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 The
southern Somali union (SSU) is strongly condemning the barbaric
killing of Mr. Omar Hussein in the capital of Somalia, Mogadishu.
The graphic photographs of the barbaric execution posted on the
major Somali internet sites were horrifying and astonished the
majority of the public. The most saddening of all, however, was
the lack of disapproval among the Somali civil societies, human
right organizations and Somali Islamic scholars as if the life of
certain groups of Somalis is meaningless. These disturbing images
have psychologically traumatized millions of people who viewed them
online including us. As we all know these so-called Islamic courts
are established to protect the territorial interest of each of the
Hawiye clans and are run by respective clan Mullahs who are more
dangerous than the warlords of Mogadishu. These Mullahs hide
themselves behind a religion and make the least educated members of
the public believe that they implement Islamic laws. As it was
reported by the Somali media, this execution was the first to be
held in the Somali capital for a decade. The irony here is that
in Mogadishu and in the Southern of Somalia, the Hawiye militias
deliberately kill unarmed people on a daily basis and no court has
ever had the courage to bring them to justice because of fear of
retaliation. There are about 9-10 so-called Islamic courts in
Mogadishu with three belonging to Abgal, six to Habar Gedir and one
or two to Murasade clan. These Mullahs use Islam as a mean to
capitalize the tyranny of the defenseless Somalis living under the
area controlled by their militia clan. Since their creation,
none of these courts have ever carried an execution against a member
of an armed clan. This is a testimony that they are not a judicial
institution. The mockery of these courts is that they are
notorious of targeting minorities, who have no one to defend them.
In most part of the Southern Somalia, it has become a common daily
practice that crimes are committed by those in the power and their
militiamen with impunity. There are thousands of militiamen in
Mogadishu and elsewhere in Somalia who have committed massacre and
are still at large.
The
Maka Al-Mukarama court of Mogadishu found guilty Mr. Omar Hussein
without following Islamic due process and respecting human rights.
The
Holy Quran says, “Do not kill a soul, which Allah had made sacred
except through the due process of law (Quran 6:151). In another
verse Allah Says, “Nor take life which Allah had made sacred
except for just cause ((Al Quran 17: 33). As far as revenge for
murder is concerned, it can only be decided by a competent court of
law. “Islam is very clear in that anyone who commits murder
without due process of law would be considered to have killed the
entire humanity”.
On the
other hand, Islamic jurisprudence offers specific opinions that
protect human rights. Some of these can be found in the
writings of a great scholar of Islam, IBN HAZM, in his famous book
of jurisprudence, the MUHAALLA (1064 C.E.). The following is quoted
directly from his section of punishments: "Issue 2173:
Torture of any suspect is forbidden, even if done to force
disclosure of the truth about any crime." Again "Issue
2179: Any punishment of a suspect should be executed only after full
investigation and if firm evidence is established by qualified
witnesses. Any uncertainty regarding guilt must stop execution of
punishment."
Mr.
Hussein was condemned by the court to be tortured in front of
hundreds of viewers. As the graphic pictures showed, the performer
of the barbaric execution has vigorously punched with a knife in the
chest several times until Mr. Hussein who was hooded and bound fell
down and passed away. This act of barbarism is not permissible under
Islam even in situations where people have to slaughter animals for
food. Islam has made it clear that in order for the
slaughtering to be lawful, several measures must be taken by the one
performing the deed. In this regard, the Prophet Mohammed (peace be
upon him) said: "Allah calls for mercy in everything, so be
merciful when you kill and when you slaughter: sharpen your blade to
relieve its pain". The barbaric execution of Mr. Hussein
was against the teaching of Islam and that of any other religion.
It is
widely believed that the major determining factor in the imposition
of the death penalty and its execution for the court was the clan
the suspect belongs. As usual these courts almost exclusively target
the poor, and the defenseless. Imagine if Mr. Omar Hussein was from
an Abgal, Murasade or Habar Gedir clan, would he be possibly
executed? According to the experience gained in the past 15 years,
the answer will be absolutely no. The court order that has condemned
Mr. Omar Hussein was selective in targeting what is called in
Mogadishu today as “Looma Ooye-Looma Aare”, literally meaning of
someone who has no one to stand on his side and no one for him to
revenge. Indeed Mr. Omar Hussein was a Jareer from Shanta
Caleemood which automatically made him a good candidate for
a torture. A court that selectively condemns suspects based on
their clan of origin has no Islamic jurisdiction and therefore, its
claim to have followed an Islamic court of law is merely a
fabrication.
Under
Islam, the laws should be equal to all. During the prophet
time, a woman from a noble family of Madina committed a crime of
theft and was caught red handed. The case was brought to the Prophet
Mohammad and he was asked to spare the woman because she was from a
noble family. The Prophet Mohammad (SAW) replied:
“The
nations that lived before you were raised to the ground by Allah,
because they punished only the lower strata of their society and
forgave their own crimes. I swear By Allah whose hands are my life
that even if Fatima (the beloved daughter of Prophet Mohammad (SAW))
had committed this crime, I would have cut-off her hands (Mishkatt,
Kitb al Hadud)”.
It is
therefore very clear that these tribally instituted courts are
illegal courts that could not operate under Islamic laws or any
other laws; they pose a threat to the humanity and must be
dismantled. The SSU is strongly denouncing the acts of barbarism
that is targeted against the minorities and the unarmed clans in
Mogadishu and Southern Somalia. The SSU is holding responsible for
those who ordered the barbaric execution of Mr. Hussein and will
pursue them one day to the court of justice. The oppressed
people of Somalia have indeed suffered for the past 15-years. They
have been dispossessed and expelled from their own homes and land;
living under vicious rules, without human and civil rights, with
clan militiaman shooting them at will and clan owned courts
executing unwarranted death penalties as felt necessary. We call
upon the international community to stop the injustice inflicted
against the Somali minorities.
Dott. Aden Omar
Abokar
Chairman of SSU
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