Information on whether a widow of the Isaaq Habr Awal clan has to marry her husband's brother in order to live safely in Somaliland [SOM19078.E]

According to a community worker of Somali Immigrant Aid, Toronto, the cultural tradition of all Somali clans requires a widow to marry the brother of her husband (30 Nov. 1994). A representative of the Somali-Canadian Association of Etobicoke in Toronto corroborated this information (30 Nov. 1994).

The community worker of Somali Immigrant Aid stressed that today, educated urban women can refuse to follow this tradition and are able to support themselves independently as a result of their education (ibid.). However, rural uneducated women who are supported entirely by their husbands, have no choice but to marry a brother-in-law should the husband die (ibid.). This tradition is based on financial grounds because both a married woman and a widow have no means of support but that given by her husband's family. Should a widow refuse to marry her brother-in-law, she will be caste out of her husband's family (ibid.; DIRB April 1994, 7). She will also lose her children (30 Nov. 1994). Considered a member of her husband's family, and having left her own immediate family at the time of her marriage, a woman cannot return to her parents (ibid.).

Should the widow have more than one brother-in-law, either the eldest or the wealthiest brother will marry her (ibid.). The decision will be made among the brothers; the woman has no say. Whether or not the brother-in-law is married is irrelevant as Somalis are polygamous. Should the deceased not have any brothers, the widow will be married to another male relative within her husband's family (ibid.).

The sources differed when explaining why a widow is required to marry her brother-in-law. According to the representative of the Somali-Canadian Association, a widow must marry her brother-in-law if she wishes to keep her husband's possessions (30 Nov. 1994). However, the community worker of Somali Immigrant Aid contradicted this information, stating that a woman does not inherit her husband's possessions upon his death; the possessions of the deceased man belong to his family who will determine the distribution. The widow receives nothing automatically and is thus completely dependent on her husband's family for support (30 Nov. 1994).

Please consult the DIRB Question and Answer series paper Women in Somalia for further information on Somali women in general. This publication is available at your Regional Documentation Centre. Pages 2-3 deal with the Family Law of 1975 and the rights and protections extended to women, however, since 98 per cent of Somalis are Muslim, the Muslim Family Law takes precedence. Pages 6-8 discuss the clan system, clan obligations towards their women and child custody.

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References


Documentation, Information and Research Branch (DIRB), Immigration and Refugee Board, Ottawa. April 1994. Women in Somalia.

Somali-Canadian Association of Etobicoke, Toronto. 30 November 1994. Telephone interview with representative.

Somali Immigrant Aid, Toronto. 30 November 1994. Telephone interview with community worker.