Civil, Property & Government Code

Article 1: Purpose and Scope

This Code implements the Constitution by codifying the law of ownership and property, the law of land, and the organization, powers and duties of the executive, legislative, judicial and local government institutions of the Republic. It applies throughout the territory of Adal and to all persons, citizens and foreigners alike, within that territory.

Article 2: Hierarchy of Laws

Legal authority in the Republic ranks, from highest to lowest:

1. The Constitution
2. This Code and other Acts of the National Assembly
3. Regulations issued by the Council of Ministers under statutory authority
4. Municipal and regional by-laws
5. Customary law (Xeer) and Sharia personal-status rulings, applied where this Code expressly permits or where a matter is not otherwise regulated

Article 3: Definitions

For purposes of this Code:

1. "Immovable property" means land and anything permanently attached to it, including buildings and fixtures.
2. "Movable property" means all property other than immovable property, including tangible goods, money, and digital assets.
3. "State land" means land owned by the Republic, divided into the public domain and the private domain of the State under Articles 21–22.
4. "Customary land" means land held under traditional clan, family, or communal tenure recognized under Article 26.
5. "Title Certificate" means the document of record issued by the National Land Registry under Article 29.
6. "Ministry" means a department of the Council of Ministers established under Article 42.
7. "Civil servant" means a person employed in the public service of the Republic under Article 44.

Article 4: Application to Citizens and Foreigners

Citizens of Adal may acquire freehold ownership of immovable property without restriction, subject to law. Foreign nationals and foreign entities may acquire leasehold interests in immovable property under Article 25 and Title 4 of Book III, and may own movable property and intellectual property on the same terms as citizens, except where reserved to citizens by law for reasons of national security or strategic resources.

Article 5: Relationship to Sharia and Customary Law

Nothing in this Code displaces the application of Islamic inheritance shares (mawarith) to the property of a deceased Muslim, nor the right of parties to a dispute to seek resolution through Xeer or Sharia Courts as provided in Article 36 of the Constitution. Where Sharia or Xeer outcomes are inconsistent with the registration requirements of this Code, the parties must still register the resulting transfer with the National Land Registry for it to be effective against third parties.

Article 6: Forms of Ownership

Ownership may be held as: sole ownership by one person; joint ownership by two or more persons in undivided shares; corporate ownership by a registered business entity; State ownership; or waqf (charitable endowment) ownership administered by the Ministry of Religious Affairs and Awqaf. Each form carries the rights and obligations set out in this Book.

Article 7: Modes of Acquisition

Ownership of property may be acquired by:

1. Purchase or other voluntary transfer for value
2. Inheritance, in accordance with Islamic inheritance law or applicable testamentary instrument
3. Gift, properly documented and registered
4. Prescription, through continuous, open and undisputed possession of immovable property for fifteen years, subject to Article 31
5. Government grant or allocation under Title 4 of Book III
6. Original occupation of land that is neither State land, customary land, nor otherwise claimed, followed by registration

Article 8: Content of the Ownership Right

Ownership confers on its holder the right to use, enjoy, develop, lease, mortgage, sell, and dispose of the property, and to exclude others from it, subject only to the limits set out in Article 9 and elsewhere in law.

Article 9: Limits on Ownership

The exercise of ownership is subject to:

1. Compulsory acquisition for public purpose under Title 5 of Book III
2. Islamic inheritance shares applicable on the death of the owner
3. Land use, zoning and building regulations under Title 6 of Book III
4. Environmental protection law
5. Easements and servitudes lawfully created under Article 16

Article 10: Categories of Movable Property

Movable property includes tangible goods (vehicles, livestock, equipment, merchandise), money and negotiable instruments, securities and equity interests, and digital assets including the Adali Rijal and other registered digital tokens.

Article 11: Transfer of Movable Property

Ownership of movable property transfers upon delivery and payment, or as otherwise agreed by the parties, except that transfers of registered movables (vehicles, vessels, securities, digital assets recorded on the sidechain) require recordation in the relevant register to be effective against third parties.

Article 12: Lost and Abandoned Property

A finder of lost movable property must make reasonable efforts to notify the owner or the nearest municipal authority. If unclaimed after one year, the property vests in the finder, or, for property of significant value, is sold at public auction with proceeds held for the owner for a further three years before passing to the National Treasury.

Article 13: Categories of Immovable Property

Immovable property includes land, buildings, permanently installed equipment, and natural resources attached to or beneath the land to the extent not reserved to the State under Article 48 of the Constitution.

