This is the Penal Code for Somalia which was adopted in 1964. It was used during the Kacaan as well. Somaliland also continues to use this document. But in reality almost entirely a copy and paste of 1930 Italian Penal Code. The only difference is that aspects of Marriage and Civil Law are governed by Sharia. Criminal Law is however completely secular with NO HUDOOD punishments. In fact corporal punishment is not outlined at all in this code and there are only 4 punishments for crimes.
1. Death (Reserved for Homocide and High Treason against the state)
2. Prison
3. Life in Prison
4. Fines.
The only aspect of Sharia that is honored in this criminal code is that it does not allow for the Death penalty to be applied on Parent for the killing of their child
Here are some of the most asinine laws which contradict Sharia and Somali values.
Having basically Gheera could result in 10 years of prisons meanwhile homosexuality and Prostitution only get 3 years. Adultery is only 2 years in prison and Zina is not even a crime only Adultery (doing Zina while married) is a crime.
Insulting the President however could get you up to 3 years in prison meaning you could get higher sentence insulting the President than committing adultery ( a crime deserving stoning in the Sharia)
Even insulting or degrading the flag of a foreign state could land you in jail for 2 years. So in theory burning an American or Israeli flag in Somalia gets you the same punishment as if you committed adultery
1. Death (Reserved for Homocide and High Treason against the state)
2. Prison
3. Life in Prison
4. Fines.
The only aspect of Sharia that is honored in this criminal code is that it does not allow for the Death penalty to be applied on Parent for the killing of their child
Here are some of the most asinine laws which contradict Sharia and Somali values.
Having basically Gheera could result in 10 years of prisons meanwhile homosexuality and Prostitution only get 3 years. Adultery is only 2 years in prison and Zina is not even a crime only Adultery (doing Zina while married) is a crime.
Insulting the President however could get you up to 3 years in prison meaning you could get higher sentence insulting the President than committing adultery ( a crime deserving stoning in the Sharia)
Even insulting or degrading the flag of a foreign state could land you in jail for 2 years. So in theory burning an American or Israeli flag in Somalia gets you the same punishment as if you committed adultery