Topic outline

  • Community and Customary Law

    My name is ________________________________ and I am the course lead of community and customary Law.

    You will be exposed to learning materials in mixed media ( Reading and Video).

    I hope you make the very best of the learning materials and we have an enjoyable experience while learning.

    Thank you.

  • Study Unit1: Basics Introduction of Community and Customary Law

    This deals with an Introduction to Community and Customary Law. It is divided into two parts. Part one, defines the term “customary law,” addresses the similarities and differences between “custom,” and customary law. The second part addresses the confusion on the similarities and differences between the terms “norms” and “mores’ and their relationships or being sources for customary laws

  • Study Unit 2: Contemporary Historical Background, Application and Enforcement of Customary Laws

    This study unit specifically and briefly addresses the historical backgrounds, applications and enforcements of the customary laws of Ethiopia, Somalia, Sudan and South Sudan. Each of the stated countries have diversified customary laws. The contemporary history of the customary laws of the selected countries vary thus, the study unit discusses the contemporary historical background of each of the selected countries separately.

  • Study Unit 3: LAW OF PERSONS UNDER CUSTOMARY LAWS OF ETHIOPIA, SOMALIA, SOUTH SUDAN AND EASTERN SUDAN

    This Study Unit specifically examines the basic contents of law of persons stipulated under customary laws of Ethiopia, Somalia, South Sudan and Sudan. They address legal personality, name and change of name, Birth, Marriage and Death Certificate, absence, guardianship, citizenship, residence and domicile. The definition of a person plays key role in protecting and promoting the right of a person. Ensuring proper registration of birth, marriage and death certificates serve for the purposes of evidence, socio-economic and cultural changes, statistics and serve as source for further researches. The intra and inter-state conflicts, displacements and other reasons could result in absence of a person and the declaration of absence is very essential to the spouse, children, family members and heirs in general. The brief conceptual bases on determination, empowerment, substitution and removal of guardian plays crucial role for protection of persons due to age (minors and senile persons), exceptionally physically or mentally ill persons. It also stipulates the powers, rights and duties of the guardian and subjects to guardianship to avoid conflict of interests.

  • Study Unit 4: Law of Family Under the Customary Laws of Ethiopia, Somalia, South Sudan and Eastern Sudan

    These Study Units address all essential elements of family law enshrined under customary laws of Ethiopia, Sudan, South Sudan and Somalia. Family is the natural and fundamental unit of a society. Strong family pillars bolster the framework of a society. Customary laws, therefore, enshrine variety of mechanisms to ensure strong, viable and sustainable family. It examines the source of family relationship based on consanguinity, affinity and adoption, conclusion, conditions, effects, proof and dissolution of betrothal and marriage, irregular union, filiation, adoption, obligations and rights of maintenance.

  • Study Unit 5: : LAW OF SUCCESSION UNDER CUSTOMARY LAWS OF ETHIOPIA, SOMALIA, SOUTH SUDAN AND EASTERN SUDAN

    This study unit deals with the enigmatic area of customary laws that is highly blended with religion and tradition in determining the testate (will) and intestate (by law) succession. It specifically discusses the right of a female to inherit according to customary laws and religious laws adopted into customary laws, particularly the Shari’a law. It shall briefly discuss the law of succession under the customary laws of Ethiopia, Somalia, South Sudan and Sudan.

  • Study Unit 6: Law of Property Under the Customary Laws of Ethiopia, Somalia, South Sudan and Eastern Sudan

  • Study Unit 7: LAW OF CONTRACT UNDER CUSTOMARY LAWS OF ETHIOPIA, SOMALIA, SOUTH SUDAN AND EASTERN SUDAN

     Study unit seven provides the most essential legal tools to regulate the day-to-day life and activity of communities that are governed under customary laws of Ethiopia, Somalia, South Sudan and Sudan. Customary laws enshrine diversified forms and contents of variety types of contracts. The substantive elements of betrothal and marriage contracts have been dealt with under Module 3. Similarly, the contracts of property have been dealt with under Module 5. This Module, will, therefore, be limited to certain essential elements of contract of sell of immovable and movable property, contract of land lease or sharecropping, domestic services, shepherded, loan and usury, bailment, guarantor and donation.

  • Study Unit 8: Criminal Liabilities and Civil Remedies under the Customary Laws of Ethiopia, Somalia, South Sudan and Eastern Sudan

    These Study Unit eight selectively addresses some of the frequent perpetrated criminal liabilities and civil compensation. The Penal Law or Criminal Law is very vast area of law and it is beyond this Module to address the entire field. It is preferred to address the most common and serious crimes and their mode of compensation. This Module will specifically deal with variety of homicides, physical damages, brawl, sexual and gender-based violence, such as rape, domestic violence, adultery, incest, seduction and female genital circumcision. The elements of this Module are almost like all customary laws and, thus the following paragraphs shall discuss in general to all selected customary laws for this Course.