National Code - Republic of Adal

Preamble

Pursuant to its powers under Article 35 of the Constitution, the National Assembly enacts this National Code to govern every domain of public and private life not already addressed by the Civil, Property & Government Code: the definition and punishment of crime, the procedure by which justice is done, the law of marriage and the family, the entry and status of foreigners, the conduct of commerce and employment, the raising of public revenue, and the protection of health, learning, environment, and the nation's defense.

Together with the Constitution and the Civil, Property & Government Code, this Code completes the legal framework required for a fully functioning, sovereign Islamic democratic republic. Where this Code is silent, the general principles of the Constitution, Islamic law, and Xeer custom apply as provided in Article 2 of the Civil, Property & Government Code.

This Code is issued in English, Somali, and Arabic, with the Somali text controlling in case of interpretive conflict, consistent with the Constitution.

Books of the Code

Book I: Penal Code Book II: Criminal & Civil Procedure Book III: Family & Personal Status Law Book IV: Immigration & Nationality Book V: Commercial & Company Law Book VI: Labor & Employment Law Book VII: Taxation Law Book VIII: Health Law Book IX: Education Law Book X: Environmental Law Book XI: National Security & Defense Book XII: Final Provisions

Book I: Penal Code

Articles 1–12

Article 1: Principles of Criminal Law

No act or omission is a crime, and no penalty may be imposed, except as defined by law in force at the time of commission. Every accused person is presumed innocent until proven guilty before a competent court. Criminal statutes shall not be applied retroactively except where the new law favors the accused.

Article 2: Classification of Offenses

Offenses are classified as felonies (punishable by more than three years' imprisonment), misdemeanors (punishable by imprisonment of three years or less, or fines), and infractions (punishable by fine only). Classification determines the court of first instance and the procedural protections afforded under Book II.

Article 3: Criminal Responsibility

A person is criminally responsible from the age of fifteen. Persons aged ten to fourteen are subject exclusively to the juvenile justice system under Article 11. No person may be held criminally responsible for an act committed while of unsound mind, under unlawful duress, or in lawful self-defense, each as defined by law.

Article 4: Offenses Against the Person

Unlawful killing, bodily harm, kidnapping, and offenses against personal liberty are punishable under this Code. Where the victim or their heirs are entitled to seek retribution (qisas) or blood compensation (diya) under Islamic law in cases of killing or bodily harm, the court shall give effect to a settlement between the parties, without prejudice to the State's independent power to impose a discretionary penalty (ta'zir) where the public interest requires it.

Article 5: Offenses Against Property

Theft, robbery, fraud, embezzlement, extortion, and criminal damage to property are punishable under this Code, with penalties graduated by the value taken or damaged and the degree of violence or breach of trust involved.

Article 6: Offenses Against Public Order and the State

Treason, terrorism, incitement to violence, unlawful possession of weapons of war, and corruption by public officials under Article 61 of the Civil, Property & Government Code are felonies subject to the most severe penalties this Code permits, prosecuted by the Attorney General's office.

Article 7: Offenses Against Public Morals

Conduct prohibited by Islamic law and codified by the Assembly as an offense against public morals is punishable under this Code, applied with due regard to the dignity and privacy rights guaranteed in Chapter II of the Constitution and enforced only on the basis of credible evidence presented before a court.

Article 8: Cybercrime

Unauthorized access to computer systems, theft of digital assets including Adali Rijal, attacks on the Adal sidechain or its validators, and online fraud are punishable under this Code, with penalties equivalent to analogous offenses against physical property and additional penalties for attacks on critical national infrastructure.

Article 9: Penalties

Penalties available to the courts are: imprisonment, fines, restitution and compensation to victims, community service, and, for offenses to which Islamic criminal law (hudud) applies, the penalties prescribed by Sharia as enacted into law by the Assembly, subject always to the due process guarantees of Book II.

Article 10: Aggravating and Mitigating Circumstances

Courts shall consider as aggravating factors: premeditation, abuse of public office, exploitation of a child or vulnerable person, and repeat offending. Courts shall consider as mitigating factors: genuine remorse, restitution made before sentencing, provocation, and cooperation with investigators.

