Afrocentric Legal Review

Customary Justice Systems and Modern Criminal Law: Legal Pluralism in Post-Conflict Societies of Somalia and Sudan

ALR ID: 7e8771ea October 28, 2025

Customary Justice Systems and Modern Criminal Law: Legal Pluralism in Post-Conflict Societies of Somalia and Sudan

Dalia Abass Ahmed, Yasein Hassan M. Osman
Published October 28, 2025 Pages 57-70

Article Abstract

Traditional justice systems interact with contemporary criminal law in Somalia and Sudan, which have experienced civil war and state breakdown. The two countries show extensive legal pluralism because they enforce Sharia law together with their traditional customs and statutory regulations. The problem statement shows a major justice gap which exists because customary rules about collective responsibility do not match contemporary standards for personal accountability and human rights protection. The study investigates how the two legal systems create operational issues for law enforcement while it seeks to establish connections between customary practices and legislation frameworks. The research examines hybrid systems by using doctrinal methods, which study primary legal documents and secondary research materials. The results show that customary systems deliver essential local stability, but they exclude women and minority groups from their processes. The study demonstrates that successful reform requires local communities to obtain legal authority, which must be implemented with precise execution rather than adopting complete legal systems established by higher authorities.

Indexed Terms

Customary Justice Criminal Law Legal Pluralism Post-Conflict Somalia Sudan
Citation

How to Cite this Article

Dalia Abass Ahmed, Yasein Hassan M. Osman. "Customary Justice Systems and Modern Criminal Law: Legal Pluralism in Post-Conflict Societies of Somalia and Sudan." Afrocentric Legal Review , vol. 1 , no. 2 , 2025 , pp. 57-70

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