Prostitution laws in SomaliaSoomaaliya / الصومال
Prostitution is an offence in Somalia. Under the Penal Code (Legislative Decree No. 5 of 16 December 1962, in force since 3 April 1964), whoever practises prostitution in any form faces two months to two years' imprisonment and a fine, increased for a married person (Article 405). Inciting anyone to lewd acts in a public place carries up to one year (Article 406). Instigating, aiding or in any way facilitating prostitution, or exploiting its proceeds, carries the same penalty as Article 405 (Article 407), and compelling a person into prostitution by violence or threats two to six years (Article 408). The Code also applies in Puntland and Somaliland. Some areas in southern Somalia with Islamic courts apply Sharia penalties for zina. In October 2026 the federal Parliament approved a Sexual Offences Bill whose final text was not public.
Legal model
Selling and buying prohibited. Selling sex is an offence (criminal or administrative), whether or not buying is.
The Penal Code of 1962 makes practising prostitution in any form an offence (Article 405). It has no offence aimed at the client, but zina (sex outside marriage) is punished where Islamic courts apply Sharia. The same Code is applied in the federal member states, in Puntland and in Somaliland, which declares itself independent; Somalia has a hybrid system of formal, Sharia and customary (xeer) law.[1][2][3]
Regional differences
- Somaliland Selling and buying prohibited: Applies the 1962 Penal Code; under Article 130 of the Somaliland Constitution, provisions contrary to fundamental rights or to Islamic Sharia are disapplied, and fines are applied in revised Somaliland shilling scales. In August 2020 the House of Representatives passed a Rape, Fornication and Other Related Offences Bill; whether it was enacted and how it treats prostitution was not verified.[1][3]
- Areas under Islamic courts or Al-Shabaab control Selling and buying prohibited: A 2018 UN assessment reports that some areas of southern Somalia with Islamic courts impose Sharia law, including stoning or flogging for zina (extra-marital sex). Practice in these areas was not documented further.[2]
At a glance
| Question | Status | In short |
|---|---|---|
| Selling sexual services | Illegal Criminal offence | Whoever practises prostitution in any form is punishable with imprisonment from two months to two years and a fine of 100 to 2,000 Somali shillings; the penalty is increased for a married person (Article 405). Inciting anyone to lewd acts in a public place or place open to the public, even indirectly, carries up to one year or a fine (Article 406).[1][2] |
| Buying sexual services | Illegal Criminal offence | The Penal Code has no offence aimed specifically at paying for sex. Where Islamic courts apply Sharia, sex outside marriage is punished as zina, with flogging or stoning reported. A client who incites another to lewd acts in public falls under Article 406.[1][2] |
| Brothels and managed venues | Illegal Criminal offence | There is no brothel-specific offence; running a brothel falls under aiding or in any manner facilitating prostitution, or exploiting its proceeds (Article 407), punishable like Article 405 and increased where the person is incapable of consent, a relative or in the offender's care.[1] |
| Third parties profiting (procuring / pimping) | Illegal Criminal offence | Instigating another to commit prostitution, aiding or in any manner facilitating it, or exploiting its proceeds wholly or in part, carries the Article 405 penalty, increased for relatives, guardians and carers (Article 407). Compelling another into prostitution by violence or threats carries two to six years and a fine (Article 408). A 2018 UN assessment found no comprehensive anti-trafficking law.[1][2] |
| Advertising sexual services | Illegal Criminal offence | No provision names advertising of sexual services. Advertising one's own services in public can be inciting to lewd acts, "even in an indirect manner" (Article 406), and publishing ads for another person's services is facilitating prostitution (Article 407). Using publicity to facilitate the circulation of obscene objects is punished under Article 403(3).[1] |
The law in detail
Selling sexual services
Whoever practises prostitution in any form is punishable with imprisonment from two months to two years and a fine of 100 to 2,000 Somali shillings; the penalty is increased for a married person (Article 405). Inciting anyone to lewd acts in a public place or place open to the public, even indirectly, carries up to one year or a fine (Article 406).[1][2]
Confidence: medium. Read in the semi-official English translation published on somalilandlaw.com (via FAOLEX); the authoritative text is Italian. An undated Library of Congress summary gives the penalty as two months to five years, but the translation and the 2018 UN assessment both give two years. Fine amounts are historical.
Checked 30 October 2026
Buying sexual services
The Penal Code has no offence aimed specifically at paying for sex. Where Islamic courts apply Sharia, sex outside marriage is punished as zina, with flogging or stoning reported. A client who incites another to lewd acts in public falls under Article 406.[1][2]
Confidence: low. The classification as illegal rests on Sharia-based zina enforcement in parts of the country, documented only by a 2018 UN assessment; under the Penal Code alone, buying is not a specific offence. The extent of zina prosecutions was not checked.
Checked 30 October 2026
Brothels and managed venues
There is no brothel-specific offence; running a brothel falls under aiding or in any manner facilitating prostitution, or exploiting its proceeds (Article 407), punishable like Article 405 and increased where the person is incapable of consent, a relative or in the offender's care.[1]
Confidence: medium. Classification applies the general wording of Article 407; no case law was checked.
Checked 30 October 2026
Third parties profiting (procuring / pimping)
Instigating another to commit prostitution, aiding or in any manner facilitating it, or exploiting its proceeds wholly or in part, carries the Article 405 penalty, increased for relatives, guardians and carers (Article 407). Compelling another into prostitution by violence or threats carries two to six years and a fine (Article 408). A 2018 UN assessment found no comprehensive anti-trafficking law.[1][2]
Confidence: medium. Semi-official English translation.
Checked 30 October 2026
Advertising sexual services
No provision names advertising of sexual services. Advertising one's own services in public can be inciting to lewd acts, "even in an indirect manner" (Article 406), and publishing ads for another person's services is facilitating prostitution (Article 407). Using publicity to facilitate the circulation of obscene objects is punished under Article 403(3).[1]
Confidence: low. Classification inferred from general provisions; no case law found.
Checked 30 October 2026
Key legislation
| Law | What it does here | In force |
|---|---|---|
| Penal Code, Legislative Decree No. 5 of 16 December 1962 (semi-official English translation) Penal Code, Legislative Decree No. 5 of 16 December 1962 arts. 402–408 | Based on the Italian Penal Code of 1930; Articles 402–408 cover obscene acts and publications, prostitution, incitement to lewd acts, exploitation of and compulsion to prostitution.[1] | 3 April 1964 |
Pending and under review
In parliament · updated 15 October 2026
Sexual Offences and Misconduct Bill
The federal Parliament approved the long-delayed bill in October 2026. The government announcement did not describe its provisions or the remaining steps before it takes effect, so whether it addresses prostitution or commercial sexual exploitation is not known.[4]
Next: Further legislative steps before entry into force were not announced; the final text has not been published.
Timeline
Sources
- Penal Code, Legislative Decree No. 5 of 16 December 1962 (semi-official English translation). somalilandlaw.com, via FAOLEX (FAO). legislation · accessed 30 October 2026
- Somalia: Gender Justice & The Law. UNDP, UN Women, UNFPA and UN ESCWA, 2018. intergovernmental · accessed 30 October 2026
- Somalia: Country Focus, 1.2.1 Gender-based violence. European Union Agency for Asylum (EUAA), May 2025. intergovernmental · accessed 30 October 2026
- Somalia Parliament Approves Long-Delayed Sexual Offences Bill. Kaab TV, 15 October 2026. news · accessed 30 October 2026