Contract law in Somalia has evolved over time, influenced by a combination of traditional Somali customary law, Islamic law, and modern legal principles. Prior to the civil war in the 1990s, Somalia had a legal system based on a combination of civil law and Islamic law, with contracts being governed by both formal legal codes and customary practices.
During the civil war, the legal system in Somalia collapsed, leading to a period of lawlessness and lack of enforcement of contracts. However, in recent years, efforts have been made to rebuild the legal system and establish a framework for contract law.
The Somali government has taken steps to modernize contract law by enacting legislation such as the Somali Civil Code and the Somali Commercial Code, which provide a legal framework for the formation, interpretation, and enforcement of contracts. These laws draw on both Islamic law and modern legal principles to regulate contracts in Somalia.
In addition to formal legal codes, customary practices continue to play a significant role in contract law in Somalia. Traditional Somali customs and practices, such as the use of oral agreements and reliance on community elders to resolve disputes, continue to influence the formation and enforcement of contracts in the country.
Overall, the development of contract law in Somalia has been shaped by a combination of traditional customs, Islamic law, and modern legal principles. Efforts to rebuild the legal system and establish a framework for contract law have been made, but challenges remain in ensuring the effective enforcement of contracts and resolving disputes in a country that continues to face political instability and security challenges.