The penal code of Somalia represents an amalgam of various legal systems and traditions.

The penal code of Somalia represents an amalgam of various legal systems and traditions.
In Somalia, until 1991, there were at least three types of courts. That of the State, that of Islam and the traditional courts which were all charged with settling disputes between people of the same clan.
When, in 1991, the “clans” overthrew the dictator Siad Barre, the Country was torn apart by a bloody power struggle between fighting clans that has seen thousands of victims.
After thirteen years of chaos, attempts at establishing a government and two years of peace talks held under the auspices of the international community which sought to consider the principal divisions between clans, in October of 2004, the transitional Parliament elected Abdullahi Yusuf Ahmed as the new President of the Country and gave life to a Transitional Federal Government (TFG). The elections were held in Kenya because Mogadishu was considered too dangerous.
Since then, thanks to institutional power struggles in the Country and rampant corruption, all attempts failed to bring peace, stability and democracy to Somalia.
Under the circumstances, the violent insurgency led by Al-Shabaab and other groups like Hizbul Islam became even more violent, and the role of Islamic tribunals was strengthened, having its jurisdiction expanded to common crimes with its sentences being difficult to appeal. The courts were seen by an increasingly larger portion of the population as the only force capable of bringing order after twenty years of total chaos.
In Somalia, at the end of 2006, troops of the transition government in Mogadishu defeated the Islamic Courts with the help of the Ethiopian military. But the rebels took on guerrilla tactics that proved very hard to combat, and Islamist fighters from the hard-line Al-Shabaab insurgency run much of south and central Somalia imposing laws inspired by the most severe conceptions of Islam, while the UN-backed government only control parts of the capital. Many Somali religious leaders and other Islamic scholars dispute their interpretation and practice of Islamic law. “When a person is sentenced to being stoned to death, there are several condition must be applied. This is not something which can be concluded in two or three days, and there must be evidence or eyewitnesses who establish criminal identity, but al-Shabaab provide neither clear evidence nor witnesses. They are killing people senselessly,” Somali religious leader Sheikh Dahir Abdi Abdul told Somalia Report. "The application of punishment is a matter for the legitimate state, and is not the right of any group, whether it elects to implement the death penalty or implements the hudud provisions," said Sheikh Abdulqadir Somow, spokesman for the Supreme Council of Ahlu Sunna Wal Jamaa scholars, part of the Federation of Sufi Orders in Somalia. Sheikh Somow said Al-Shabaab has committed crimes and murder against innocent civilians under the guise of spying charges. He said there is disagreement among Islamic jurists about judgments against people convicted of spying, but killing them is not endorsed by Islamic law. "This group has committed more than a crime, and if you look at the way in which it is killing people, its actions have no legal cover, but are contrary to Islamic law," he told Sabahionline. "The Al-Shabaab group is seeking to terrorise Somali citizens with these rulings."
In April 2009, in an attempt at national reconciliation, the Somali parliament unanimously approved a government proposal to officially introduce Sharia law in the Country. Opposition commanders, particularly those of the hard-line Al-Shabaab group, had previously dismissed the plan for lawmakers to introduce the Sharia as “conspiracy against the Islamist fighters and their cause.”
In August 2009, the Transitional Federal Government established a military court to try soldiers accused of criminal offences. However, the military court functions with no guarantee of basic fair trial standards, such as the right to have a legal representation in court and, for those convicted, the right to appeal and seek pardon or commutation of sentence. On 13 August 2011, the TFG president, Sheikh Sharif Sheikh Ahmed, declared a state of emergency in areas of Mogadishu vacated by Al-Shabaab. Under the emergency decree, signed by the president but not approved by parliament, the military court was given jurisdiction over all abuses committed in areas under the state of emergency, including jurisdiction over crimes committed by civilians, in violation of Article 57 of Somalia’s Transitional Federal Charter that stipulates that military courts should have jurisdiction only over military offences committed by members of the armed forces.
As of 23 January 2012, according to the military courts, there were more than 50 people in custody who include TFG soldiers and Al-Shabaab agents who have been sentenced to death. Ever since the establishment of the military courts they have carried out executions although the executions were mostly TFG soldiers who committed crimes.
On 10 September 2012, Somali parliamentarians elected Hassan Sheikh Mohamud to the country's top post in the first presidential elections held inside Somalia in over two decades. Mohamud defeated former Transitional Federal Government President Sheikh Sharif Sheikh Ahmed in the second round of voting, 190 to 79. Lawmakers voted at the Police Academy in Mogadishu, where 271 out of 275 members of parliament were in attendance.
The self-proclaimed Republic of Somaliland is the only part of the ruined Country of Somalia to have established peace, a Government and a multiparty political system. Parliamentary elections were held in September of 2005 and the new Republic awaits international recognition. Somaliland, whose judicial system is based on the old Somali penal code, maintains the death penalty, although many local human rights’ groups have called for its abolition. In recent years, many of those condemned to death have had their sentences commuted thanks to the payment of “blood money” (diya) according to Sharia law.
The traditional clan system and customary law Xeer are very strong in the semi-autonomous State of Puntland, and are usually used in criminal or other proceedings. Under this system, elders serve as judges and help mediate cases using precedents. The clans help the police and courts in their work. In case of intentional homicide, there are severe penalties in terms of both Diya payment and imprisonment. When the clans agree during negotiations that a perpetrator should be killed, the agreement is taken to court. The court refers the matter to the president for approval. The president signs the agreement and returns it to the court. The clans' agreement is final and cannot be appealed. The police monitor the implementation of the decision to execute, but it is a relative of the victim who performs the execution. This will reduce the number of extra-judicial killings taking place in some towns in Puntland.
In 2012, there were at least 7 “legal” executions carried out by the Transitional Federal Government, and at least 1 carried out in the autonomous region of Puntland. According to Amnesty International a total of at least 76 people were sentenced to death in 2012. In 2011, there were at least 11 “legal” executions and at least 37 death sentences were issued. At least 7 people were executed by the Transitional Federal Government, another 3 in the autonomous region of Puntland, while one person was executed in Galmudug. In 2010, there were at least 8 executions and at least 11 death sentences. In 2009 there were no executions but there were at least a dozen condemnations to death. In 2008, there have been three executions. In 2007, at least five people were put to death, almost all sentenced by military tribunals.
The beheadings carried out by the Islamist extremists of Al-Shabaab – “Youth” in Arabic – that control part of south-central Somalia are classified as “extra-judicial executions”. The group seeks to overthrow the western-backed interim government and take over the Country imposing a rigid application of Sharia. Somalis have been shocked by the movement's strict interpretation of Islamic law. The movement decapitated several people on charges of being Christians, spies or apostates of Islam. Sentences by stoning were carried out once again by the Islamic rebels Al-Shabaab in 2011 and 2012.
On 21 September 2011, in its response to the recommendations received under the Universal Periodic Review of the UN Human Rights Council, the TFG stated that “the Government does not want the practice of death penalty to add to more loss of life… While the death penalty is currently imposed for the most serious crimes, the Government undertakes to work towards declaring a moratorium on the death penalty with a view to its eventual abolition.”
On December 18, 2008 and December 21st, 2010, Somalia voted in favour of the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly. On December 20, 2012, Somalia co-sponsored and voted in favour of the Resolution.