Cerulli, Enrico. The consuetudinary law of northern Somalia (Mijirtein)

Table of Contents

Publication Information

The Consuetudinary Law Of Northern Somalia ( * ) (migiurtini /mijirtein/)

Chapter I The Migiurtini /mijirtein/ And Their Juridical Customs

I. The Consuetudinary Law Of Italian Somalia And Its Importance.

Ii. The Sultanate Of The Migiurtini In International Law.

Iii. Migiurtini Law And Italian Colonial Law.

Iv. Migiurtini Law: Jus Non Scriptum /unwritten Law/.

V. Migiurtini Law, Similar Laws And Islamic Law.

Chapter Ii Birth And Modifications To The Juridical Capacity Caused By Sex And Mental Infirmity

I. Birth, Life And Vitality.

Ii. Sex: Position Of The Woman In Migiurtini Law.

A) In The Public Law

B) In The Civil Law.

C In The Penal Law.

Iii. Infirmity.

Iv. Birth And Childhood: Ceremonies And Related Rites.

V. Circumcision And Infibulation.

Chapter Iii Slavery

I. Limitation Of Liberty: Slavery And Low Castes.

Ii. Slavery: How It Arises.

Iii. Right Of The Master Over The Slave.

Iv. Juridical Capacity Of The Slave And Norms That Limit It:

A) In The Civil Law.

B) In The Penal Law.

V. Extinction Of Slavery. -- Slavery Ceases:

A) By Manumission.

B) By Decree Of The Sultan.

Chapter Iv The Low Castes

I. The Low Castes And Their Origin.

Ii. The Low Castes And Islamic Law.

Iii. Special Rights Of The Low Castes.

Iv. Limitations On The Juridical Capacity Of The Low Castes:

A) In Public Law.

B) In The Law Of Persons.

C) In The Property Laws.

D) In The Penal Law.

E) In The Trial Procedure.

V. Character Of The Limitations Of The Juridical Capacity Of The Low Castes. --

Chapter V Gentiles, Strangers, And Foreigners

I. Strangers And Foreigners: Hospitality, Patronage, “abb[unknown]an.”

Ii. The “abb[unknown]an,” Patron Of The Foreigner.

Chapter Vi The Gentilitial Organization

I. Confederation, Tribe And Subtribe.

Ii. Totemism.

Iii. The Sultanate Of The Migiurtini: The Sultan And His Powers.

Iv. The Assembly (scir) And Its Powers.

V. Minor Offices.

Vi. Financial System.

Chapter Vii Penal Law

I. Penal Responsibility And Causes That Limit It And Extend It.

A) Age.

B) Mental Infirmity.

Untitled Section: ...

Untitled Section: ...

A) Age (see The Letter A Of The Paragraph Above).

B) Marriage.

C) Property.

Ii. Homicide And Personal Injuries.

Iii. Adultery And Carnal Violence.

Iv. Theft.

V. Insult.

Chapter Viii The Familial Organization

1. Familial Organization And Gentilitial Organization. The Matriarchy.

Ii. Limits Of The Familial Organization And The Bond Of Kinship.

Iii. Affinity And Its Limits.

Iv. Relations Among The Members Of The Family: The Patria Potestas.

V. Relations Among The Members Of The Family: Between Spouses.

Vi. Minors And Their Tutelage.

Vii. The Terms Of Kinship And Affinity In The Migiurtini Somali Dialect.

Chapter Ix Marriage

I. General Character Of Marriage.

Ii. Marriage Contract. ---the Prestations.

A) Gabbâti.

B) Yarád.

C) Meher.

Ceremony Before The Qâdi.


Nuptial Banquet And Nuptial Dance.

D) Túsbah.

E) Qáhwì.

F) [unknown]d[unknown]ibâd.

Iii. Juridical Capacity Of The Contracting Parties.

1) Age.

2) Slavery And Castes.

3) Membership In The Same Tribe.

4) Maternal Kinship.

5) Religion.

6) Marriages Already Contracted And Not Yet Dissolved.

7) Marriage Already Contracted And Dissolved. --

A) By Divorce.

B) By The Death Of The Husband.

Iv. Consent.

V. Time Of The Contract.

Vi. Extinction Of The Marriage.

A) Death Of One Of The Spouses.

B) Supervenient Cause For Annulment.

