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Somalia adopts Ethiopia’s federal constitution with Sharia Law

June 28, 2012 · 3113432 Comments2012-06-28+06%3A34%3A59Qalinle+Hussein

MOGADISHU — Somalia has unveiled a new final draft constitution that was recently approved in Nairobi by Somali leaders in the presence of Special Representative of the Secretary-General (SRSG) for Somalia, Dr. Augustine Mahiga.

The text is somewhat an exact duplicate of Ethiopia’s 1994 draft paper and was in the making for eight years. The similarities are very striking apart from the fact that Somalia has declared Sharia Law as its main source of legislation in the new constitution.

The new draft is clearly the work of Puntland region, Islamists including Ahlu Sunna Wal Jamma and President Sheikh Sharif, the former leader of Union of Islamic Courts.

Under Chapter One, article 1 states that “Somalia is a federal state with democratic structure based on the principles of majority rule and justice for all”.

Chapter two (State and Religion), article one states that Islam is the state religion and article two prohibits any religion to be preached in Somali soil apart from Islam.

Article two also specifies that any legislation not based on Islamic Sharia Law will not be established or approved. Islam was always the state law but never in the history of Somalia has identified Sharia as the key source of legislation.

Article four stresses that this Constitution is the second supreme law of the land after Sharia and is the foundation for all the federations.

Apart from its strict call for Sharia law, the draft is very much a duplicate of Ethiopia’s Federal constitution. Unlike Ethiopia, Somalia has not even defined the States in the Federation and this is most likely to cause a new headache considering Somalia has always been a tribal society with no defined or marked borders.

To complicate the matter the draft does not contain all vital signatories for future federation states including Azania, Jubba Valley Administration, West Puntland State, State of Ras Aseyr, Himan and Heeb and the larger South Central Somalia (Southwest State).

There is also dispute over the draft itself. According to the technical committee drafting the constitution, the transitional government has submitted a draft copy that is different to the one signed in Nairobi (See New rift emerges between Constitution Committee and TFG).

Article 55 in Chapter 5 notes that federation states will maintain all their affairs apart from: A) Foreign relations B) National defense C) Citizenship and immigration and monetary policy.

The constituent assembly can make the new 98-page constitution law if a big enough majority supports it. Otherwise it must go to the technical drafting committee.

The draft recognizes Somali and Arabic as the official language(s) of Somalia under article 5. The paper reiterates that Somalia is part of Africa and the Arab World.

If approved Somalia will officially become the Federal Somali Republic.

The draft text can be viewed below, which is available only in the Somali language.

FINAL DRAFT CONSTITUTION OF SOMALIA

Somalilandpress

June 28, 2012

Follow @somalilandpress

By Qalinle Hussein

Tags: draft constitution, Federal system, Federation, Somalia

Xarago says:

Mashaallah is very exciting final constitution for Federal Somalia Republic, Our country is heading right path inshaallah.

12:45 am on June 28, 2012

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Abdi says:

Sharia my a**. No wonder.

12:54 am on June 28, 2012

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- Abdallah says:
  
  You're a fool. Watch your language
  
  2:20 am on June 28, 2012
  
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- Abdiwahab says:
  
  are you actually muslim you dog
  
  3:35 am on June 28, 2012
  
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Kayse says:

This will not work in Somalia. I think this constitution is for Somali Region of Ethiopia not Somalia. Tomorrow every habar will declare their own federation including Somali pirates, some already say Puntland is their state and I do agree.

12:57 am on June 28, 2012

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- ahmed says:
  
  I thought HABAR Thing was only confine to iS**q clan. This constitution will last five years after That somalis have right to change completely or delete some or Add. about The issue of federation somalis have no choice put to create small effective goverm which represent every parts of somalia which deals mainly foreign policiy not domestic. domestic affairs will take in charge semi-autonomous states.
  
  1:30 am on June 28, 2012
  
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abdul says:

Are we allowed to marry more than one wife under the new constitution? How about chewing Khat?

1:06 am on June 28, 2012

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- Kayse says:
  
  Only if the women and khat are from Ethiopia hehehehe. This constitution is by Ethiopia for Ethiopians, just another tool to divide Somalis even further. How come so many people are missing from the signatories including those states? If all rebels can sign it how come SSC, Khaatumo, Pirates and al Shabab didn't sign it too?
  
  This is waste of time and useless Ethiopian injera.
  
