CHARACTERISTICS OF XEER CIISSA.
The Xeer Ciisse, which is a traditional legal system in Djibouti, Somalia and Ethiopia is characterized by various fundamental principles that govern its operation. One of the key principles of the Xeer Ciisse is the upholding of Islamic faith. This means that all laws and regulations within the Xeer Ciisse framework are mainly based on Islamic beliefs and teachings. As such, individuals within the community are expected to adhere to the tenets of Islam in their daily lives and interactions.
Another important principle of the Xeer Ciisse is the freedom and faculty of men to manage their own affairs. This principle emphasizes individual autonomy and self-determination, allowing individuals to make decisions about their own lives without interference from external parties. This autonomy extends to various aspects of life, including economic, social, and legal matters.
In addition to individual autonomy, the Xeer Ciisse also places a strong emphasis on the equality of Issa individuals and Issa tribal groupings. This means that regardless of one’s status within the community, all individuals are treated with equal respect and dignity under the Xeer. Tribal affiliations do not confer special privileges or advantages, as the law applies equally to all members of the community.
Furthermore, the Xeer Ciisse promotes equality before the law, including non-Issa residents. This principle ensures that all individuals, regardless of their background or origins, are entitled to the same legal protections and rights. This inclusivity fosters a sense of community and unity among the diverse members of the society.
Respect for the Xeer territoriality is another crucial principle of the Xeer Ciisse. This principle underscores the importance of respecting the boundaries and jurisdiction of the Xeer system, ensuring that legal disputes are resolved within the framework of Xeer. By maintaining territorial integrity, the Xeer system can effectively govern and regulate the affairs of the community only within the Issa territory.
Another key principle of the Xeer Ciisse is the promotion of respect for humanity, the environment, and the weak members of society. This principle emphasizes compassion, empathy, and solidarity towards vulnerable populations, such as elders, woman, children, and non-combatants. By prioritizing the well-being of all members of the community, the Xeer system fosters a sense of social responsibility and care for others. Negative traits brought by urban living and modernity cannot be ignored.
Furthermore, the Xeer Ciisse advocates for the abolition of capital punishment, decapitation/mutilation, incarceration, vengeance, human trade, or slavery. These practices are deemed incompatible with the principles of Issa justice system, fairness, and principles of human rights enshrined in the Xeer system. By prohibiting such forms of punishment and exploitation, the Xeer Ciissa system upholds the dignity and rights of all individuals within the community.
Moreover, the Xeer Ciisse respects freedom of religion for foreign non-Islamic residents while, at the same time, prohibiting the propagation of non-Islamic teachings. This principle acknowledges the diversity of religious beliefs within the community while safeguarding the integrity of Islamic faith. By respecting the religious freedoms of all residents, the Xeer Ciissa system promotes tolerance and inclusivity among individuals of different faith backgrounds.
Finally, the Xeer Ciisse reinforces the principle of territoriality by ensuring that non-Issa residents are subject to the same legal norms as Issa individuals living outside of Issa territory. This principle helps to maintain legal consistency and coherence within the community, regardless of individuals’ residential status. By upholding the same legal standards for all members of the community, the Xeer system promotes fairness and equity in its application of justice.
In conclusion, the Xeer Ciisse is characterized by a set of fundamental principles that uphold Islamic faith, individual autonomy, equality, inclusivity, territorial integrity, respect for humanity and the environment, abolition of harmful practices, religious freedom, and legal consistency. These principles form the bedrock of the Xeer system, guiding its operations and ensuring justice, fairness, and harmony within the community. By upholding these principles, the Xeer Ciisse remains a vital and effective legal system that reflects the values and beliefs of the Issa-Somali people.
