camels. In the south, the Digil and the Rahanweyn,
sedentary agriculturalists, make up the last two of the clan
families. The territories of these clans are depicted on
Map
12
.
Somalis identify first with their clan family, but these are
very large and contain many subgroups. First among these
are clans that trace their descent back to one of the larger
clan families. More significant are the groupings within
clans called
diya-
paying groups,
which consist of closely
related kinspeople who pay and collect
diya
, or “blood
wealth,” compensation against the murder of one of their
members. Somali clans and
diya
-paying groups were
historically locked in to almost continual conflict over the
scarce
resources at their disposal, particularly water
sources and good grazing land for their animals. They also
constantly raided the herds of neighboring clans and
diya-
paying groups. Though clans had leaders called
sultans, and also elders, these people had no real power.
Political power was very widely dispersed, with every
Somali adult man being able to have his say on decisions
that might affect the clan or group.
This was achieved
through an informal council made up of all adult males.
There was no written law, no police, and no legal system to
speak of, except that Sharia law was used as a framework
within which informal laws were embedded. These informal
laws for a
diya
-paying group would be encoded in what
was called a
heer
, a body of explicitly formulated
obligations, rights, and duties the group demanded others
obey in their interactions with the group. With the advent of
colonial rule, these
heers
began to be written down. For
example, the Hassan Ugaas lineage formed a
diya-
paying
group of about fifteen hundred men and was a subclan of
the Dir clan family in British Somaliland. On March 8, 1950,
t h e i r
heer
was recorded
by the British district
commissioner, the first three clauses of which read
1. When a man of the Hassan Ugaas is murdered by
an external group twenty camels of his blood wealth
(100) will be taken by his next of kin and the remaining
eighty camels shared amongst all the Hassan Ugaas.
2. If a man of the Hassan Ugaas is wounded by an
outsider and his injuries are valued at thirty-three-and-
a-third camels, ten camels must be given to him and
the remained to his jiffo-group (a sub-group of the
diya
group).
3. Homicide amongst members of the Hassan Ugaas
is subject to compensation at the rate of thirty-three-
and-a-third camels, payable only to the deceased’s
next of kin. If the culprit is unable to pay all or part, he
will be assisted by his lineage.
The heavy focus of the
heer
on
killing and wounding
reflects the almost constant state of warfare between diya-
paying groups and clans. Central to this was blood wealth
and blood feuding. A crime against a particular person was
a crime against the whole diya-paying group, and
necessitated collective compensation, blood wealth. If such
blood wealth was not paid, the
diya
-paying group of the
person who had committed the crime faced the collective
retribution of the victim. When modern transportation
reached Somalia, blood wealth
was extended to people
who were killed or injured in motor accidents. The Hassan
Ugaas’s
heer
didn’t refer only to murder; clause 6 was “If
one man of the Hassan Ugaas insults another at a Hassan
Ugaas council he shall pay 150 shillings to the offended
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