Scientific Socialism in the Inheritance Law in Somalia

Abstract

This paper discusses the influence of scientific socialism ideology on Islamic inheritance law in Somalia which is regulated in The Family Code 1975. This paper begins with a discussion of scientific socialism as a state ideology, then its influence on Islamic family law in Somalia and the application of scientific socialism ideology in inheritance law. The method used is descriptive with a theoretical approach that is explored through information media. The results of this study indicate that the deviation of family law regulations in Somalia from what is described in the Qur'an begins based on the concept of a state of scientific socialism that they apply. The purpose of implementing the ideology of scientific socialism in Somalia was to shift rigid customary rules and as a form of political cooperation with the Soviet Union. As a result, the application of the rules of family law has changed, especially in terms of inheritance. For example, there is no difference in the share of inheritance between husband and wife, sons and daughters, grandfather and grandmother, father and mother, even siblings, and half-siblings.

The Dynamics of Applying Both Islamic and Conventional Law in the Inheritance of Banceauy Customary Village

“…The provision is also affirmed in article 171 letter b of the Compilation of Islamic Law as follows: "A heir is a person who at the time of his death or who is declared dead pursuant to the judgment of the Islamic courts, leaves the heir and legacy". Although The provisions of Islamic inheritance law have been regulated in detail and clearly in the Qur'an, so it is impossible to change them 27 and the Compilation of the Islamic Law has insisted that the division of inheritance can be carried out when the death of a person (the heir), the Completion of the Muslim Law also accommodates the customs that have occurred in the society of dividing inherited property while the owner of the estate is still alive. The division of the inheritance by the community of the Banceuy Customary village according to the custom, that is, before the owner of the estate has died, the property has been divided and is not contrary to the provisions of Article 187 paragraphs (1) and ( 2) of the Compilation of Islamic Law.…”