Somalia’s Islamic Courts …strong entity in the state

Shima Hafzy

• Armed conflict…Overthrowing of President Barre
• Addis Ababa has allied with Washington
• US dissolved the courts … The Ethiopian invasion of Somalia returned it back

The Sharia-based courts were established in 1994 and have gained popular support by providing a semblance of order in Mogadishu, which was mostly ruled by warlords since the 1991 ouster of president Mohamed Siad Barre in 1991.

Barre was the third President of Somali from 1969 to 1991, after the 1969 coup following the assassination of President Abdirashid Ali. He was adopting socialism. He also started the Ogaden War against Ethiopia till his overthrowing in 1991.

The early years of the Islamic courts include such outfits as Sheikh Ali Dheere’s, established in Mogadishu, to be followed by 17courts united by Sheikh Hassan Dahir Aweys.

The courts continued to operate in sporadic cases without any political or military influence until they were reunited and returned to Somalia in 1997. Each tribe began to establish its own court.

Washington dissolved the courts

In 2001, the courts extended their influence in southern Mogadishu after the formation of the former interim government headed by Abdiqasim Salad Hassan, but were under American pressure to resolve it, especially after the September 11 attacks.

Interim government in Somalia has included the Islamic courts to the Judiciary in Somalia. The security situation in Somalia has not been stable, especially with the return of armed gangs that were looting and kidnapping, so popular leadership committees of tribal leaders, businessmen and citizens were formed in the capital to deal with the deteriorating situation.

These committees were able to convince a large number of scholars to work in the Islamic courts again in 2003.

That courts were formed after the merger of all the courts in one entity in 2004, and former military persons with a number of warlords joined,  so the courts quickly turned into a political military movement.

In 2005, the courts agreed to establish the Supreme Council of Shari’a Courts in Mogadishu; they also have elected Sheikh Sharif Sheikh Ahmed as President of the Council and began joint operations against armed gangs in several districts of the capital.

Confronting the Warlords

The Union of Islamic Courts (ICU) fought various Somali warlords and their militias for regional control, particularly in Mogadishu. Military victories began in Mogadishu and the capital became the first time in 15 years controlled by a Somali faction.

The courts forced the warlords to go out of the capital. The courts were accused of being linked to al-Qaeda.

In 2006, Ethiopian troops moved into Somali territory, Somalia’s interim government was then resisting advances by the Islamic Courts Union forces.

The courts, which receive support from Eritrea, declared that their withdrawal was a tactical withdrawal and intended to continue its war against Ethiopian troops.

In January 2007, Ethiopia announced its willingness to withdraw from Somalia within two years, which took place in early 2009. A power-sharing agreement was signed between splinters Islamist group under the leadership of Sheikh Sharif Sheikh Ahmed,  to form “the Alliance for the Re-Liberation of Somalia”, In Djibouti.

Al-Shabaab militant group broke away from the Union of Islamic Courts (ICU), after the moderate Islamist opposition won 200 seats in parliament and the leader of the Alliance for the Re-Liberation of Somalia (SCIRI) was elected president of the Transitional Federal Government on Jan. 31, 2009.

Since then, Al-Shabaab accuses the new president of the TFG of creating a secular government and the civil war has continued since took the office in Mogadishu.