model sets a minimum marriage age of 18, with a lower age of 16 for girls with guardian consent, but practice and views about maturity differ. Sharia, especially the Shafii tradition, commonly guides family and personal matters. Xeer is customary law applied through clan elders; a jilib is a patrilineal clan or kinship group, and diya is clan-based compensation. These systems may operate alongside courts and can produce different outcomes depending on the family, region and dispute. Marriage is predominantly Islamic and may receive religious or community recognition. Formal registration is available through civil registration and vital statistics services, known as CRVS, which cover births, marriages, divorces, guardianship, residence and deaths. Digital CRVS modules for marriage, divorce and guardianship have been introduced since 2024, with the system reported in 48 districts in 2025, but nationwide access has not been confirmed. The 2020 Somali Health and Demographic Survey recorded birth registration for only 3% of children under five and birth certificates for 0.3%. Registration can support proof of age, identity, family links and access to services. Fees, deadlines and processing times vary by institution and region. Parents and extended relatives provide most daily care. Where children become separated from caregivers, family tracing, reunification, kinship care, temporary family-based care, case management, mental-health and psychosocial support and referral services are used through government bodies, civil-society organizations and United Nations partners. From January to June 2025, UNICEF and partners identified and supported 1,825 unaccompanied or separated children; other child-protection reporting recorded 2,385 children receiving tracing, reunification or alternative-care support. Adoption is not legally recognized as a direct equivalent, so guardianship and family-based care are the main functional alternatives. Separation and divorce may involve Sharia, Xeer and formal courts. The formal Family Law model includes court confirmation of talaq, a 60-day reconciliation period and court dissolution on specified grounds. Custody, guardianship and maintenance do not follow one uniform nationwide practice, so case-specific local legal advice is necessary. The Ministry of Justice and courts, the Ministry of Family & Human Rights Development, religious scholars, clan elders and service organizations may each have a role. The Ministry of Family & Human Rights Development covers family support, family legal services, family health, family economic support, legal aid, domestic-violence prevention and social-service links. The Ministry of Labour and Social Affairs administers Baxnaano, a social-safety-net programme. Baxnaano provides regular transfers of about USD 20 per month to eligible households and crisis increases of up to about USD 60, subject to poverty, vulnerability or shock targeting rather than universal eligibility. Conflict, drought, floods, displacement, poverty, stigma, child marriage, child labour and shortages of trained staff can separate families or restrict access to care and legal services. Federal, state and district practice differs across Banadir, Puntland, Galmudug, Jubaland, South-West and Somaliland, so the responsible authority and available procedure must be checked locally.