C) Divorce.

1) Voluntary Divorce.

2) The Compulsory Divorce.

Chapter X Succession Mortis Causa

I. Legitimate Succession And Testamentary Succession.

Ii. Legitimate Succession. The Descendants.

Iii. Succession Of The Ascendants And Collaterals.

Iv. Succession Of The Gentiles.

V. Succession Of The Surviving Spouse.

Vi. Testamentary Succession.

Chapter Xi Property Rights And Obligations

I. Landed-property Arrangements.

Ii. Powers Of The Sultan.

Iii. Superficies. Waqf. Flotsam And Jetsam Of Shipwrecks.

Iv. Claims And Means Of Proof.

V. The Livestock.

Vi. Obligations: Contracts.

A) Sale And Purchase.

B) Loans.

C) Suretyship.

D) Pledges.

Vii. Caravan Trade And Exchanges.

Part I -- Law And Ethnography

Publication Information

Paragraph Subjects (OCM)

Publication Information The main body of the Publication Information page contains all the metadata that HRAF holds for that document.

Author: Author's name as listed in Library of Congress records

Title: The consuetudinary law of northern Somalia (Mijirtein)

Published in: if part or section of a book or monograph Somalia, scritti vari editi ed inediti, Vol. 2, edited by Enrico Cerulli

Published By: Original publisher Somalia, scritti vari editi ed inediti, Vol. 2, edited by Enrico Cerulli Roma: A Cura dell'Amministrazione Fiduciaria Italiana della Somalia ; Instituto poligrafico dello Stato P.V.. 1959. HRAF Ms: 121 p. [original: 1-74, 382-384 p.]

By line: Author's name as appearing in the actual publication Enrico Cerulli

HRAF Publication Information: New Haven, Conn.: Human Relations Area Files, 1997. Computer File

Culture: Culture name from the Outline of World Cultures (OWC) with the alphanumberic OWC identifier in parenthesis. Somali (MO04)

Subjects: Document-level OCM identifiers given by the anthropology subject indexers at HRAF Legal norms (671);

Abstract: Brief abstract written by HRAF anthropologists who have done the subject indexing for the document This article, dealing with various aspects of the customary law of the Migiurtini Somali, was written by Cerulli in 1916 on the basis of data gathered by him in Naples from Migiurtini Somali informants retained for that purpose. Cerulli organized the data into four categories; namely laws related to the person, laws related to the 'gens', laws of the family, and patrimonial laws. Each of these divisions is discussed in depth. Ethnographic information on birth, sex status, physical infirmity, slavery, the low castes, caravan trade, marriage, the Sultan and his role in the society, totemism, tribal divisions, sanctions, care of minors, kin relations, property, and succession is included.

Document Number: HRAF's in-house numbering system derived from the processing order of documents 21

Document ID: HRAF's unique document identifier. The first part is the OWC identifier and the second part is the document number in three digits. mo04-021

Document Type: May include journal articles, essays, collections of essays, monographs or chapters/parts of monographs. Essay

Language: Language that the document is written in English translation from Italian

Note: Translation of: Il diritto consuetudinario della Somalia Settentrionale (Migiurtini).|The original Italian text is not included Includes bibliographical references Translated for the HRAF files by Piero Biancani

Field Date: The date the researcher conducted the fieldwork or archival research that produced the document 1916

Evaluation: In this alphanumeric code, the first part designates the type of person writing the document, e.g. Ethnographer, Missionary, Archaeologist, Folklorist, Linguist, Indigene, and so on. The second part is a ranking done by HRAF anthropologists based on the strength of the source material on a scale of 1 to 5, as follows: 1 - poor; 2 - fair; 3 - good, useful data, but not uniformly excellent; 4 - excellent secondary data; 5 - excellent primary data Lawyer, Social Scientist-4,5

Analyst: The HRAF anthropologist who subject indexed the document and prepared other materials for the eHRAF culture/tradition collection. John Beierle ; Sigrid Khera ; 1972

Coverage Date: The date or dates that the information in the document pertains to (often not the same as the field date). not specified

Coverage Place: Location of the research culture or tradition (often a smaller unit such as a band, community, or archaeological site) Migiurtini Somali: Somalia, Djibouti, and southeastern Ethiopia

LCSH: Library of Congress Subject Headings Somalis


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