SIMAD UNIVERSITY JAAMACADDA SIMAD FACULTY OBJECTIVES To produce

SIMAD UNIVERSITY JAAMACADDA SIMAD

FACULTY OBJECTIVES To produce indigenous legal veteran and academic scholars in Somali community. To Train qualified judges and lawyers as well legal advisors. To respond variety demands of the community. To campaign justice and equality pursuant to the culture of the Somali community as well as its believes To help provide legal assistant to the public and private sectors. To raise legal awareness among Somali citizens.

Ø Ø This faculty provides bachelor of law (LLB), which is aimed to achieve the highest standards of academic and legal excellence. The medium language of this program will be in English

The program is structured to be completed within four academic years allocated into 8 semesters. Student should complete 156 credit hours before obtaining bachelor of Law (LLB). NO. Title Course code Credit The following are students’ study Plan: CHs) Semester I Hours( 1 Arabic Language (1) 3 2 English Language I 3 3 Fundamentals of computer 3 4 Introduction to Law 3 5 Study skills 3 6 Islamic studies 3 7 commerce 3

NO. Title Course code Credit Hours( CHs) 1 Introduction To Sharea 3 2 English Language II 3 3 Computer Applications and 3 Technology 4 Law of contract 3 5 POM 3 6 Legal Terminology 3

NO. Title Course Credit Hours( CHs) code 1 English Skills 3 2 Law of tort 3 3 Commercial Law 3 4 Principles of Criminal Law 3 5 Fiqi-ibadat 3 6 Arabic II 3

NO. Title Course Credit code CHs) Hours( 1 Constitutional law 3 2 SPCI 3 3 Labor Law 3 4 Property law 3 5 Moamalat 3 6 Communication Skills 3 7 Civil law 3

NO. Title Course code Credit Hours( CHs) 1 Somali Penal Code(SPC 11) 3 2 Civil Procedural Law 3 3 Family law 3 4 Public International Law 1 3 5 Usul. Fiqi 3 6 Company Law 3 7 Law of evidence 3

NO. Title Course Credit code CHs) Hours( 1 Criminal Procedure 3 2 Public international law 11 3 3 Administrative law 3 4 Islamic Criminal Law 3 5 Criminology 3 6 Alternative Dispute Resolution 3

NO. Title Cours Credit e code Hours( CHs) 1 Legal research methodology 3 2 Human rights law and Humanitarian law 3 3 Private International Law 3 4 Jurisprudence 3 5 Professional Practice 3 6 Islamic legal System 3 7 Environmental law 3

NO. Title Course code Credit Hours( CHs) 1 Law of Banking 3 2 Insurance 3 3 Professional practice 3 4 Legal Writing 3 5 Dissertation 3 6 Islamic Banking 3

Legal consultant in all different governmental departments and agencies Legal consultant in private sectors such us NGOS, and corporations.

CONTINUE…. Judge in judiciary system. lawyer. Prosecutor. Academician and legal researcher. Politician and policy Maker. work as CEO(Chief Executive Officer) International judge and lawyer in international courts and tribunals.

Cambridge University- faculty of law Melbourne University- faculty of law National University of Singapore- faculty of Law International Islamic University Malaysia-faculty of laws Nairobi University- faculty of Law National University Of Somalia -Faculty of Law

LASTLY Welcome again to the faculty of law

o o The term “law “ has variety of meanings: A) law of physical science(. eg. F= M*A) are those laws which have been proved scientifically , never change over time(static) and universal. Moral laws are those laws of human conduct( eg. Do not tell a lie or treat your fellow men with courtesy). Our focus is on those laws( law of state) formulated by the government( eg. Murder).

There are many definitions of Law offered by different jurists: A) Woodrow Wilson has defined Law “that portion of established thought and habit which has gained distinct and formal recognition in the shape of uniform Laws, backed by authority and power of the government”. B) According to Hollond “a Law is a general rule of external human action enforced by sovereign political authority” Ø

c) According to Salmond “The Law is a body of principals recognized and applied by the state in the administration of justices”. D) Law can also be defined: Rules and regulations established by particular society which prescribes sanction and enforced by the authority of the state.

The main functions are: A) To regulate the conduct or behavior of human beings. For example , if someone commits homicide( murder) he/she should be punished through trail process. B) To provide justice to the members of the society. It means that all men should be equal before the law, and no one is above the law irrespective of his/her affiliations( race, clour, religion, sex, social status. etc. ).

