About Louise Klein
Louise Klein is a PhD candidate in social sciences at the Maurice Halbwachs Centre (CMH, CNRS-EHESS-ENS-INRAE) and the Laboratory of Social Anthropology (LAS, CNRS-Collège de France-EHESS). Her research focuses on the uses and practices of “state law” in colonial and post-colonial Somaliland.
Discussant
Mireille MANGA EDIMO holds a PhD in Political Science from Yaoundé II University. She is a researcher and associate professor at the Institute of International Relations of Cameroon (IRIC). Her work explores the role of civil society organisations, diasporas, and internet users in political processes, as well as transformations in citizenship and public policy in the Global South.
This presentation explores the evolution of legal pluralism in Somaliland, from the British Protectorate era (1880–1960) to the present day. The study highlights the interaction between state law, Islamic law, and customary law, drawing on colonial archives, ethnographic observations, and interviews.
- Legal Pluralism in Somaliland: A Historical Construction
Somaliland, formerly a British dependency, has undergone successive legal transformations. During the colonial period (1880–1960), British law—modelled after Indian codes—was introduced but coexisted with Islamic and customary law. After independence in 1960, Somaliland merged its legal system with Italian Somalia, forming a hybrid framework. From 1969 to 1991, the Siyad Barre dictatorship militarised the judiciary and sought to suppress customary and Islamic law. Following Somaliland’s secession in 1991, the legal system reverted to pre-1969 foundations, reinforcing strong pluralism.
Contrary to the idea of a rigid colonial legal legacy, the colonial state itself actively shaped legal pluralism by categorising and ranking different legal traditions.
- The Intersection of Criminal Law and Customary Law
Historically, Somaliland has oscillated between individual accountability (criminal law) and collective responsibility (customary law). A striking example is the handling of homicide and violence. While the colonial system introduced the death penalty, the diya (collective compensation) remained widely practiced.
Today, state law and customary law coexist in conflict resolution. An accused individual may face both criminal prosecution and an obligation to compensate the victim. Somaliland’s courts often defer cases to extrajudicial resolution through Islamic or customary law, only intervening as a last resort.
- Challenges and Reforms in Criminal and Customary Jurisdictions
Since the colonial period, some elites have advocated for abolishing the diya system and strengthening criminal law. Today, these debates focus on the criminalisation of rape, which is often settled through customary agreements rather than legal prosecution.
Recent reforms include a 2014 directive from the Attorney General prohibiting extrajudicial settlements in rape cases, though enforcement remains weak. There are ongoing attempts to reform customary law, particularly efforts to harmonise it with Islamic law and human rights standards, but these initiatives have had little impact on actual practices.
Conclusion: A Legal Legacy in Transition
Somaliland’s postcolonial legal system is neither a mere extension of colonial law nor a fixed model. It is the result of a historically evolving process, where each era has reshaped the relationships between legal orders. Current reforms—hindered by competing interests and fragmented international funding—illustrate the challenges of standardising a deeply hybrid legal system.