Article 14: Modes of Acquiring Immovable Property

Acquisition of immovable property is governed jointly by Article 7 of this Book and Book III (Land Law). No transfer of immovable property is effective against third parties until registered in the National Land Registry.

Article 15: Co-ownership of Immovable Property

Co-owners hold undivided shares proportionate to their contribution or inheritance entitlement. Any co-owner may demand partition of the property or, where physical partition is impractical, sale and division of proceeds, through the Regional Court. Condominium and multi-unit developments shall be governed by regulations issued by the Ministry of Land and Housing establishing owners' associations and shared-facility obligations.

Article 16: Servitudes and Easements

An owner of land may grant another person a servitude (right of way, right of water access, right of light or support) over that land, which must be registered against both parcels to bind successors in title. Servitudes necessary for access to landlocked parcels, water points, or grazing routes recognized under customary practice are implied by law and may be formally registered on application.

Article 17: Intellectual Property

Patents, copyrights, trademarks and trade secrets are property rights protected as provided in Article 50 of the Constitution and administered by the Adal Intellectual Property Office under the Ministry of Commerce and Industry, which shall maintain a public register of patents, marks and registered designs.

Article 18: Digital Assets

Adali Rijal and other digital assets recorded on the Adal sidechain are movable property. Control of the private cryptographic key corresponding to a wallet address is, in the absence of contrary court order, conclusive evidence of ownership of the assets recorded at that address. Transfers recorded on the sidechain are self-executing and require no separate registration.

Article 19: Recovery of Property

An owner unlawfully deprived of possession of property may bring an action for recovery of the property itself, together with compensation for loss of use, before the Regional Court or, for land, the Land Tribunal established under Article 40.

Article 20: Compensation for Unlawful Deprivation

Where property cannot be returned in kind, the deprived owner is entitled to compensation equal to the fair market value of the property at the time of deprivation, plus damages for any consequential loss, payable by the person responsible for the deprivation or, where the State is responsible, by the National Treasury.

Article 21: Public Domain Land

The following land forms the inalienable public domain of the State and may never be sold, leased for private exclusive use, or otherwise alienated: roads and rights of way, ports and harbors, the coastal foreshore, rivers, wells and other water bodies, land beneath defense and security installations, and land set aside for national parks and protected areas.

Article 22: Private Domain of the State

All other State-owned land forms the private domain of the State and may be allocated, leased or sold under Title 4 of this Book. The Ministry of Land and Housing maintains the official inventory of private-domain land available for allocation.

Article 23: Cadastral Survey

The Ministry of Land and Housing shall conduct and maintain a national cadastral survey of the territory of the Republic, mapping every parcel of land by unique parcel identifier, boundary coordinates, and area, integrated with the National Land Registry and made publicly accessible through the land-registry portal.

Article 24: Freehold Tenure

Freehold tenure confers ownership of land without limit of time, subject only to the limits in Article 9 and the powers of expropriation under Title 5. Freehold tenure is available to citizens and to corporate entities majority-owned by citizens, and on conversion under Article 27.

Article 25: Leasehold Tenure

Leasehold tenure grants exclusive possession and use of land for a fixed term not exceeding ninety-nine years, renewable by agreement, and is the form of tenure available to foreign nationals, foreign entities, and to citizens taking land for investment purposes from the private domain of the State. Lease terms, ground rent, and development covenants are recorded on the Title Certificate.

Article 26: Customary and Communal Land Tenure

Land traditionally held, used or grazed by a clan, sub-clan, family or community under Xeer is recognized as customary land. Customary rights include exclusive use rights, seasonal grazing and water-access rights, and the right to participate in any decision to register, lease, or convert the land. No customary land may be allocated, leased, or expropriated without prior consultation with, and fair compensation to, the customary right-holders, established through a public inquiry conducted by the Ministry of Land and Housing.

Article 27: Conversion Between Tenure Types

Customary land may be converted to registered freehold or leasehold at the request of the recognized customary right-holders, following the first registration procedure in Article 31. Leasehold may be converted to freehold for citizens on payment of the difference between the lease premium previously paid and the current market value of freehold title, as assessed by the Ministry of Land and Housing.

Article 28: National Land Registry

The National Land Registry, operated by the Ministry of Land and Housing, is the single authoritative record of all land rights in the Republic. It records ownership, leasehold, mortgages, servitudes, and customary designations for every surveyed parcel, and is the system of record underlying the public land-registry services made available to citizens.