  1:20 am on June 28, 2012
  
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  - abdul says:
    
    I personally don't care whether the constitution is from Ethiopia or even America. What matters is the fact that Sharia Law is the source of the legislation. My fear is that the Sharia Law will be an obstacle if in the future we want to confederate with Ethiopia.
    
    4:41 am on June 28, 2012
    
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    - berbera says:
      
      confederate with WHO with termites ethoipain hell NO. you must be confuse person with no direction what so ever.
      
      5:13 am on June 28, 2012
      
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  - master of illusion says:
    
    i rather confederate with israel than ethiopia
    
    5:24 am on June 28, 2012
    
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- Jami'ah says:
  
  Of course you are – it is Shariah, which is the word of God. God gave you the right to marry up to 4, not only the right, but the Sunnah (good deed) to do so if you can fairly. No one changes the word of God. Any attempt to undermine Alahs allocation of rights, to whom he has llocated them, is clearly against Islam and the Prophets way. We are a pologamus community, which helps to engage more single women in family structures and build a stronger structure. No one is goig to advocate monogamy where you have to divorce the previous one to take another one – that divides and causes harm in commnities. We are one faith, with one Sariah – decided by Allah.He allocated the right to the man – no human being can ever change that. If there are concerns that are based on lived evidence, not conjecture or suspicion (which are sins), then the court can act to correct them; no one can oppress Muslims by trying to undermine the rights given to them by Allah. I am a second wife, and glad to have part of the man I love and support in all his duties, than none. Who would take that away hen Allah has decreed it lawful. It is cler blasphemy to seek to impose as unlawful that which is, with crystal clarity, lawful with fairess in living conitions for all wives equally. You only have to read the Quran to know you may take up to four if you can afford to keep them all in suitable and fair conditions. The laws of Allah are the same for Muslims the world over. If any country seeks to undermine its citizens rights it is acting against Shariah and is imposing changes on every Muslim. We do not have some rights for some Muslims and none for others – we are a global community of Muslims with one legislator – Allah and one exemplifier – Muhammad (pbuh). Don't let any one manipulate us into accepting a thinly disguised form of monogamy – we can see how that creates division, stress, adultery, competition, jealousy and how the only people it helps is those who seek to divide people against each other to rule them. We are self disciplining and answerable to Allah; beware any scholar or legislator who thinks they know better than God how to allocate rights; they seek only to divide Muslims and weaken the global Muslim Community. You should not have to ask if your government is going to protect the rights given to you by Allah – that is their job – they are there to serve the people – not oppress them or take the rights Allah gave them. Allah is our God.
  
  5:47 am on June 28, 2012
  
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Gee says:

This is Mehiga's constitution, not for Somalia. It completely irrelevant to Somalia which is homogeneous in all aspect. It will never work in Somalia's Soil. I prefer, the holly Qur'an to this garbage!!!

2:46 am on June 28, 2012

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Gee says:

The Somaliland's constitutions is much more relevant, it would have been good to adapt it.
But we Somalilander don't care since it does not concern us.

2:54 am on June 28, 2012

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- Gurey says:
  
  Then stop commenting…even if you do get independence which i seriously doubt…you'll always orbit around Somali affairs.
  
  8:17 am on June 28, 2012
  
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  - Gee says:
    
    We are already independent friend- period. We have all government system in place and above all held two democratic elections. We have gone a head, and please never ever dream to expect us to come to merge into anarchy, narrow mindedness, tribalism, piracy, human trafficking, terrorism etc.
    
    10:35 am on June 28, 2012
    
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ComeAgain says:

Sharia law smdh goes to show build a home on some faulty foundations and you only have yourself to blame for the inevitable collapse!

Whats even worse is that its some crooks doing it! From a crook to instill a bigger con.

3:33 am on June 28, 2012

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Abdiwahab says:

somalia should not be federal and its regions (italian ones – somaliland independent) should not merge with each other to prevent enclaves like pirateland to exist somalia can be unitary but decentralized in terms of public service and taxation

3:41 am on June 28, 2012

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salaxley boy says:

Shame on those who shun the Quran.

Shame! No one wants to hear your bashing.

4:15 am on June 28, 2012

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liido beach says:

mansha allah this is good news for real Somalis and bad for enemy of ingenious Somali people both within or outside.

