Background

Maxkamadaha deegaanku waxay ahaayeen kuwo  si rasmiya u jiray tan iyo markii diinta islaamka laga qaatay wadanka Ethiopia, waxaa iyada oo laga duulayo Dastuurka dalka iyo kan deegaanka, la xoojiyay aas aaskeeda, awoodeeda iyo qaab dhismeedkaba sanadkii 1995 laguna xoojiyay bayaanka tirsigiisu yahay 39/95. Kadib Isbadalkii dalka iyo deegaankaba ka hana qaaday  , waxaa  dib u  aas, aasid lagu sameeyay  Maxkamadaha shareecada .   

Waxaana , Kalafadhigii 10aad ee golaha xildhibaanada deegaanka ayaa lagu ansixiyay dib u aas aaska maxkamada shareecada bayaanka tirsigiisu yaha 190/2021 .

 

 

The Sharia Court is one of the significant institutions of the Somali Regional State. In accordance with the Somali State Constitution, its legal basis, powers and structure were strengthened in 1995 and reinforced by Proclamation No. 39/95. Sharia Courts were re-established in 2012 E.C based on the Proclamation no. 190/ 012 to re-establish Somali Regional State Court of Sharia. The Sharia court operates in all 11 Zones, the 95 districts and the 6 city administrations that the Somali State contains.

The Sharia Court is a judicial institution that is independent of any interference and is established for the rule of law and its implementation, which aims to promote the protection and guarantee various Family Rights, Independence, and Judicial accountability such that the people of the region would have access to efficient and quality services based on Islamic law.

Organizational Structure of the Sharia Court

Pursuant to the proclamation of the re-establishment of the Sharia Court Statement number: 190/2012 E.C . in Article 3, The Sharia Courts are structured into three levels, each with its own judicial powers as follows:

  • Supreme Sharia Court of Somali State
  • Sharia Zonal Courts
  • Sharia Courts of Districts & City Administrations
  • Judges Administration Commission of Sharia Court. The Commission is responsible for all judicial affairs such as promotion, transfers /rotation, appointment disciplines, dismissals etc.

Common Jurisdiction of sharia courts

Sharia courts have jurisdiction over the following Matters:

  • Marriage & Divorce
  • Guardianship of Minors and Family relationships
  • Inheritance
  • Any question regarding Wakti, Gift (Hiba) succession of wills
  • Custody of Children and Related Expenses
  • Provisions of Missing person
  • All costs related to the family lawsuit
  • In accordance with the Sharia low shall issue a certificate of Marriage and Divorce.

Laws to be Applied

Sharia courts of the state adjudicate cases under their jurisdiction in accordance with Islamic sharia law. To conduct proceedings property, the court applies Ethiopian civil pro force provided that it does not contravene the Islamic sharia. if the civil procedure code and Sharia law contradict, then the Sharia Shall prevail.

Partner Offices with Sharia Courts

The Sharia Court cooperates with all Government Offices, in particular, it works closely with the following offices:

  • Supreme Court of the Somali State
  • Supreme Council of Islamic Affairs
  • The House of Representatives
  • Public Prosecution and Justice
  • Police Commission Office of Women & Children's Affairs
  • Justice Training Institute
  • Supreme Sharia Court of the Federal Government
  • Custodial Corps Commission
  • Registration Agency of Vital Events

Working Language of Sharia Courts

Somali is the Working language of the Sharai Courts. If there is a part that does not understand Somali, the Court will Provide translation assistance.