The Southern Somali Union (SSU) is strongly condemning the barbaric killing of Mr. Omar Hussein in the capital of Somalia , Mogadishu . The g raphic 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.

Islamic Courts in Mogadishu  are targeting minorities, who have no one to defend them.

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 i n 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
[email protected]