Article 11: Juvenile Justice

Persons under eighteen accused of an offense shall be tried before a specialized Juvenile Court, which shall prioritize rehabilitation over punishment, may order educational or family-based remedies in place of detention, and shall never impose capital or corporal punishment. Identities of juvenile defendants are protected from public disclosure.

Article 12: Statute of Limitations

Prosecution for misdemeanors and infractions is barred after five years from the date of the offense; prosecution for felonies is barred after fifteen years, except that offenses against the State, terrorism, and offenses causing death carry no limitation period.

Book II: Criminal and Civil Procedure

Articles 13–24

Article 13: Rights of the Accused

Every accused person has the right to be informed promptly of the charge against them, to legal counsel of their choosing or, if indigent, counsel appointed at state expense, to remain silent without that silence being held against them, and to a fair and public trial without undue delay.

Article 14: Arrest and Detention

No person may be arrested except on a warrant issued by a court or, in cases of offenses committed in the presence of an officer, without warrant followed by judicial review within twenty-four hours. No person may be detained without charge for more than forty-eight hours without the approval of a court, renewable only for specific investigative cause.

Article 15: Investigation and Prosecution

Criminal investigations are conducted by the police under the supervision of public prosecutors within the Attorney General's office, which alone has authority to file criminal charges before a court.

Article 16: Bail

An accused person is entitled to release on bail pending trial unless the prosecution demonstrates to a court a substantial risk of flight, interference with witnesses, or danger to the public that cannot be addressed by conditions short of detention.

Article 17: Trial Procedure

Trials are conducted before a panel of judges in open court, save where the court orders closure to protect a victim's privacy, national security, or the identity of a juvenile. The accused has the right to confront and cross-examine witnesses and to present a defense.

Article 18: Evidence

Guilt must be proven beyond reasonable doubt on the basis of admissible evidence. Evidence obtained through torture, coercion, or unlawful search is inadmissible. Confessions must be corroborated by independent evidence to support a conviction.

Article 19: Sentencing

Sentencing follows conviction at a separate hearing at which the prosecution, the defense, and, where applicable, the victim may be heard. Sentences must be reasoned in writing and published, save for details that would identify a protected witness or juvenile.

Article 20: Appeals

A convicted person may appeal to the Court of Appeal as of right on questions of law and, for felony convictions, on questions of fact. Further appeal on points of law lies to the Supreme Court. Sentence enforcement is suspended pending a timely first appeal except where the court orders otherwise for flight risk.

Article 21: Commencement of Civil Proceedings

A civil claim is commenced by filing a statement of claim with the Municipal, District, or Regional Court of appropriate jurisdiction, with the defendant entitled to file a defense within thirty days and to raise counterclaims.

Article 22: Civil Evidence and Burden of Proof

The claimant bears the burden of proving their case on the balance of probabilities. Courts may admit documentary, testimonial, and expert evidence and may draw adverse inferences from a party's unjustified refusal to produce evidence in its control.

Article 23: Enforcement of Judgments

A final civil judgment is enforceable through attachment of assets, garnishment of income, or other measures ordered by the court, executed by court bailiffs, with imprisonment for debt prohibited except for willful contempt of a court order.

Article 24: Alternative Dispute Resolution

Parties to a civil dispute may agree to resolve it through arbitration, mediation, or Xeer customary process, and a settlement reached through such process is enforceable as a court judgment upon registration with the Regional Court, provided it does not violate public policy or the rights of a third party.

Book III: Family and Personal Status Law

Articles 25–36

Article 25: Marriage

Marriage requires the free consent of both parties, the minimum age of eighteen for both spouses (or sixteen with judicial approval and parental consent), payment of a dower (mahr) agreed between the parties, and registration with the Civil Registry under Article 68 of the Civil, Property & Government Code. An unregistered marriage is not recognized for purposes of inheritance, custody, or spousal maintenance.

Article 26: Polygamy

A man may not be married to more than four wives simultaneously, and only where he demonstrates to the Family Court the financial capacity to support each household equitably and obtains the court's prior approval. Each wife and her children retain full and equal legal rights regardless of the order of marriage.

Article 27: Divorce

Marriage may be dissolved by mutual agreement, by talaq pronounced by the husband and registered with the Family Court, by khul' initiated by the wife with return of the dower, or by judicial divorce granted by the Family Court on grounds including harm, abandonment, or failure to provide maintenance. No divorce is effective until registered.

