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Page Numbers with Italics Indicate Figures, Maps, Notes, and Tables Cambridge University Press 978-1-108-83278-6 — Shari‘a, Inshallah Mark Fathi Massoud Index More Information INDEX Page numbers with italics indicate figures, maps, notes, and tables. Surnames and terms beginning with al- are alphabetized by the subsequent part of the name. Abderrahim, Sheikh Idris Wad, 86 14; in postcolonial Somali Republic, 132; Abel, Richard, 308 qadis, rivalry with, 85; transition to Abgaal sub-clan, 170 democracy and independence, diyya-paying Abu Bakr, 54 groups in, 114; in transition to Act of Union law, 126 independence, 114, 118; xeer, use of, 31 Adan, Sharif Hassan Sheikh, 179, 186, 188 Arabic language, xvi–xvii Adde, Sheikh Hassan Sheikh Mohammed, ARS (Alliance for Re-liberation of Somalia), 176 195–196 Afghanistan: Islamic identity in 2004 authoritarian rule: defined, 6; independent constitution of, 61; law and religion in, Somaliland’s efforts to reject, 20, 208, 212, 111; Taliban, 111, 296; women activists 215, 222, 223–224, 245, 253; “international in, 296 law,”“human rights,” and “rule of law” Afrah, Mohamed Mohamud, 205 associated by Somalis with, 59; law and African Union: AMISOM (African Union religion as means of limiting, 21, 38, 166, Mission in Somalia), 186–189; TFG reliant 167, 223, 228; law and religion used by, 33, on troops from, 197 113, 136, 151, 154, 155, 156; rule of law as ah al-kitaab (Jews and Christians; people of the means of limiting, 21, 38; shari‘a and, 15, 18, book), 66 35, 111, 136; women’s rights associated with, Ahlu Sunna Wal Jamaa, 168 257, 261. See also Siad Barre, Mohamed, Ahmed, Abdulah Yusuf, 178 dictatorship of Ahmed, Mohamed Sheikh, 138 Aweys, Sheikh Hassan Dahir, 167, 176–177, Ahmed, Sheikh Sharif Sheikh, 183, 185, 186, 183 195 aid workers. See international aid community Bakaara Market, Mogadishu, 169, 173 Aideed, Mohamad Farah, 168, 172 Barsane, Sheikh Hassan, revolt lead by, 69 Aisha (wife of Muhammad), 45, 274 Bartholomew I (patriarch of Constantinople), alcohol consumption/intoxication, prohibited 295 in Islam, 48 al-Bashir, Omar Hassan, 295 Ali (son-in-law and cousin of Prophet Sheikh Bashir, revolt lead by, 69 Muhammad), 49 Battle of Mogadishu (1993), 13, 169 Alliance for Re-liberation of Somalia (ARS), Ben Ali, 111 195–196 Benadir Company, 72, 90, 93 Alliance for the Restoration of Peace and Bhutan, religion/law and dominant culture in, Counter-Terrorism, 184 293 AMISOM (African Union Mission in Biimal revolt (1896–1908), 69 Somalia), 186–189 bin Laden, Osama, 182 Anglo-Italian Protocol (1890s), 79 birtu ma gaido (the iron cannot touch them), aqils: in colonial British Somaliland, 82–87, 225 84, 89; in independent Somaliland, 209, Black Hawk Down (book/film), 13, 169 211, 215, 219, 223, 250; as political elites, Black Lives Matter movement, 294 351 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-108-83278-6 — Shari‘a, Inshallah Mark Fathi Massoud Index More Information INDEX blood money. See diyya 57, 162, 168, 169, 172, 173–174, 183–184, British colonialism and British Somaliland. See 298; women, self-help groups formed by, colonial legal politics 262. See also shari‘a courts Buber, Martin, 300 clan system: al-Shabaab and, 192; shari‘a Buddhism: as dominant culture in Bhutan, courts and, 170–171, 174, 178, 181; in 293; legal appeals to, 293 Somalia and Somaliland, 55–56; TFG and, 178, 179 Cabdulqaadir Mosque, Mogadishu, 148 Cold War, 152 Calvin, John, 160 colonial legal politics (1884–1960), 17–18, Camel Corps, 87 65–109; Anglo-Italian Protocol (1890s), 79; CEDAW (Convention on the Elimination of anticolonial response to, 94; Berbera, All Forms of Discrimination Against Roman Catholic mission in, 79, 100; Women), 147, 267, 284 Christian missions, British control of, 79; Center for Security Policy, 4 courts, civil and Islamic, 87–90; child marriage, 280–281 disagreements over prevailing law in, 66–69; Choi, Seung-Whan, 39 dispute resolution processes, coopting, Christianity: ah al-kitaab (Jews and Christians; 80–82; European settlements in Somalia, people of the book), treatment of, 66; British not allowing, 79; formal legal anticolonialism and, 133; Berbera, colonial agreements and treaties between Somalis Roman Catholic mission in, 79, 100; legal and British, 75–80, 78; geopolitical districts, appeals to, 293; legal systems, development establishment of, 87; Sheikh Hassan, war of, 176, 292; religion and law, connection against (1899–1920), 17, 36, 65, 68, 69, between, 301–304; varied political 95–107, 109, 174, 217, 297; independent interpretations of ethics in, 293, 294 Somaliland, continuing operation of Churchill, Winston, 81 colonial process in, 231–232, 241, 246–248; civic groups, as political elites, 14 law, building colony through, 75–95, 108; Civil Rights Movement, 294 legacy in Somali legal culture, 54; legal civil war in Somalia, 18–20; archetype of pluralism and, 67–68; map of European disaster, Somali political and legal culture colonial administrations, 65; modern Somali viewed as, 57–58; constitutional shari‘a, opinions of, 107; multiple colonial legacies 197, 199–205; economy