C) To guide social activities among individuals. For example, if two persons are intending to marry, they should solemnize or perform marriage activities according to the law. D) To maintain political and economic stability to the nation. For instance, if constitutional rules are followed and observed as it formulated peaceful transfer of the power would occur, and for that reason law will contribute stability to the country. It is also crystal clear that if they are not rules and regulations which regulates business activities that will result" unfair enrichment”.

E) To protect the fundamental rights and freedoms of the citizens( Right to life, right to form political and social associations, freedom of express, freedom of movement, freedom of religion. ect. F) To maintain peace and security in the country. The law should punish criminal and infringers of the law. However, if state law enforcement agencies (such as police) are intact and effective, most probably will respect law which primarily instill peace and security in hearts and minds of the whole society.

D) To balance conflicting interests among individuals.

o There must be legal rules: law is set of rules which originate from believes and values of community at the same time enforceable in the court of law. There must be applicable rules: - Rules should be applicable to the community which is being enacted or promulgated for. If homosexuality is legal in united state my not so in Somalia because that trend is absolutely against Somalis believes and values.

There must be dynamic rules. Legal rules are dynamic and changeable according to changes and progress of the society. There must be general and abstract. Legal rules are general and applicable in all cases and to all persons. However, legal rules also abstract and specific to those who violate them. To illustrate that, there is a rule in the Somali Federal constitution which provides that presidential candidate of Somalia should not less than at age 40 is general, but abstract and specific to every candidate for the Somali presidency.

There must be backed by sanctions. Legal rules must prescribe sanctions imposed to the law breakers. Human beings will not voluntarily abide legal rules. There must be enforceability of the legal rules. The legal rules should be enforced by sate authority because if there is no law enforcement(police), men would not obey legal rules voluntarily especially perpetrators, and as result, the whole society may descent to chaos and anarchy.

. Sharea Constitutional rules. Legislative rules. Executive rules and decrees.

The first one is criminal sanction : 1) The most severe one is to deprive( to take) someone’ life. 2) Less severe one is the imprisonment (to put someone in jail) as it deprives the liberty of the individuals. 3) Even less severe is the monetary fine. § The second one is a civil sanction, such as payment of damages(remedy) for breach of contract

The third one is administrative sanction. For example, if a public servant breaches his duties, he may be blamed, deprived of his salary or promotion during certain time, or fired. Note: Sanctions should be enforced through authority of the government(courts).

Social tradition: social tradition dictate individuals salute each other when they meet. The young respect the elder, the visitor must be offered a drink. People congratulate when they have happy occasions, and convey condolences if a relative dies. We wear certain cloths for certain occasions. However , failure to comply with the social rules does not entail le gal sanction but social blame.

Moral rules are those rules which are not constitute legal sanction. For example , moral rules prohibit lies, however, the law does not punish a liar unless constitutes crime. Helping poor is moral and religious duty but failure to do so does not entail punishment.

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Public Law: Areas of law that involves matters related to the government which regulates the relationship among different authorities, and relationship between authorities and individuals. Constitutional law Administrative law Criminal law Public finance law. Public international law

Constitutional law is the basic charter of the government. It describes the structure and system of the government of the state. It also defines authorities and powers of three organs of the government(Legislature, Executive and Judiciary) and relationship among them as well as the relationship between them and citizens. In addition to that, constitutional law determine the rights and basic freedoms of individuals. Constitutional law is supreme law of the land?

Administrative law is the law relating to the administration. It determines the organization, powers and duties of administrative authorities. Administrative law embodies general principles applicable to the exercise of the powers and duties of authorities in order to ensure that the powers available to the executive conform to basic standards of legality and fairness.

Functions of administrative law Peer Leyland Tery Woods have identified the following as the underlying purposes of administrative law. A) It has a control function in terms of the unlawful exercise or abuse of governmental/ administrative power.

B) It can have a command function by making public bodies perform their duties. C) It facilitates good administrative practice. D) It operates to provide accountability and transparency, including participation by interested individuals and parties in the process of government. E) It provides a remedy for grievances at the hands of public authorities.

Public financial law: is the law regulates public resources and expenditures which constitute the state budget. Public resources are derived from different sources: A) Taxes B) The profits gained by the public economic enterprises. C) The sale’s price of sold public property. D) The public loans.

Expenditure are those paid as: A) salaries B) pensions to actual and retired public employees. C) National and continuing public funding such as education, health care, police and national defense.