Article 28: Custody of Children

Custody decisions are made by the Family Court applying the best interests of the child as the paramount consideration, taking account of Islamic custody principles while ensuring the child's welfare, education, and continued relationship with both parents absent demonstrated harm.

Article 29: Maintenance

A husband is obligated to maintain his wife and children during marriage and, for a prescribed waiting period (idda), after divorce. The Family Court may order maintenance payments enforceable as a civil judgment, including through deduction from wages or government benefits.

Article 30: Inheritance

The estate of a deceased Muslim is distributed among heirs according to the fixed shares (mawarith) of Islamic law. Non-Muslim citizens may elect to have their estates distributed under a civil intestacy scheme established by regulation of the Ministry of Justice. All inheritance distributions must be registered with the National Land Registry for any immovable property involved.

Article 31: Wills and Bequests

A person may bequeath by will (wasiyya) no more than one-third of their estate to persons other than their legal heirs, except with the unanimous consent of all heirs for a larger share. Wills must be in writing, witnessed, and filed with the Family Court to be given effect.

Article 32: Adoption and Guardianship

The Family Court may appoint a legal guardian (wali) for a minor or incapacitated person to manage their affairs and property, subject to annual accounting to the court. Adoption (kafala) creates a guardianship and maintenance relationship without altering the lineage or inheritance rights of the child under Islamic law.

Article 33: Domestic Violence Protection

A victim of domestic violence may obtain an emergency protection order from any Municipal Court within twenty-four hours of application, requiring the offender to vacate the shared residence and refrain from contact, enforceable by the police, pending a full Family Court hearing within fourteen days.

Article 34: Personal Status Registration

Marriages, divorces, births, adoptions, and deaths affecting personal status must be registered with the Civil Registry within thirty days, and the Family Courts shall transmit copies of every relevant order to the Registry to maintain its accuracy.

Article 35: Inter-Faith and Foreign Marriages

Marriages involving a foreign national or a non-Muslim party are recognized if validly concluded under the law of the place of celebration or under this Code, and registered with the Civil Registry, without prejudice to the inheritance election available under Article 30.

Article 36: Family Courts

Family Courts, a specialized division of the Regional Courts, have exclusive jurisdiction over marriage, divorce, custody, maintenance, inheritance, and guardianship matters, and may draw on Sharia Court scholars as advisors on questions of Islamic law.

Book IV: Immigration and Nationality

Articles 37–42

Article 37: Entry and Visas

Foreign nationals require a visa to enter the Republic, issued by the Ministry of Foreign Affairs or its consular posts, except for nationals of states with which the Republic maintains a visa-waiver agreement. Visa categories include visitor, work, investment, study, and diplomatic visas.

Article 38: Residence Permits

A foreign national intending to reside beyond the validity of their visa must obtain a residence permit from the Ministry of Interior, renewable annually, which is a precondition for leasehold land tenure under Article 25 of the Civil, Property & Government Code and for naturalization under Article 67 of that Code.

Article 39: Asylum and Refugee Protection

A person fleeing persecution on account of race, religion, nationality, political opinion, or membership of a particular social group may apply for asylum, which shall be determined by a Refugee Status Determination Committee within ninety days, with no person returned to a country where they face a genuine risk of persecution or torture.

Article 40: Deportation and Extradition

A foreign national may be deported for unlawful presence, threat to public order, or criminal conviction, subject to judicial review and a right of appeal. Extradition of a person to face prosecution abroad requires a treaty or reciprocal arrangement, judicial approval, and assurance that the death penalty or torture will not be applied for an offense not punishable by death in the Republic.

Article 41: Diaspora Engagement

Citizens of Adal residing abroad retain full citizenship rights including the right to vote under Article 54 of the Civil, Property & Government Code, and the Ministry of Foreign Affairs shall maintain consular services and a diaspora registry to facilitate investment, remittances, and the homestead land program under Article 34 of that Code.

Article 42: Border Management

The Ministry of Interior, in coordination with the armed forces, manages entry points and the national border, maintains biometric records of entries and exits integrated with the Civil Registry, and may designate border zones subject to special security regulation.

Book V: Commercial and Company Law

Articles 43–52

Article 43: Forms of Business Entities

A business may be conducted as a sole proprietorship, a general or limited partnership, a limited liability company, or a public or private corporation, each registered with the Ministry of Commerce and Industry's business registry, which assigns a unique registration number used across tax, customs, and licensing systems.

