Afar Mada’a
Digital Reading Mode
Introduction
Afar customary law, known as Mada’a, is a comprehensive traditional legal system transmitted orally for generations. It governs many areas of life, including marriage, inheritance, serious crimes, reconciliation, compensation, and the use of natural resources such as water and grazing land.
These customary laws were collected and documented in writing through a process carried out over seven consecutive years, from 2008-2014
The Five Afar Customary Law Systems
1. Bur’ili Mada’a
This type of Mada’a was established in Eritrea at a place known as Idi, specifically at Mada’ah Alayto, meaning the law tree. It is used in Eritrea and in Afar Region Zones 2 and 4. In this system, most compensation is assessed in goats.
2. Budito Badih Mada’a
This system was established at Rekub Hada, between Mogoros and Dabu. It is used in Eritrea and in Afar Region Zones 1, 3, 4, and 5. Compensation is usually assessed in camels, cattle, and goats.
3. Afki’ak Ma’adih Mada’a
This system was established at a place called Wala’asan near Aysaita. It is used in Afar Region Zones 1, 3, and 5.
4. Badoyta Melah Mada’a
This system was established at Tewe’o in Ada’ar District and is used in parts of Afar Region Zone 5.
5. Debnek We’imih Mada’a
This system was established at Adaylu on the We’imi River and is used in Djibouti and in parts of Afar Region Zone 3.
Meaning and Characteristics of the Customary Law
In Afar customary law, punishment and responsibility are based on fundamental principles relating to prohibited acts and obligations that must not be neglected.
Distinctive Features
- An offender can be punished even before being arrested or detained.
- The law distinguishes between intentional and unintentional acts.
- Failing to prevent wrongdoing while witnessing it can also be punishable.
- Responsibility may extend beyond the individual offender to the offender’s clan, creating collective responsibility.
- Except for children and women, any community member may attend the hearing and give an opinion.
- Compensation is paid in living animals, not primarily in cash.
The Afar Customary Court Process (Shengo)
- A complaint is presented.
- If the complainant is an adult, the case proceeds; if the complainant is a child, a guarantor or representative is requested.
- A date is fixed for the case.
- The date and place of the Shengo hearing are appointed.
- The complainant is expected to provide food and water when the Shengo sits.
- Before the hearing begins, both the accuser and the accused are asked to provide guarantors.
- The complainant speaks first.
- The accused party is then given the opportunity to admit or deny the allegation.
- Both sides may be given another chance to speak.
- The substance of the dispute is summarized and reviewed.
- The elders analyze the core issue of the dispute.
- They examine whether witnesses are required or whether the statements are sufficient.
- If witnesses are needed, their testimony is heard; if they are absent, another date is set.
- If witnesses are unavailable, an oath may be ordered.
- If the complainant succeeds, a decision is given; if the witnesses do not support the complainant, the accused may be declared not reached by the claim.
- The proposed decision is announced to both sides.
- A dissatisfied party may appeal, and the case may be taken to another Shengo.
- The final decision is closed with Fatiha or prayer.
Determining Punishment and Compensation
The five customary law systems generally address punishment in two forms: retaliation and compensation. Retaliation means responding to a serious act with a corresponding act, especially in homicide cases. Although revenge is not encouraged, it has traditionally not always been treated as wrongdoing when it occurs in response to a killing.
Compensation is payment for loss or damage. If the family of a deceased person agrees, life compensation is paid. Under Afar customary law, compensation for crimes against persons is divided into diyat, life compensation, and dikha, bodily injury compensation. Compensation may also apply to injuries to limbs, sexual offenses, insults, theft, burning, and other harms.