FUNDAMENTALS OF XEER CIISSA
The foundation of Xeer Issa can be seen as a social contract, a democratic constitution, a code of conduct, and a regulation. It outlines the organizational structure of a republican-state model with proper institutions like the Gande, the Ogaas, and the Guddi.
Xeer Issa is a traditional legal system practiced by the Issa people in Djibouti, Somalia and Ethiopia. It is based on customary laws and principles that have been developed and refined over generations. One of the key aspects of Xeer Issa is that it functions as a social contract between members of the community. This social contract outlines the rights and responsibilities of individuals within the society and establishes a framework for resolving disputes and conflicts.
As a constitution, Xeer Issa can be viewed as the fundamental law that governs the society. It sets out the basic principles and rules that guide the behavior of individuals and ensure the smooth functioning of the community. For example, Xeer Issa contains rules regarding compensation, property rights, marriage, inheritance, civil and criminal oases. These rules provide a foundation for the social order and help to maintain peace and stability within the community.
As a code of conduct, Xeer Issa serves as a set of moral and ethical guidelines that regulate the behavior of individuals. These guidelines are based on the values and norms of the Issa people and help to promote cooperation, trust, and mutual respect among members of the community. For example, Xeer Issa places a strong emphasis on the importance of hospitality, generosity, and honesty in interpersonal relationships. By upholding these values, individuals can contribute to the overall well-being of the society.
Additionally, Xeer Issa functions as a regulation that governs the conduct of individuals and ensures compliance with the established norms and rules. The system is administered by a council of elders known as the Gande, who are responsible for interpreting and applying the law. The Gande acts as a judicial body that resolves disputes, mediates conflicts, and administers justice in accordance with the principles of Xeer Issa. Through their decisions and rulings, the Gande helps to uphold the rule of law and maintain order within the society. The Gande. (44) is elected after the Ogaas intronisation and members are said to retire and replaced at the age of 80.
Furthermore, Xeer Issa outlines the organizational structure of a democratic and republican-state model that is characterized by a division of powers and responsibilities among different institutions. The Ogaas, or clan spiritual leader, is responsible for overseeing the political and sociala affairs of the community. For the election of the Ogaas, a special Guddi short listes possible candidates to the main Guddi numbering up to 100 members. This guddi finally elects the Ogaas (not by vote) among about six yougesters, then the process of intronisation starts in Zaila. The Ogaas does not hold authority over the decision-making process within the society.
The Guddi, or assembly of elders, serves as a legislative body that deliberate on important issues and makes decisions that affect the community as a whole.
In conclusion, the foundation of Xeer Issa can be seen as a multifaceted system that embodies the principles of a social contract, constitution, code of conduct, and regulation. Through its emphasis on customary laws, moral values, and institutional structures, Xeer Issa provides a framework for governing the behavior of individuals and promoting the well-being of the community. By upholding the principles of Xeer Issa, the Issa people are able to maintain a sense of order, justice, and harmony within their society.
