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 (
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
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
Introduction The Study of Islamic Criminal Law in the Sudan Research Questions Sources Used Structure
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–)
Sources, Structures, Procedure, Evidence, and General Principles Criminal Legislation Enforcement and Procedure General Principles in Sudanese Islamic Criminal Law Sanctions
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
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
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
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
Highway Robbery (Ḥirāba) Ḥirāba in the fiqh Ḥirāba in the Penal Code of 1983 Ḥirāba in the Criminal Act of 1991
Apostasy (ridda) Apostasy in the fiqh Apostasy in the Penal Code of 1983 Apostasy in the Criminal Act of 1991
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
Taʿzīr Taʿzīr in the fiqh Taʿzīr in the Penal Codes of 1983 and the Criminal Act of 1991
Human Rights and Sudanese Islamic Criminal Law Survey of Human Rights Violations Survey of Severe Sharīʿa Penalties
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
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.