5:18 am on June 28, 2012

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Mohammed says:

As I have read part of the draft , it states that the president , if he loses re-election becomes a member of parlament for LIFE. I hope Somali journalists take up the issue. This is blatently a powergrap by those that will bribe their way in power. There is also an issue of immunity . As I've understood it no investigation can be opened by law enforcement on any member of the parlament (both lower and upper-house). This is again a dangerous presedent. Pleas Somali journalist , write about this.

6:17 am on June 28, 2012

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- mo jama says:
  
  Have you read by your self This new constitution. it does not include The president after his term or if loses The election he wll be member of parliament for live. also immunity it’s part of it, anyone committe crime Or misguide public fund will be brought to justice.
  
  Put They should ADD The constitution PRESIDENT SHOULD ONLY SERVE TWO TERMS.
  
  6:37 am on June 28, 2012
  
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  - gurey says:
    
    I agree Jama..there should be some term limit…
    
    8:18 am on June 28, 2012
    
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mohamed cheers says:

If the new protemp draft constitution is workable solution for All inclusive roadmap treaty
signatories of Somalia proper..why not?. de jure Somaliland proper is outside the scope
of the new Somalia constitution. Somaliland has its own constitution of 2001.
Cheers.

8:10 am on June 28, 2012

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- cabdi ali says:
  
  s/land region constitution it’s one tribe constitution it does not will represent all nothern somalia.
  
  8:28 am on June 28, 2012
  
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gurey says:

Ok so if the budget, defence and foreign affairs will be centralised…..what about education, the national curriculum? would every state have their own policy with regards to this?…..will i have to read every single constitution to know one state grants this whilst another doesn't….

What about natural resources?…will the government in Mogadishu have a say in oil exploration rights in Puntland or in Gedo or Hiiraan etc, etc… & the Maritime border issue with Kenya…is that a Jubbaland/Azania decision to make or a central governmental one:—Somalia's territorial integrity??

8:24 am on June 28, 2012

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- mo ahmed says:
  
  Defence foreign affairs natural resources including marine resources will be centralizes.
  
  All semi-autonomous states should have own buget & bookkkeeping record totaly independent from central goverment also every year must be audited by federal govern & local addmin.put The sometime should contribute tax to The central goverment cuffer it depend how resourceful The state is.
  
  *Education should be one national curriculaum
  *every semi-autonomous state will have local constitution with minor change compare to federal one,local court system & police force small parliament & ministers.
  *It should not be more Than four semi-autonomous states whole of somalia.
  *Those semi-autonomous states which produces oil,The oil revenue will be centralize put The semi-autonomous states will keep percentage of That money it depend The population of The state rest will keep federal goverm & redistribute to all semi-autonomous states.
  *miritime border with kenya it’s easy to sort out cuz everyone knows it’s in The UN files.
  *azania does not exist and will not in The future,may be jubbaland will have semi-autonomous state.
  
  10:35 am on June 28, 2012
  
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libban says:

there is nothing called Azania and it will never do. bunch of traitors trying to create a Kenyan controlled Somali Territory witch has allot of Oil dont believe this Al Shabab thing. the Kenyans are being aided by clanist traitors including the butcher of Hargaisa Morgan an Kenyan Allie now a days. lets come together in Mogadishu and in Hargaisa to defeat these clanist traitors

10:58 am on June 28, 2012

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amal says:

If you failed to sit under a tree like Somaliland and come up with an all inclusive centralized and effective democratic government like Somaliland then let the UN and mahiga sort you out and tell you what to do. we just say good luck to your 'Federal Somalia'

11:57 am on June 28, 2012

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- ahmed says:
  
  it is not like s/land region with less population and five different tribes live There. This part of somalia more Than seven million people with more Than Thirty different clans lives.
  
  12:03 am on June 29, 2012
  
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khaatumo citizen says:

federal is only way we can convince somaliland to drop the seperation… divide and rule…

north somalia will be divided into 4 states

2:36 am on June 29, 2012

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islam-peace says:

islam= peace. and the quaran taught us peace. And most of somalis memorized the quaran (mashallah)muslims have one common enemy and thats the Shaitan (devil). so lets all live according to the teachings of our beloved prophit mohmmad. Prophet Mohammad (pbuh) was asked,
"Who is the best among people?" Prophet Mohammad (pbuh)
replied, "He who, when you look at him, you remember
Allah (SWT)". a leader should reflects qualities of love, mercy,
honesty, service, patience, optimism, professionalism,
and the entire lifestyle taught by Islam.

9:18 pm on September 10, 2012

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