Article 44: Company Registration

Registration of a company requires filing of constitutive documents, identification of beneficial owners for the registry required under Article 28 of the Civil, Property & Government Code, and payment of the prescribed fee, and shall be completed within seven business days of a complete application.

Article 45: Corporate Governance

Corporations with more than ten shareholders must maintain a board of directors, hold annual general meetings, and provide shareholders audited financial statements, with directors owing fiduciary duties of loyalty and care enforceable by shareholder derivative action before the Commercial Court.

Article 46: Contracts

A contract is formed by offer, acceptance, and lawful consideration, and is enforceable according to its terms unless it involves riba (usury), gambling, or another transaction prohibited by Islamic commercial principles, in which case the Commercial Court shall sever or reform the offending term where possible rather than void the entire agreement.

Article 47: Negotiable Instruments

Cheques, promissory notes, and bills of exchange are negotiable instruments transferable by endorsement, and dishonor of such an instrument gives the holder a summary right of action before the Commercial Court without need to prove the underlying transaction.

Article 48: Insolvency and Bankruptcy

An insolvent debtor, individual or corporate, may petition the Commercial Court for reorganization or liquidation. Reorganization permits continued trading under a court-supervised repayment plan; liquidation distributes assets to creditors in order of secured claims, employee wages, tax liabilities, and unsecured claims, in that order.

Article 49: Competition Law

Agreements to fix prices, divide markets, or abuse a dominant market position are prohibited and enforceable by the Ministry of Commerce and Industry's competition authority, which may impose fines of up to ten percent of annual turnover and order the divestiture of unlawfully acquired market power.

Article 50: Consumer Protection

Consumers are entitled to accurate product information, protection from fraudulent and deceptive trade practices, and a right of redress before the Commercial Court or a simplified consumer claims tribunal for claims below a threshold set by regulation.

Article 51: Banking and Islamic Finance

Banks and financial institutions are licensed and supervised by the Central Bank of Adal. Financial products must be structured to avoid riba, using profit-and-loss-sharing (mudarabah, musharakah), cost-plus sale (murabaha), or leasing (ijara) structures, or other Sharia-compliant instruments approved by the Central Bank's Sharia advisory board.

Article 52: Insurance and Takaful

Insurance is offered through takaful (mutual, cooperative risk-sharing) arrangements licensed by the Central Bank, in which participants contribute to a common fund from which claims are paid and surplus is distributed or carried forward, consistent with Islamic principles.

Book VI: Labor and Employment Law

Articles 53–60

Article 53: Employment Contracts

Every employment relationship of more than thirty days must be evidenced by a written contract stating wages, hours, duties, and termination terms, provided to the employee in a language they understand, and filed with the Ministry of Labour for employers of more than ten employees.

Article 54: Minimum Wage and Working Hours

The Ministry of Labour shall set and annually review a national minimum wage. Standard working hours shall not exceed forty-eight hours per week, with overtime compensated at not less than one and a half times the regular rate, and every employee entitled to at least one rest day per week.

Article 55: Workplace Safety

Employers must maintain a safe working environment in accordance with standards issued by the Ministry of Labour, report serious workplace injuries within forty-eight hours, and provide compensation through a mandatory workplace injury insurance scheme.

Article 56: Termination and Severance

An employer terminating an employee without cause after one year of service must provide notice or pay in lieu, plus severance pay calculated according to a schedule set by the Ministry of Labour. Dismissal for cause requires documented prior warning except in cases of gross misconduct.

Article 57: Trade Unions and Collective Bargaining

Workers have the right to form and join trade unions and to bargain collectively, consistent with Article 11 of the Constitution. Strikes are lawful where preceded by a mandatory mediation period of fourteen days, except in essential services designated by law, where compulsory arbitration applies.

Article 58: Prohibition of Child Labor and Forced Labor

No person under fifteen may be employed except in light work that does not interfere with education, as defined by regulation. Forced labor, debt bondage, and human trafficking for labor exploitation are felonies under Book I of this Code.

