HOW XEER CIISSA SURVIVED THE TEST OF TIME.
Xeer Issa, a traditional system of governance and justice, has managed to survive the test of time through a combination of factors that have contributed to its resilience, effectiveess, efficiency, and workability. Here we will mention few examples:
The oral nature of the Xeer Issa, which has been passed down through generations for over 500 to 700 years, depending on different accounts, has allowed it to become deeply ingrained in the minds of the community and enshrined as a cultural identity synonymous with the Issa identity itself. This realisation has served as a strong tool for crafting the foundation. The continued practice and adherence to the Xeer Issa, ensured its survival and relevance in modern times.
Another key reason for the survival of the Xeer Issa is its daily practice within the community. Disputes and conflicts are common occurrences in any society, and the Issa community and territory is no exception. Guddis, or traditional councils, are formed as disputes arise, and the decentralized nature of the Issa court system allows for flexibility in resolving conflicts based on the geographic dispersion of the community across diverse zones. This decentralized approach to governance and justice has contributed to the resilience of the Xeer Issa over the years, as it allows for adaptability to different situations and contexts.
In addition to its daily practice, the effectiveness of how Somalis traditionlly propagate and share information, on daily bases, within the community has played a significant role in the survival of the Xeer Issa. Information is a crucial necessity and as such every passerby gives and receives detailed accounts of events around the area including court activities and verdicts. All verdicts serve as important references for any future court whether new or appellate emphasysing the principle of jurisprudence.
The oral tradition of storytelling and the transmission of knowledge through proverbs, maxims, poetry, and historical examples have helped to reinforce memorisation of the principles and practices of the Xeer Issa among the Issa people. These cultural references serve as a constant reminder of the values and norms that underlie the Xeer Issa, contributing to its continued relevance and applicability in contemporary society.
Furthermore, the responsibility of every Issa member to defend his own interests in legal proceedings after reaching maturity has further solidified the longevity of the Xeer Issa. Unlike modern legal systems that rely on prosecutors and lawyers to represent claimants and defendants, the Xeer Issa places the onus on individuals to advocate for themselves and present their case to the Guddi (court) for judgement or resolution. This emphasis on individual agency and accountability in legal matters has fostered a sense of self-reliance and empowerment within the community, reinforcing the importance of upholding the principles of the Xeer Issa in everyday life.
Overall, the survival of the Xeer Issa can be attributed to a combination of factors, including its cultural significance, daily practice, decentralized governance structure, effective transmission of traditional knowledge, and emphasis on individual responsibility in legal proceedings. These elements have collectively contributed to the resilience and adaptability of the Xeer Issa, ensuring its continued relevance and effectiveness as a system of governance and justice for the Issa people.
