Topic outline
- Community and Customary Law
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.
Click on this link to join the online discussion or Peer to Peer discussions in this course
NB: Participation is mandatory for all learners and you are expected to comply with all the rules of engagement
RULES OF ENGAGEMENT
1. DO NOT USE FOUL WORDS NOR INSULT ANY PARTICIPANTS. ALWAYS BE POLITE AND RESPECTFULNESS
2. DO NOT SHARE VIOLENT GRAPHICS, IMAGES OR PORNOGRAPHIC MATERIALS.
3. RESPECT THE VIEWS OF OTHERS WITHOUT FIGHT NOR GRUDGE.
4. THIS PLATFORM IS FOR ACADEMIC DISCUSSIONS ONLY, DO NOT PROMOTE BUSINESS, INVOLVE IN POLITICS TALKS ETC.
- Study Unit 1: Basics of Community and Customary Law
Study Unit 1: Basics 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 lawsThis study unit introduces customary law and how customs transforms into laws, Compare and contrast each element of custom to understand why some customs do not constitute customary law, define and understand the application of norms and mores, differentiate between customary laws, customs, norms and mores, avoid the confusion that all customs, norms and mores are customary laws and build objective understanding on the eternal conflicts between numerous customary laws and prevailing “custom”, “norms” and “mores
After you have read the notes provided on Study Unit 1, watch the videos for the summary of the basic introduction to customary law
Dear Learners,
Kindly attempt the quiz before the deadline as it forms part of your formative assessment. Thank You.
- Discuss the different governance style used in the present day in the world
Each learner should discuss laws that are peculiar to their various community.
The word count for this assignment must not be more than 250 words.
Kindly attempt this assignment before the due date.
- Study Unit 2: Contemporary Historical Background, Application and Enforcement of 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.
This study unit is divided into two main parts. Part one briefly defines each of the selected customary laws, address the relationships between the selected countries social structures, means of preservation, application and enforcement mechanisms. Part two mainly investigates the status of customary laws during the European colonialism, post-independence and post-conflicts.
After you have read the notes provided on Study Unit 2, watch the videos for the summary of the contemporary historical background, application and enforcement of customary laws.
Dear Learners,
Kindly attempt the quiz before the deadline as it forms part of your formative assessment. Thank You.
- Study Unit 3: Law of persons under customary laws of Ethiopia, Somalia, South Sudan and Eastern Sudan
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.
This study unit explains Understand the conceptual bases, effects and application of legal personality to the fetus, pregnant woman, husband and the community under customary laws in Somalia, Ethiopia, South Sudan and Eastern Sudan, the conceptual bases, effects and application of legal personality to the fetus, pregnant woman, husband and the community under customary laws in Somalia, Ethiopia, South Sudan and Eastern Sudan, the rationale for having a name as an identity of a person and conditions that may justify changing of name, the vital role that the birth, marriage and death registrations have for protection and promotion of individual rights of a person, statistics, population, evidence, socio-economic and cultural changes and sources for researches, the legal frameworks for declaration of absence, the effects and significance to the absentee, spouse, heirs and the community at large, discuss the basic rights, duties, powers and responsibilities of a guardian and the persons who necessarily require guardianship, and identify the customary law provisions that address attribution of citizenship to displaced, migrated, refugees and other strangers
After you have read the notes provided on Study Unit 3, watch the videos for the summary of laws of persons under customary laws of Ethiopia, Somalia, South Sudan and Eastern Sudan.
Dear Learners,
Kindly attempt the quiz before the deadline as it forms part of your formative assessment. Thank You.
- Study Unit 4: Law of family under the customary laws of Ethiopia, Somalia, South Sudan and Eastern Sudan
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.
This study unit discusses the diversified source of family based on consanguinity or blood, affinity, adoption or clan that leads to endogamous and monogamous betrothal and marriage, the different types of betrothal and marriage enshrined in customary laws so that to understand your communities very well and serve accordingly, compare and contrast the similarities and differences among the conceptual bases of dowry, bride price and mahar and apply them within the context of each community, discuss the divorce or dissolution of variety types of betrothal and marriage in order to engage in family dispute settlement, the customary and religious elements in attributing paternity of a child born in wedlock, out-of-wedlock, adoption or neglected or thrown and found children, and the legal duty to maintain children in wedlock, out-of-wedlock, divorce, widowhood, serious physical and mental disabilities and old-age or senility
After you have read the notes provided on Study Unit 4, watch the videos for the summary of the Law of Family Under the Customary Laws of Ethiopia, Somalia, South Sudan and Eastern Sudan
Video I
Video II
Video III
Dear Learners,
Kindly attempt the quiz before the deadline as it forms part of your formative assessment. Thank You.
