The Codification of Islamic Criminal Law in the Sudan

Penal Codes and Supreme Court Case Law under Numayrī and al-Bashīr

Series:

In The Codification of Islamic Criminal Law in the Sudan, Olaf Köndgen offers an in-depth analysis of the Sudan’s Islamized penal codes of 1983 and 1991, their historical, political, and juridical context, their interpretation in the case law of the Supreme Court, and their practical application. He examines issues that arise in sharīʿa criminal law, including homicide, bodily harm, unlawful sexual intercourse ( zinā, liwāṭ), rape, unfounded accusation of unlawful sexual intercourse ( qadhf), highway robbery ( ḥirāba), apostasy ( ridda), and alcohol consumption.

Drawing on a wide range of primary and secondary sources, a large number of previously untapped Supreme Court cases, and interviews with judges and politicians, Köndgen convincingly explains the multiple contradictions and often surprising aspects of one of the Arab world’s longest lasting applications of codified sharīʿa criminal law.

Olaf Köndgen won the DAVO Dissertation Prize 2014 for his Ph.D. thesis.

"This extremely well-documented study represents a milestone for the discussion of Islamic criminal law in the Muslim world as a whole and in the Sudan especially. Olaf Köndgen fills an academic void; his work deserves the greatest recognition, for its extraordinary quality, its thoroughness and systematic approach."
Prof. Günter Meyer, Johannes Gutenberg University Mainz

Hardback:

EUR €149.00USD $171.00

Biographical Note

Olaf Köndgen, Ph.D. (2013), University of Amsterdam, is Head of Research of the Directorate of Policy Planning at the Council of Europe (Strasbourg). He has published on politics and law of the Sudan, Jordan, Egypt, and Lebanon, including Das Islamisierte Strafrecht des Sudan (Deutsches Orient-Institut, Hamburg 1992) and Jordanien (Munich: C.H. Beck, 1999).

Table of contents

Acknowledgments

1 Introduction
The Study of Islamic Criminal Law in the Sudan
Research Questions
Sources Used
Structure

2 A Short History of Islamic Law in the Sudan
Law in the Funj Sultanate (1504–1821) and in Dār Fūr (1640–1916)
The Centralization of Justice under Ottoman-Egyptian Rule (1820–1881)
Sharīʿa of Its Own Kind: Islamic Jurisdiction under the Mahdī (1881–1898)
The Condominium and the Introduction of British-Indian Law (1898–1956)
Discussions on the Islamization of Law (1952–1969)
Numayrī and the Islamization of the Sudanese Legal System (1969–1985)
Procrastination under Siwār al-Dhahab and Ṣādiq al-Mahdī (1985–1989)
A Regime with an Agenda: al-Bashīr and al-Turābī Take Over (1989–)

3 Sources, Structures, Procedure, Evidence, and General Principles
Criminal Legislation
Enforcement and Procedure
General Principles in Sudanese Islamic Criminal Law
Sanctions

4 Unlawful Sexual Intercourse (Zinā) and Related Offenses
Zinā and Related Offenses in the fiqh
Zinā and Related Offenses in Sudanese Criminal Legislation
Zinā and Related Offenses in Supreme Court Case Law

5 Unfounded Accusation of Unlawful Sexual Intercourse (Qadhf)
Qadhf in Islamic Jurisprudence (fiqh)
Qadhf in the Sudanese Penal Codes of 1983 and 1991
Punishment of Qadhf
Lapsing of Qadhf

6 Alcohol Consumption (shurb al-khamr)
Definition and Punishment of Alcohol Consumption in the fiqh
The Definition of Alcohol Consumption in the Criminal Codes of 1983 and 1991
Punishment of Alcohol Consumption in the Criminal Codes of 1983 and 1991
The Lapsing of the Ḥadd Penalty for Alcohol Consumption

7 Ḥadd Theft (sariqa ḥaddiyya)
Ḥadd Theft in the fiqh
Ḥadd Theft in the Penal Code of 1983
Ḥadd Theft in the Criminal Bill of 1988 and the Criminal Act of 1991

8 Highway Robbery (Ḥirāba)
Ḥirāba in the fiqh
Ḥirāba in the Penal Code of 1983
Ḥirāba in the Criminal Act of 1991

9 Apostasy (ridda)
Apostasy in the fiqh
Apostasy in the Penal Code of 1983
Apostasy in the Criminal Act of 1991

10 Homicide and Bodily Harm
Homicide and Bodily Harm in the fiqh
Homicide, Bodily Harm, and Their Punishment before and after the Penal Code of 1983
Homicide, Bodily Harm, and Their Punishment in the Criminal Act of 1991

11 Taʿzīr
Taʿzīr in the fiqh
Taʿzīr in the Penal Codes of 1983 and the Criminal Act of 1991

12 Human Rights and Sudanese Islamic Criminal Law
Survey of Human Rights Violations
Survey of Severe Sharīʿa Penalties

13 Conclusion
Development in Legislation
Development in Procedure and Evidence
Supreme Court Case Law
Political and Historical Factors
Final Thoughts

Glossary of Arabic Legal Terms
References
Sudanese Laws and Legislative Projects
List of Quoted Supreme Court Cases
Index

Readership

Scholars of Islam, particularly Islam in Africa, those concerned with Islamic (criminal) law in modern legal systems (i.e., legal/political Islamization), scholars of modern Sudan and human rights in Islam.