NOTE: • Public expenditure must be equal to public revenues. • The budget must be approved by the legislature. Once it approved it becomes binding, and it reflects the government’s polices.

Criminal Law: Criminal law is concerned with offences against Public. offences are actions which violate the basic rules and principles by which society lives and binds together. Criminal law is dominated by the principle of legality. “No act can be considered a crime unless it is prohibited by the law of the country. ”

Technically and ideally, a crime has not been committed unless the following elements are present: Harm Actus reus Mens rea Causation

For crime to occur, there must be harm, either physical or verbal. Thinking about committing a crime is not a crime. A verbal threat to strike another person is a crime.

Actus Reus Actus requires actual criminal conduct, or criminal negligence. If parents fail to provide food, clothing, and shelter for their children, they are committing a crime.

Mens Rea refers to mental aspect of the crime.

In order for a crime to be a legal crime, there must be a causal relationship between the legally forbidden harm and the action.

Crimes Against Persons: a) Murder is the willful killing of one human being by another crime ( who ever commits a murder shall be punished with death art. 434 of SPC). . B) Rape Forcible sexual act directed against another person, forcibly and/or against thatperson’s will(398 of SPC).

C) Kidnapping/Abduction Kidnapping or abduction is the unlawful detention of a person against his/her will(401 of SPC). D) Assault Simple assault is the unlawful physical attack by one person upon another (439 of SPC).

1) Arson is the willful burning to a house, public building, motor vehicle or aircraft, personal property of another(330), etc. 2) Bribery is the offering of a wealth to a person in a position of trust or influence(249).

3) Embezzlement is the unlawful misappropriation of money, property, or some other thing of value entrusted to his/her care, custody, or control(502).

Drugs/Narcotics Violations Drug Abuse Violations include the production , transportation , distribution or sale, purchase, possession, or use of any controlled drug or narcotic substance(56). Prostitution is the unlawful promotion of or participation in sexual activities for profit(405).

Substantive law—laws that prohibit and penalize murder, rape, robbery, and other crimes. Procedural law—laws that are concerned with due process of law( it is all about how to enforce substantive laws).

Public international law: is the law regulates the relationship among states. It al so regulates between states and international organizations, and Some times extends to individuals who allegedly committed human rights violations.

The first consequence is the first world war and creation of the league of Nations in 1919 whose aim was: Promotion of international co-operation. Peace and Security. Peace resolution of dispute. Respect of the independence and sovereignty of member state. The second consequence is the second world war and creation of international organizations such as United Nations(1945).

The following are the main purposes of the United nations: To maintain international peace and security. To develop friendly relation s among states. To achieve international co-operation for all( socially , economically and politically). To harmonize the actions of nations.

General Assembly-is the forum of all member states. Security Council—It is in charge international peace and security(peacekeeping). Secretariat—It is an administrative organ and discharges day to day activities. United nations economic and social council-is all about development, social and economic related activities. eg. UNHCR, UNDP, WFP, FAO and etc.

United Nation International Court of Justice: It is a Judiciary organ of UN. It has jurisdiction on States disputes and claims. United Nation Trusteeship: -Currently not active.

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Private law is a legal principles and rules which regulates the relationship among individuals. The following are the sub branches of private law: Civil law Commercial law Maritime law Aviation law Civil procedural law Private international law

Civil law is the law regulates matters with a civil issues, not a criminal matters. The scope of a civil law: A)Types of persons(natural and artificial persons), statues of persons, their names, domiciles as well as their obligations. B)property law which regulates matters such as real and personal properties, the ownership and enjoyment of rights.

C) D) Family law which covers the various aspects of family statutes such as marriage, divorce, separation, obligation of support, inheritance, and wills. Intellectual property law deals with a copy rights and trade marks.

Commercial law governs commercial activities as well as merchants. “merchant” is the person who carries out acts of commerce as being his/her profession. Acts of commerce can be divided into two groups: 1) Single and isolated transaction such as buying or hiring movable properties in order to gain profit.

2)Steady and continuous profession such supply of goods. Commercial law also regulates trade marks and commercial names. Finally commercial law undertakes commercial papers and bank notes such as cheques and promissory notes.

Maritime law: regulates maritime activities. It governs matters such as ships 'nationality and registration, liberty of marine navigation, rules observed and followed by by the master of the ship regarding his/her birth, death as well as crimes on board.

It also concerns maritime relations such as carriage of goods, passengers by sea, charter parties, towage, ships sale and mortgage, marine insurance, maritime liens, privilege, master and crew relations, collision at sea and salvage.