Article 59: Foreign Workers

Employment of foreign workers requires a work permit tied to a registered employer, issued by the Ministry of Labour in coordination with the Ministry of Interior, with quotas and sector restrictions set by regulation to protect employment opportunities for citizens consistent with the Constitution's prosperity rights.

Article 60: Labor Dispute Resolution

Individual labor disputes are heard by Labor Tribunals, a specialized division of the Regional Courts, with mandatory conciliation by the Ministry of Labour preceding any claim, and collective labor disputes are subject to the mediation and arbitration mechanisms of Article 57.

Book VII: Taxation Law

Articles 61–66

Article 61: Tax Authority

The Adal Revenue Authority, under the Ministry of Finance, administers and collects all national taxes, customs duties, and Zakat contributions, and maintains a single taxpayer identification number system integrated with the business and civil registries.

Article 62: Income Tax

Individual income above a threshold set annually by the Assembly is subject to progressive income tax, within the 35% combined tax burden limit of Article 45 of the Constitution, with Universal Basic Income payments exempt from taxation.

Article 63: Corporate Tax

Registered businesses are subject to corporate tax on net profits at a rate set by the Assembly, with reduced rates or exemptions available for enterprises operating within an Innovation Zone designated under Article 53 of the Constitution.

Article 64: Customs and Excise Duties

Goods imported into or exported from the Republic are subject to customs duties at rates published in a national tariff schedule, and specified goods are subject to excise duties, both collected at the point of entry or production by the Adal Revenue Authority.

Article 65: Zakat Administration

The Adal Revenue Authority maintains a dedicated Zakat fund, separate from general tax revenue, into which obligatory Zakat contributions are collected from Muslim citizens on the bases prescribed by Islamic law, disbursed exclusively to the categories of beneficiaries recognized by Sharia.

Article 66: Tax Disputes and Appeals

A taxpayer disputing an assessment may object to the Adal Revenue Authority within thirty days and, if dissatisfied, appeal to a specialized Tax Tribunal and thereafter to the Regional Court, with collection of the disputed amount suspended pending a properly filed objection.

Book VIII: Health Law

Articles 67–70

Article 67: National Health System

The Ministry of Health operates a national health system providing the universal essential healthcare guaranteed under Article 15 of the Constitution, financed through general taxation and supplemented by private and Takaful health insurance.

Article 68: Medical Licensing

No person may practice medicine, dentistry, nursing, midwifery, or pharmacy without a license issued by the relevant professional council under the Ministry of Health, which sets qualification standards, maintains a public register of licensed practitioners, and may suspend or revoke licenses for malpractice.

Article 69: Public Health Emergencies

The Minister of Health may declare a public health emergency for an outbreak of communicable disease, authorizing quarantine, mandatory reporting, and emergency procurement measures, subject to a thirty-day limit renewable by the Council of Ministers and to judicial review of any measure restricting individual liberty.

Article 70: Patient Rights

Every patient has the right to informed consent before treatment, to access their own medical records, to confidentiality of health information, and to a second medical opinion, enforceable through complaint to the relevant professional council or action before the Regional Court.

Book IX: Education Law

Articles 71–74

Article 71: Compulsory Education

Education is compulsory and free for every child from age six to fifteen, as guaranteed under Article 14 of the Constitution, with parents or guardians responsible for ensuring attendance and the Ministry of Education responsible for providing accessible schools within reasonable distance of every community.

Article 72: School Licensing and Curriculum Standards

All schools, public, private, and religious, must be licensed by the Ministry of Education and follow the national curriculum framework, which includes Somali, Arabic, mathematics, science, Islamic studies, and civic education, while permitting supplementary religious or specialized instruction.

Article 73: Higher Education

Universities and technical institutes are accredited by a National Higher Education Commission, which sets quality standards, recognizes foreign qualifications for purposes of professional licensing, and administers merit-based scholarships funded in part by natural resource revenues under Article 48 of the Constitution.

Article 74: Teacher Certification

No person may teach in a licensed school without certification from the Ministry of Education, which sets minimum qualification requirements and provides continuing professional development, with certification subject to suspension for misconduct established through due process.

Book X: Environmental Law

Articles 75–78

Article 75: Environmental Protection Principles

The Ministry of Environment implements the environmental rights and duties of Article 16 of the Constitution, applying the polluter-pays principle and the precautionary principle to all licensing and enforcement decisions.

