The general principles of the Somali penal code in the light of the Islamic Sharia

Abstract EN

The Somali Penal Code in its Book One, contains a number of general principles that guide the court when applying and interpreting the Law.

The article closely examines the following four principles; “The Presumption of Innocence ” which considers that the accused person is innocent until proven guilty of a criminal offense, the second principle is “Legality Principle” which means that only the law can define a crime and prescribe a penalty, the third principle is “The Retrospectivity Principle”, it means that laws should not have retrospective effects, the last principle the study examines is “The Double Jeopardy Principle” which prohibits trying a person twice for the same crime.

This article examines whether the general principles of the Somali Penal Code are compatible with the Islamic Sharia since the constitution binds compliance of the laws of the state with the general principles and objectives of Islamic Sharia.