Aviation law regulates aviation activities. Aviation law regulates the nationality of aircraft’s and its registration, liberty of air navigation, assistance to aircraft in danger, suppression and prevention crimes especially hijacking acts. This also embodied in Chicago Convention 1944.

Avian law also commercial exploitation of the aircraft such as sale of aircraft and mortagage, its hire contract, supply to aircraft, carriage of passengers and goods, damage caused by air craft to persons or property.

Labor law regulates the relationship between employer and employee, the employment contract between employer and employee, the obligation of the employee and employer, unions, safety and hygiene condition in work place, and settlement of labor dispute.

governs how noncriminal lawsuits are handled. A civil case begins when a plaintiff files a complaint and anwser given by the defendant. Complaint means notification to the defendant that he or she is being sued and for what reason. the answer is the defendant’s written account responding to the complaint. failure to respond may result in a motion for default judgment—which is a victory for the plaintiff

Discovery: Discovery involves the formal and informal exchange of information between the two sides in a lawsuit. • Enforcing Judgment : the court’s official decision in a lawsuit is called a judgment, court order, or decree and looser has to comply with.

Private international law is a body of rules which to be applied to the cases containing one or more foreign element. For example, if Somali citizen married a Canadian lady, and later on dispute arises over the property jointly owned by both couple which court of law has jurisdiction over that case(Somali court or Canadian court)?

Constitution Legislation Custom

Legislation is a law introduced by legislature in textual form, (signed) by the president and published in the official Gazette by describing an effective date( Somali penal code 1962).

A ccording to article 80 of the. S. F. C Initiating New Laws(bill, hindiso sharciyeed) at the National Level may be initiated by; (a) The Council of Ministers; or (b) At least ten (10) members of the House of the People of the Federal Parliament, except draft legislation that concerns the annual budget which shall be initiated only by the Council of Ministers.

(2) Draft legislation may be proposed to the Upper House of the Federal Parliament by; (a) At least one representative of a Federal Member State; or (b) Any committee of the Upper House of the Federal Parliament.

First stage: -proposal of draft law(bill) Second stage: debate on the bill Third stage: Voting Fourth stage: Approval by the president Fifth stage: publication of the act on the official Gazette.

Advantages of legislation: A) is written form 2) Accurate 3) Amendable 4) Anticipation for new institution. Disadvantages: 1) law making process slow 2) Unable to cope with the development of the society. 3) It is made with out prior investigation and prior consultation with interested parties.

Types of legislation: A) Legislation made by the parliament B) Regulations and decrees by the executive( page 45: Hierarchy: Constitution Legislation Executive regulations.

Repeal of law: - A law can only be repealed by subsequent law

Custom is generally accepted rules which its violation entails sanction. ELEMENTS OF CUTOM: It must be general It must be consistently observed. It must be certain. It must not be contrary to the existing laws of the country.

A contract may be defined as an agreement made between two or more corporations or persons that the courts will enforce. THE ELEMENTS OF A VALID CONTRACT: 1. An intention to create a legal relationship 2. Offer 3. Acceptance 4. Consideration 5. Capacity to contract 6. Legality

Offer is a proposal made by one party to inter into contract. Termination of an offer: A) acceptance B) Rejection C) Withdrawal D) Lapse of time.

Acceptance means final expression of assent made by offeree. An acceptance must be communicated. Vitiating factors: - these factors affect the validity of contract. A) Mistake B) Fraud C) Duress D) Undue influence

A) performance: -When all parts performed their obligations. B)Agreement. Both parts agreed to terminate their contractual obligations. C) Breach of contract. When one party of the contract fail to perform his/her obligation under the contract. D) Frustration. When become impossible to perform the contract such as destruction of subject matter.

Definition of copyright: -Copy right refers to the right to make copies and to stop others from making with the author’s permission. Subject matter protected by copyright: A) books B) articles C) lectures and speeches.

Author is the person who creates the work such as books, articles and others. Works of joint authorship is found where a number of authors have participated in the creation of single work. A) when possible to distinguish the individual contribution , each has a right by his/her own part of work. B) when impossible to distinguish the contribution of each author all are considered co-outhors.

Economic Rights: The author has the exclusive rights to authorize or prevent any form of economic exploitation of the work such as reproduction. Moral rights: -the author has exclusive moral rights such as : A) right to claim authorship. B) right to modification. C) right to prevent any modification of the work.