Article 29: Title Certificate

A Title Certificate issued by the National Land Registry is conclusive evidence of the ownership, boundaries, and registered encumbrances of the parcel it describes, and is indefeasible except on proof of fraud, forgery, or mistake established before a court of competent jurisdiction. No unregistered interest in land is effective against a bona fide purchaser for value who relies on the Title Certificate.

Article 30: Registration Procedure

An application for registration must include a survey of the parcel, evidence of the applicant's claim, and payment of the prescribed fee. The Registry shall publish notice of the application for thirty days to allow objections, adjudicate any objection received, and, absent a valid objection, issue the Title Certificate within sixty days of application.

Article 31: First Registration of Unregistered or Customary Land

Land not previously registered, including customary land presented for registration under Article 27, shall be registered in the name of the person or community demonstrating the strongest claim through possession, customary recognition, or documentary evidence, following the public notice procedure of Article 30 and an adjudication hearing before the Land Tribunal if any objection is sustained.

Article 32: Subsequent Dealings

Every sale, lease, mortgage, subdivision, or other dealing affecting registered land must be presented to the National Land Registry for recordation within ninety days. An unrecorded dealing is valid between the parties but has no effect against third parties, including subsequent purchasers and mortgagees who rely on the Title Certificate.

Article 33: Government Land for Sale

Land in the private domain of the State designated for sale shall be offered by public auction or, for parcels reserved for specific public programs, by direct allocation under a schedule published by the Ministry of Land and Housing, with prices, eligibility criteria, and parcel maps made publicly available before any sale.

Article 34: Land Grants to Citizens

The State shall maintain a homestead allocation program providing citizens of limited means, returning members of the diaspora, and veterans with access to residential or agricultural parcels at concessional rates or through long-term payment plans, administered jointly with the Universal Basic Income framework established under Article 23 of the Constitution.

Article 35: Land for Investment

Foreign and domestic investors may obtain leasehold tenure over private-domain land for approved development projects under terms set by the Ministry of Land and Housing in coordination with the investment promotion authority, including minimum development covenants and reversion of undeveloped land to the State after a specified period of inactivity.

Article 36: Expropriation for Public Purpose

The State may compulsorily acquire any land, of any tenure, only where:

1. A compelling public interest is documented in writing
2. Prior approval is obtained from the Regional Court
3. Fair market compensation is determined and paid promptly
4. The affected owner or customary right-holder has the right to appeal both the necessity of the taking and the amount of compensation

This Article implements Article 44 of the Constitution and may not be applied in a manner that defeats its protections.

Article 37: Valuation and Payment of Compensation

Compensation for expropriated land shall be assessed by an independent licensed valuer at fair market value, including the value of improvements, lost income from existing use, and reasonable relocation costs, and shall be paid before the State takes possession except in cases of demonstrated emergency, in which case payment shall follow within ninety days.

Article 38: National and Regional Land Use Plans

The Ministry of Land and Housing, in coordination with regional councils, shall prepare and periodically update land use plans designating areas for residential, commercial, industrial, agricultural, and conservation use, which shall guide all zoning decisions and building permit approvals.

Article 39: Zoning and Building Permits

No structure may be built or land use materially changed without a building or land use permit issued by the relevant municipal authority in conformity with the applicable land use plan. Permits shall be granted or refused within thirty days of a complete application, with reasons given for any refusal and a right of appeal to the Regional Court.

Article 40: Land Dispute Resolution

Disputes concerning land registration, boundaries, customary rights, or compensation shall first be referred to a Land Tribunal, a specialized division of the Regional Courts, which may draw on Xeer mediation where the parties consent. Decisions of the Land Tribunal are appealable to the Regional Court and, on points of law, to the Supreme Court.

Article 41: Office of the Governor

The Office of the Governor comprises the Governor and supporting staff necessary to carry out the duties of Article 32 of the Constitution. In the event of the Governor's death, incapacity, resignation, or removal, the order of succession is: the Prime Minister, the Speaker of the National Assembly, and the Chief Justice, each serving until a new Governor is elected within ninety days.