during, 57; ICU in Horn of Africa, 69–75, 74, 107; political/ (Islamic Courts Union), 19–20, 37, 159, legal elites, creating new classes of, 82–87, 163–164, 179–189, 298; IFCC 84; pre-colonial law in Horn of Africa, 73; (Independent Federal Constitution religion and, 66, 88, 95–96, 108–109; rule of Commission), 183; judiciary, TFG law, separation of religion and law, and attempting to reestablish, 179, 195–199; life secularization, 11, 41–42; shari‘a, British use expectancy during, 180; map of Somalia of, 3, 17, 36, 66, 72, 101–107, 301–302; during, 159; piracy during, 182, 190, women, treatment of, 260, 264; xeer, use of, 193–194; political and social organizations 80–81; xeer and shari‘a, British separation of, during, 162, 166–168, 170; post-ICU efforts 75, 85. See also French Somaliland; Italian to establish political authority (2007–2021), Somalia 189–205; religion as means of restoring law, Committee for the Protection of Journalists, 160–165, 303; rule of law, shari‘a courts/ICU 198 building, 180–186; al-Shabaab, 163–165, common law: American association of 183, 188, 189–196, 200–207, 208, 303; Christianity with, 161; Catholic Somali legal order[s] during, 58–61; development of legal systems and, 176; “stateless” period in Somalia (1991–2001), shari‘a-trained judges, analogical 166–169; TFG (Transitional Federal methodology of, 128; xeer as form of, 80–81, Government), 159, 164–165, 175, 178–179, 111, 115. See also English common 183–185, 186–188, 189–190, 192, 195–206; law TNG (Transitional National Government), Conference on National Reconciliation 164–165, 175, 176–177; transitional (1993), 168 governments during, 20, 37, 57, 164–165, constitution of independent Somaliland 169, 175; UNISOM and UNITAF, (2001), 20, 208, 209, 229–234, 249, 168–169; US-backed Ethiopian invasion 269–271, 298 and collapse of ICU (2006/2007), 19, 37, constitution of Somalia (2012), 197, 199–205, 163, 186–189, 298; warlords during, 18–20, 269–271, 298 352 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-108-83278-6 — Shari‘a, Inshallah Mark Fathi Massoud Index More Information INDEX constitution of the Somali Republic (1960): Somalis studying at, 134, 145; independent gender equality in, 261, 269–271; Islamic Somaliland, legal education in, 234–242, identity in, 125–126, 298 239, 247, 252; National Teacher Education consultative commission for legislation, Center set up by Eastern Michigan 130 University, 134; postcolonial Somalis Convention on the Elimination of All Forms studying for university degrees, 134, 134; of Discrimination Against Women Puntland State University legal aid clinic, (CEDAW), 147, 267, 284 197; under Siad Barre, 145, 236–241; Somali Costea, Doru, 5 National University, 119, 119–120, 134, courts and judges: colonial establishment of, 145; University Institute of Law and 87–90; ICU (Islamic Courts Union), 19–20, Economics, establishment of, 119, 119–120; 37, 159, 163–164; in independent University of Hargeisa, 235–242, 243, 244; Somaliland, 219, 221, 222, 223, 234, 238, University of Mogadishu, 236; for women 245–252; national security courts under Siad and girls, 120, 186, 239, 241, 274–275, 275 Barre, 142, 143, 149, 153, 154, 155, 208, Egypt: colonization of Horn of Africa by, 70, 223, 245; postcolonial establishment of new 82; departure from Horn of Africa, 71; fear of judiciary, 126–129; in pre-colonial period, shari‘a in, 5; Islamic identity of, 61; judges of 88; under Siad Barre, 139, 140–145, 142; Islamic law in colonial period, 121; law and state courts, ethnographic observation in, religion after Hosni Mubarak in, 111; legal 312; TFG setting up, 179, 195–199; in controls over religion in, 294; Mahdi, transition period before independence, Islamic revolution in Sudan under, 70; 120–124, 123. See also qadi courts; shari‘a women activists in, 258 courts; Supreme Court Eid al-Adha address (Siad Barre, 1970), 139 Covid-19, 4 Eisa treaty, 77 Crusades, 294 elders: in colonial British Somaliland, 77, 80, customary law. See xeer 83, 84, 87; Sheikh Hassan on, 106; in independent Somaliland, 208, 215, Dardaaran (“The Will”), Sheikh Mohamed 225–229; as political elites, 14; in pre- Abdullah Hassan, 65 colonial Horn of Africa, 73; xeer, use of, democracy: in independent Somaliland, 58, 80–81 213, 214, 250, 298; international Eldoret conference, 178 perceptions of, 250, 253, 261, 263, 268; elites. See political elites Italian Somalia and, 115–117; marketplace English common law: British colonial use of, for ideas, creating and promoting, 30; 42; Italian Somalia compared to British transition to (1950–1960), 112, 113–124; Somaliland, 130; lack of Somali training in, religion and, 160, 294; shari‘a courts as 85; legal education in, 85, 237; legal seedlings of, 7, 161, 298; Siad Barre’s pluralism and, 67, 236, 302; legal reform minister of urban planning favoring, 137; in projects and, 246, 248 Somali Republic (1960–1969), 112, Eritrea: Ethiopia, proxy war with, 187; ICU, 124–134, 261; TFG constitution and, 183; financial support for, 183, 186 women’s rights and, 268 ethics, shari‘a as form of, 7 Democratic Republic of Somalia.
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