The GUDDI/ The judicial power

THE GUDDI / THE JUDICIAL POWER

We previously mentioned two of the three powers upon which the Issa political-customary system rests, namely:

1. The Ugaas

2. The Gande

In this part, we address the third power, namely:

3. The Guddi

The Guddi is an assembly responsible for interpreting the laws and applying them to concrete realities whenever disputes and disagreements of various kinds arise. It also holds the authority to enact appropriate customary provisions for each situation, drawing upon and deriving inspiration from the fundamental principles and rules that form the basis of the Xeer—the customary law traditionally recognized and followed by the community.

Usually, the Guddi consists of one hundred members, chosen for their expertise and deep knowledge of the customary law common to the six Issa clans.

However, the participation of all members is not required for every case or at all times. The number of judges summoned depends on the nature and severity of the matter brought before the Council.

Sometimes, the Council consists of six members, at other times twelve members, and in certain cases, it can reach up to forty-four members.

The full Council convenes collectively only when a case is of major importance and has a significant impact on the general interest and well-being of the community.

More specifically, a plenary meeting of the Council carries particular weight during the election of the Ugaas, as well as for major cases concerning blood money (mag), which is among the most sensitive and grave legal issues in the customary system of this society.

Note: The original text is in Arabic.

Author: Aden Osman Darar