Article 42: Council of Ministers and Ministries

The Council of Ministers under Article 34 of the Constitution is organized into the following ministries, each headed by a Minister:

1. Ministry of Foreign Affairs
2. Ministry of Interior
3. Ministry of Finance
4. Ministry of Justice
5. Ministry of Defense
6. Ministry of Education
7. Ministry of Health
8. Ministry of Land and Housing
9. Ministry of Religious Affairs and Awqaf
10. Ministry of Commerce and Industry
11. Ministry of Labour
12. Ministry of Environment
13. Ministry of Information
14. Ministry of Transport and Infrastructure
15. Ministry of Digital Economy

The Assembly may establish, merge, or abolish ministries by ordinary legislation.

Article 43: Ministry of Land and Housing

The Ministry of Land and Housing is responsible for the National Land Registry, the national cadastral survey, land use planning, housing policy, the homestead allocation program, and oversight of municipal building permit systems, and shall publish an annual public report on land allocations, sales, and registrations.

Article 44: Civil Service

Appointment and promotion in the civil service shall be by open competition on merit, without regard to clan, political affiliation, or family connection. Civil servants enjoy security of tenure absent misconduct or incapacity established through due process, are bound by a published code of conduct, and may not engage in partisan political activity while in office. A Civil Service Commission shall oversee recruitment standards and hear appeals from disciplinary decisions.

Article 45: Legislative Committees

The National Assembly shall establish standing committees, including a Budget Committee, a Land and Natural Resources Committee, a Justice and Constitutional Affairs Committee, and a Public Accounts Committee, each empowered to review legislation and government performance within its area and to summon ministers and officials to testify.

Article 46: Legislative Procedure

A bill becomes law upon: introduction and first reading; committee review and report; second reading and debate; third reading and vote; assent or veto by the Governor under Article 32 of the Constitution; and publication in the Official Gazette, which publication is a condition of the law's entry into force.

Article 47: Court Hierarchy

The judiciary established under Article 36 of the Constitution consists, in ascending order, of: Municipal and District Courts (minor civil and criminal matters); Regional Courts (general civil and criminal jurisdiction, including Land Tribunals and Commercial Court divisions); the Court of Appeal; and the Supreme Court. Sharia Courts exercise jurisdiction over personal status matters for Muslim litigants who elect that jurisdiction.

Article 48: Judicial Service Commission

The Judicial Service Commission, composed of the Chief Justice, senior judges, the Attorney General, and representatives of the legal profession and the public, nominates candidates for judicial appointment, oversees judicial conduct, and recommends removal of judges for misconduct to the National Assembly for impeachment under Article 36 of the Constitution.

Article 49: Administrative Divisions

The territory of the Republic is divided into Regions, which are divided into Districts, which are divided into Municipalities. Boundaries of administrative divisions are established and altered only by Act of the National Assembly following consultation with affected communities.

Article 50: Regional Councils

Each Region is governed by a Regional Council of members elected for four-year terms, headed by a Regional Governor. Regional Councils oversee regional infrastructure, coordinate district land use plans, and may levy regional fees as authorized by national law.

Article 51: Municipal Government

Municipalities, governed by elected Municipal Councils, exercise the local government powers listed in Article 40 of the Constitution, including issuance of building permits, maintenance of local land use registers feeding the National Land Registry, and collection of municipal taxes and fees within limits set by national law.

Article 52: Traditional and Customary Authorities

Clan elders and customary councils (Guurti) are recognized as advisory bodies on customary land matters, dispute mediation, and community affairs. Municipal and Regional Councils shall consult recognized customary authorities before decisions materially affecting customary land under Article 26.

Article 53: Electoral Commission

The Electoral Commission established under Article 39 of the Constitution is composed of seven commissioners appointed for staggered six-year terms with the approval of two-thirds of the National Assembly, removable only for cause through the same procedure, and is responsible for voter registration, the conduct of elections and referendums, and adjudication of electoral complaints in the first instance.

Article 54: Voter Registration and Eligibility

Every citizen aged eighteen years or older, not disqualified by a final criminal conviction involving electoral fraud, is entitled to register to vote. The Electoral Commission shall maintain a continuously updated national voter roll integrated with the civil registry under Article 68.

Article 55: Conduct of Elections

Elections shall be conducted by secret ballot, observed by accredited domestic and international observers, with results published at each polling station before transmission to the national tally center, and with a right of judicial challenge to the Supreme Court within fourteen days of the announced result.

Article 56: National Budget Process

The Council of Ministers shall submit an annual budget to the National Assembly at least ninety days before the start of the fiscal year. The Budget Committee shall review and may amend the budget, which requires approval by simple majority before the start of the fiscal year, failing which the previous year's budget continues on a provisional monthly basis.