- Study Unit 5: Law of succession under customary laws of Ethiopia, Somalia, South Sudan and Eastern Sudan
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.
This study unit discusses when a will is made and who has the power to make a will, whether an heir could be disinherited through making a will and vesting estate to other heirs or strangers, when a valid will can be invalidated during the life of the testator or after his or her death and gain and possess knowledge of intestate or through the operation of law succession under diverse customary laws and the Shari’a law for adherent of Islam
After you have read the notes provided on Study Unit 5, watch the video for the summary of the LAW OF SUCCESSION UNDER CUSTOMARY LAWS OF ETHIOPIA, SOMALIA, SOUTH SUDAN AND EASTERN SUDAN
Dear Learners,
Kindly attempt the quiz before the deadline as it forms part of your formative assessment. Thank You.
- Study Unit 6: Law of Property Under the Customary Laws of Ethiopia, Somalia, South Sudan and Eastern Sudan
Study Unit 6: Law of Property Under the Customary Laws of Ethiopia, Somalia, South Sudan and Eastern Sudan
This study unit Compare and contrast the contemporary historical background of land tenure system under customary laws of the selected countries, the house and land that can be subjected to sell, exchange or alienation, the diversity of customary laws and their gender dimension particularly on the right to own or use land vested upon men, women, boys and girls and the legal rights of citizens to own or use land for agriculture and habitation
After you have read the notes provided on Study Unit 6, watch the video for the summary of the Law of property under Customary laws of ETHIOPIA, Somalia, South Sudan and Eastern Sudan
Dear Learners,
Kindly attempt the quiz before the deadline as it forms part of your formative assessment. Thank You.
Please note that this Quiz is only for Ethiopia Learners.
Dear Learners,
Kindly attempt the quiz before the deadline as it forms part of your formative assessment. Thank You.
Please note that this Quiz is only for Somalia Learners.
Dear Learners,
Kindly attempt the quiz before the deadline as it forms part of your formative assessment. Thank You.
Please note that this Quiz is only for South Sudan Learners.
Dear Learners,
Kindly attempt the quiz before the deadline as it forms part of your formative assessment. Thank You.
Please note that this Quiz is only for Eastern Sudan Learners.
- Study Unit 7: Law of contract under 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.
This study unit explains the contract of sell, exchange, or alienation of immovable or movable property, compare and contrast the different types of land lease or sharecropping systems, the necessity of making domestic services and shepherd that governs the relationships between the domestic service giver and herding livestock and employers, the elements of loan contract and adverse effects of usury that the customary laws govern the relationships between lender and borrower, the complex relationships between the bailor and bailee based on the deeply rooted of becoming trustworthy, contract of guarantor or suretyship that remains backbone of the customary laws of enforcing mechanisms in civil and criminal issues and the relationship between the contract of donor and donee and the circumstances that systematically disinherit heir and its remedies
After you have read the notes provided on Study Unit 7, watch the videos for the summary of the Law of contract under Customary laws of Ethiopia, Somalia, South Sudan and Eastern Sudan
Dear Learners,
Kindly attempt the quiz before the deadline as it forms part of your formative assessment. Thank You.
- Study Unit 8: Criminal Liabilities and Civil Remedies under the Customary Laws of Ethiopia, Somalia, South Sudan and Eastern Sudan
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.
This study unit explains the different types homicide and their adverse effects on peace and tranquility of the communities, the key elements of blood money as a means for retribution, deterrence and compensation and differentiate between blood money and ransom, the person or group of persons with the right to pay and receive blood money and the difference types of physical injuries and accordingly compensations, the exact definitions and elements of rape and the challenges of rehabilitating victim of rape, the criminal liabilities and civil remedies when Adultery or Bigamy is perpetrated, the diversified rationale for seductions and their impact and when would it entail liabilities against seduced and seducer
After you have read the notes provided on Study Unit 8, watch the videos for the summary of Criminal Liabilities and Civil Remedies under the Customary Laws of Ethiopia, Somalia, South Sudan and Eastern Sudan
Dear Learners,
Kindly attempt the quiz before the deadline as it forms part of your formative assessment. Thank You.