Inheritance & wills in Somalia

Classical Sunni Shafi‘i faraid is the de-facto rule across federal Somalia (Civil Code 1973 Art. 173 + Family Law). Puntland and Somaliland operate parallel court systems with Islamic-law foundations. Customary "Xeer" law applies in some pastoral disputes but generally yields to faraid for property division.

Wasiyyah up to one-third, in writing, signed by the testator and witnessed by 2 adult Muslim males of upright character. Oral wasiyyah is recognised but harder to prove.

Federal District Court / Regional Court Registry. Mosques and elders’ councils often hold informal copies for community-based mediation.

2 adult Muslim male witnesses. Beneficiary witnesses void their portion.

Collecting authority

Ministry of Religious Affairs (MoRA) · Local mosque ʿulama councils

Tax relief

No formal income tax framework currently active. Voluntary collection through mosques and local charities (Zamzam Foundation, Hidaya Foundation).

Maximum relief

N/A

Notes

Significant remittance-driven collection (~$2B/year diaspora inflows) is informally tied to Zakat. Hormuud-Pay and Dahabshiil offer in-app Zakat-routing.

None — classical Shafi‘i faraid is applied directly by the courts under Civil Code Art. 173 + Family Law. No civil-law override; only Sharia governs Muslim inheritance.

Regional Court issues an Inheritance Certificate. Bank releases (where banks operate), land registry transfers, and remittance company (e.g. Dahabshiil, Hormuud-Service Pay) account settlements follow the certificate.

The Majma‘ al-‘Ulama issues consolidated fatwa positions. Sufi orders (Qadiriyya, Salihiyya, Ahmadiyya — not the Mirza Ghulam Ahmad sect) hold strong influence on traditional faraid customs.

• Diaspora moves complicate jurisdiction — assets held abroad fall under the foreign jurisdiction, not Somali courts. Maintain parallel wasiyyah documents.
• Customary "Xeer" practices in pastoralist communities may exclude daughters — Quranic shares must be specifically asserted via a written wasiyyah.

• Ministry of Justice and Constitutional Affairs
• Somali Religious Council (Majma‘ al-‘Ulama)

• Is Islamic inheritance (faraid) legally recognised in Somalia?

  Classical Sunni Shafi‘i faraid is the de-facto rule across federal Somalia (Civil Code 1973 Art. 173 + Family Law). Puntland and Somaliland operate parallel court systems with Islamic-law foundations. Customary "Xeer" law applies in some pastoral disputes but generally yields to faraid for property division.

• What makes an Islamic will (Wasiyyah) legally valid in Somalia?

  Wasiyyah up to one-third, in writing, signed by the testator and witnessed by 2 adult Muslim males of upright character. Oral wasiyyah is recognised but harder to prove.

• Where do I register my will in Somalia?

  Federal District Court / Regional Court Registry. Mosques and elders’ councils often hold informal copies for community-based mediation.

• Does Somalia have forced-heirship rules that override an Islamic will?

  None — classical Shafi‘i faraid is applied directly by the courts under Civil Code Art. 173 + Family Law. No civil-law override; only Sharia governs Muslim inheritance.

• How does probate work in Somalia?

  Regional Court issues an Inheritance Certificate. Bank releases (where banks operate), land registry transfers, and remittance company (e.g. Dahabshiil, Hormuud-Service Pay) account settlements follow the certificate.

• How many witnesses do I need for a will in Somalia?

  2 adult Muslim male witnesses. Beneficiary witnesses void their portion.

• What are the most common Islamic-will pitfalls in Somalia?

  Diaspora moves complicate jurisdiction — assets held abroad fall under the foreign jurisdiction, not Somali courts. Maintain parallel wasiyyah documents. Customary "Xeer" practices in pastoralist communities may exclude daughters — Quranic shares must be specifically asserted via a written wasiyyah.