The Xeer Ciise
Xeer Issa is a traditional system of governance and justice that has been practiced by the Issa-Somali community in the Horn of Africa for centuries. It was, as mostly held, initiated in the 14th century after the defeat and death of Sa’adudin in Sayla and Faqih Eeba Abdalla, along with more than 400 other scholars and faqihs who commanded army units at the battlefield. This system was later crystallized into the actual legal system and was adopted in the 15th century at mountain Sitti decades after the death of Ghazi Ahmed Ibrahim-Ahmed Gurey. This was most probably to fill the gab felt in governance and peace keeping in a newly constituted social order. Xeer Issa, as such, sets forth a republican institutional organization for a community set to live a pastoral life after decades of devastating religious wars. It differs from other Somali practices in that it is permanent and evolutionary, and strictly follows defined principles and procedures when settling disputes between individuals, families, and tribes. Such disputes may arise, among others, from physical damages, materiel damages, immaterial damages, tangible and intangible damages.
The foundation of Xeer Issa, other than upholding peace and equality can be seen as a social contract, a constitution, a code of conduct, and regulation where Issa Community absolutely share the Xeer,land, natural resources and the Ogas. It outlines the organizational structure of a republican state model with proper institutions like the Gande, the Ogaas, and the Guddi. The Gande, consisting of 44 prominent members aged at least 40 years are selected from all 12 Issa tribes. The Gande functions as a parliament, senate, or constitutional court. They oversee tasks related to the Ogaas-the supreme spiritual leader- who presides over the meetings of the Gande in serious matters. The Ogaas, as a rule, does not reign nor rule or decide but only consents to and stamps decisions of the grande or guddi as a token of promulgation.
The Guddi (guddi khayrreh), on the other hand, discusses issues, deliberates and decides, on consensus, matters of great value. Other Guddis mediate and resolve disputes, on daily basis, on ordinary and issues of lesser weight. A Guddi is created for every incident and prosecute through multiple courts (12), ensuring a fair and just process for all parties involved. Each Guddi runs only one court. Every appellate court is run or managed by a new court or Guddi.
One of the key features of Xeer Issa is the decentralized nature of its justice system. Verdicts of the courts are not enforced by a police or custodial apparatus but rather rely on the acceptance and respect of every individual member and of the whole community at large. Verdicts or decisions must be reached unanimously. The system has proven to be highly effective, with verdicts being accepted and executed in 99% of cases. This showcases the strong moral and ethical foundation of the community, which acts as the primary safeguard for the existence and smooth applicability of Xeer Issa.
In terms of governance, Xeer Issa operates as a check and balance system where power is distributed among various institutions to prevent any one entity from becoming too dominant. The Gande, Ogaas, and Guddi each play a specific role in the decision-making process, ensuring that decisions are made based on consensus and fairness. The appellate courts provide a mechanism for reviewing and reexamining decisions to ensure that justice is served.
Overall, Xeer Issa is a remarkable example of a traditional system of justice that has stood the test of time. Its emphasis on community acceptance, decentralization, and checks and balances have made it a highly effective means of resolving disputes and maintaining peace & order within the Issa-Somali community. The principles and procedures outlined in Xeer Issa may serve as a valuable guide for other communities looking to adopt or establish a fair and just legal system.