Article 76: Environmental Impact Assessment

No major infrastructure, industrial, extractive, or land development project may proceed without an environmental impact assessment approved by the Ministry of Environment, made publicly available, and subject to a public comment period of not less than thirty days.

Article 77: Pollution Control

Discharge of pollutants into air, water, or soil above limits set by regulation is prohibited and subject to civil penalties, cleanup orders, and, for willful or grossly negligent violations causing serious harm, criminal prosecution under Book I.

Article 78: Protected Areas and Wildlife

National parks, marine reserves, and other protected areas designated under Article 21 of the Civil, Property & Government Code are managed by the Ministry of Environment, which regulates hunting, fishing, and resource extraction within them and enforces penalties for poaching and illegal logging.

Book XI: National Security and Defense

Articles 79–83

Article 79: Armed Forces Organization

The armed forces of the Republic, under the command of the Governor as Commander-in-Chief and the operational direction of the Ministry of Defense, consist of land, maritime, and such other forces as the Assembly establishes, organized to defend the sovereignty and territorial integrity of the Republic.

Article 80: Conscription and Voluntary Service

Military service is voluntary for citizens aged eighteen and above, except that the Assembly may authorize a limited period of compulsory national service in time of declared war or existential threat, with conscientious objectors directed to non-combat civil service roles.

Article 81: State of Emergency Procedures

Implementing Article 66 of the Constitution, a declared state of emergency activates a National Security Council chaired by the Governor, which coordinates the armed forces, police, and civil authorities, reports to the Assembly every fourteen days, and stands automatically dissolved when the emergency lapses.

Article 82: Intelligence Services Oversight

National intelligence and security services operate under a charter approved by the Assembly, are subject to oversight by a dedicated parliamentary committee with security clearance, and may conduct surveillance only under judicial warrant except in narrowly defined emergency circumstances reported to the committee within seventy-two hours.

Article 83: Arms Control

Civilian possession of firearms requires a license issued by the Ministry of Interior on proof of legitimate purpose and the absence of disqualifying criminal history. Possession of weapons of war, explosives, and military ordnance by any person other than the armed forces or police is a felony under Book I.

Book XII: Final Provisions

Articles 84–86

Article 84: Relationship to the Constitution and Civil Code

This Code is subordinate to the Constitution and operates alongside the Civil, Property & Government Code, neither displacing the other; where the two Codes overlap, the more specific provision governs the particular matter at hand.

Article 85: Entry into Force

This Code enters into force upon publication in the Official Gazette. Existing licenses, registrations, contracts, and judicial proceedings remain valid and shall be administered under this Code from the date of its entry into force.

Article 86: Amendment Procedure

This Code may be amended or repealed by ordinary Act of the National Assembly following the legislative procedure of Article 46 of the Civil, Property & Government Code, and does not require the constitutional amendment procedure unless the amendment would also alter a constitutional provision.

Closing Provisions

Authoritative Texts: This Code is enacted in English, Somali, and Arabic. In case of conflict, the Somali text prevails, consistent with the Constitution.

Custodian: The original signed text of this Code shall be preserved in the National Archives alongside the Constitution and the Civil, Property & Government Code.

Enacted by the National Assembly of the Republic of Adal

Key Provisions at a Glance

Due Process Guaranteed

Arrest, detention, trial, and appeal are all bound by enforceable time limits and rights of counsel, silence, and confrontation.

Islamic Family Law Codified

Marriage, divorce, inheritance, and custody operate under clear Sharia-based rules with mandatory civil registration.

Sharia-Compliant Commerce

Banking, insurance, and contracts are structured to avoid riba while giving businesses clear, enforceable rules.

Worker Protections

Minimum wage, safe workplaces, union rights, and a ban on child and forced labor are all statutory, not aspirational.

Dedicated Zakat Fund

Zakat is collected and disbursed separately from general taxation, reserved exclusively for Sharia-recognized beneficiaries.

Civilian-Controlled Security

The armed forces and intelligence services operate under civilian command, parliamentary oversight, and judicial warrant requirements.

Official Documents

Full Code (PDF)

Complete text of the National Code in English, Somali, and Arabic

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Civil, Property & Government Code

Ownership, land, and the organization of the state

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Constitution

The fundamental law both Codes implement

View Constitution

National Code of the Republic of Adal