Article 57: Public Procurement

All government contracts above a threshold set by regulation shall be awarded through open, competitive tender, published on a public procurement portal, with award criteria disclosed in advance and a right of unsuccessful bidders to challenge the award before the Anti-Corruption Commission or the courts.

Article 58: National Audit Office

The National Audit Office, headed by the Auditor-General appointed for a non-renewable seven-year term, audits the accounts of every government body annually and reports findings to the National Assembly's Public Accounts Committee and to the public.

Article 59: Central Bank of Adal

The Central Bank of Adal, established under Article 39 of the Constitution, is governed by a Board appointed for staggered terms and operates independently of ministerial direction in setting monetary policy, subject to annual reporting to the National Assembly.

Article 60: Adali Rijal Issuance and Oversight

The Central Bank's exclusive authority to issue and manage the Adali Rijal under Article 43 of the Constitution includes setting issuance and burn parameters, supervising sidechain validators, and approving anchoring of the Adal sidechain to the Ankh mainnet, all disclosed through published technical and financial reports.

Article 61: Anti-Corruption Commission

The Anti-Corruption Commission investigates and refers for prosecution any public official or private person suspected of corruption, may freeze assets pending investigation with judicial authorization, and maintains the public beneficial-ownership registry required under Article 28 of the Constitution.

Article 62: Asset Declaration

Every senior public official, including ministers, judges, members of the Assembly, and heads of state-owned enterprises, shall declare their assets and those of immediate family members on taking office, annually thereafter, and on leaving office, with declarations filed with the Anti-Corruption Commission and summary disclosures made public.

Article 63: Whistleblower Protection

A person who in good faith reports suspected corruption, land fraud, or other unlawful conduct by a public official is protected from retaliation, including dismissal or demotion, and may seek reinstatement and damages before the Regional Court if retaliated against.

Article 64: Official Gazette

The Republic shall maintain an Official Gazette, published electronically and free of charge, in which all statutes, regulations, land allocation schedules, and other instruments required by law to be published shall appear as a condition of their legal effect.

Article 65: Freedom of Information

Any person may request records held by a government body, which must respond within thirty days, granting access unless disclosure would compromise national security, ongoing investigations, or personal privacy, with a right of appeal to the Human Rights Commission for any refusal.

Article 66: Citizenship by Birth

A person born to at least one parent who is a citizen of Adal, whether born within or outside the territory of the Republic, is a citizen by birth.

Article 67: Citizenship by Naturalization

A foreign national who has lawfully resided in the Republic for at least five years, demonstrates good character, basic knowledge of Somali or Arabic, and an intention to reside permanently, may apply for naturalization to the Ministry of Interior, which shall decide within twelve months.

Article 68: Civil Registry

The Ministry of Interior shall maintain a national civil registry recording every birth, death, marriage, and divorce, integrated with the National Land Registry and the Adal sidechain identity systems for the purpose of property registration, inheritance, and voter registration.

Article 69: National Identity Documents

Every citizen sixteen years or older is entitled to a national identity card, which is the primary document for voter registration, land registry transactions, and access to Universal Basic Income and other public services.

Article 70: Loss of Citizenship

Citizenship may be voluntarily renounced by declaration to the Ministry of Interior, or, in the case of naturalized citizens, revoked by court order on proof that naturalization was obtained by fraud. Citizenship by birth may never be revoked.

Article 71: Relationship to the Constitution

This Code is subordinate to, and must be interpreted consistently with, the Constitution of the Republic of Adal. Any provision of this Code found by the Supreme Court to be inconsistent with the Constitution is void to the extent of the inconsistency.

Article 72: Repeal of Inconsistent Provisions

Any prior statute, decree, or regulation inconsistent with this Code is repealed to the extent of the inconsistency. Land rights and Title Certificates validly created before the entry into force of this Code remain valid and shall be carried forward into the National Land Registry.

Article 73: Entry into Force

This Code enters into force upon publication in the Official Gazette. The Ministry of Land and Housing shall complete the initial national cadastral survey and the migration of existing land records into the National Land Registry within thirty-six months of entry into force.

Article 74: Amendment Procedure

This Code may be amended or repealed by ordinary Act of the National Assembly following the legislative procedure of Article 46, and does not require the constitutional amendment procedure of Article 61 of the Constitution unless the amendment would also alter a constitutional provision.