Islamic Law and Society in the Sudan

Islamic Law and Society in the Sudan
Author: Carolyn Fluehr-Lobban
Publisher: Routledge
Total Pages: 339
Release: 2013-10-15
Genre: Religion
ISBN: 1134540426

Few studies exist which deal with Islamic law in practice, and this is among the first such studies in the English language for Islamic Africa. It is significant that the present study was completed just prior to the extension of Islamic law as the sole governing law in the Sudan in 1983, for it captures many essentials of the Shari’a as it has been applied for decades prior to this important change. Numerous movements for reform and change are discussed in the book, which reflect the contemporary debate in the Sudan over the position of Shari’a in society.

The Reinstatement of Islamic Law in Sudan under Numayrī

The Reinstatement of Islamic Law in Sudan under Numayrī
Author: Aharon Layish
Publisher: BRILL
Total Pages: 372
Release: 2021-11-08
Genre: Law
ISBN: 9004491163

The present study examines President Ja'far Numayrī's experiment of reinstating Islamic law in the Sudan and the methods employed to this end, in the light of its historical context and sources of inspiration. Islamist legislation, legal circulars and judicial practice are here utilized as source material for the analysis of the methodology employed in Numayrī's experiment and its application with a view to evaluating their impact on the uncodified Islamic law, state control of public morals, and on Sudanese society and economy. The focus of attention here is the judge as an instrument for implementing the government's Islamist policy by means of expanded judicial discretion based on a synthesis of traditional Islamic and modern non-Islamic sources of law. The book is intended for Islamists, legal historians, and lawyers.

Anthropology of Law in Muslim Sudan

Anthropology of Law in Muslim Sudan
Author: Barbara Casciarri
Publisher: BRILL
Total Pages: 343
Release: 2018-04-03
Genre: Social Science
ISBN: 9004362185

Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society. It is the outcome of the international research program ANDROMAQUE (Anthropologie du Droit dans les Mondes Musulmans Africains et Asiatiques), funded by the French ANR (Agence National de la Recherche) between 2011 and 2014. Crossing two disciplinary perspectives, anthropology and law, the present volume contains original fieldwork data on contemporary urban and rural Sudan. Focusing on two major domains, land property and courts, several case studies demonstrate the relevance of an approach based on “legal practices” to underline, first, the plurality and hybridity of law systems and the relative role of the Islamic reference in Sudanese society, and, secondly, the reshaping of legal behaviors and norms after the breaking point of South Sudan's independence in 2011. Contributors are: Zahir M. Abdal-Kareem; Azza A. Abdel Aziz; Musa A. Abdul-Jalil; Munzoul M.A. Assal; Mohamed A. Babiker; Yazid Ben Hounet; Barbara Casciarri; Baudoin Dupret; Philippe Gout; Enrico Ille.

The Codification of Islamic Criminal Law in the Sudan

The Codification of Islamic Criminal Law in the Sudan
Author: Olaf Köndgen
Publisher: BRILL
Total Pages: 492
Release: 2017-11-01
Genre: Law
ISBN: 9004357084

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

Sharīʿa and the Islamic State in 19th-Century Sudan

Sharīʿa and the Islamic State in 19th-Century Sudan
Author: Aharon Layish
Publisher: BRILL
Total Pages: 370
Release: 2016-08-22
Genre: Religion
ISBN: 9004313990

The Sudanese Mahdī headed a millenarian, revivalist, reformist movement in Islam, strongly inspired by Salafī and Ṣūfī ideas, in late 19th century in an attempt to restore the Caliphate of the Prophet and “Righteous Caliphs” in Medina. As the “Successor of the Prophet”, the Mahdī was conceived of as the political head of the Islamic state and its supreme religious authority. On the basis of his legal opinions, decisions, proclamations and “traditions” attributed to him, an attempt is made to reconstruct his legal methodology consisting of the Qurʾān, sunna, and inspiration (ilhām) derived from the Prophet and God, its origins, and its impact on Islamic legal doctrine, and to assess his “legislation” as an instrument to promote his political, social and moralistic agenda.

In Whose Image?

In Whose Image?
Author: Abdou Maliqalim Simone
Publisher: University of Chicago Press
Total Pages: 274
Release: 1994-07-15
Genre: Political Science
ISBN: 9780226758695

A Muslim scholar with extensive experience in Africa, T. Abdou Maliqalim Simone was recruited by the Islamic fundamentalist Shari‘a Movement in Sudan to act as consultant for its project to unite Muslims and non-Muslims in Khartoum's shanty towns. Based on his interviews with hundreds of individuals during this time, plus extensive historical and archival research, In Whose Image? is a penetrating examination of the use of Islam as a tool for political transformation. Drawing a detailed portrait of political fundamentalism during the 1985-89 period of democratic rule in the Sudan, Simone shows how the Shari‘a Movement attempted to shape a viable social order by linking religious integrity and economic development, where religious practice was to dominate all aspects of society and individuals' daily lives. However, because Sudanese society is remarkably diverse ethnically and religiously, this often led to conflict, fragmentation, and violence in the name of Islam. Simone's own Islamic background leads him to deplore the violence and the devastating psychological, economic, and cultural consequences of one form of Islamic radicalism, while holding to hope that a viable form of this inherently political religion can in fact be applied. As a counterpoint, he ends with a discussion of South Africa's Call of Islam, which seeks political unity through a more tolerant interpretation of Islam. As an introduction to religious discourse in Africa, this book will be widely read by students and scholars throughout African Studies, Religious Studies, Anthropology, and Political Science.

Shari'a and Islamism in Sudan

Shari'a and Islamism in Sudan
Author: Carolyn Fluehr-Lobban
Publisher: I.B. Tauris
Total Pages: 0
Release: 2012-07-10
Genre: History
ISBN: 9781848856660

After the 1989 Islamist coup in Sudan, the National Islamic Front under General Omar al-Bashir and Dr. Hasan Turabi attempted to institutionalise, codify and implement Shari'a law throughout the country. However, by 2005, with the signing of the Comprehensive Peace Agreement ending 22 years of civil war, the government agreed to halt its policy of Islamisation in the South. Shari'a and Islamism in Sudan explores how Sudanese society has been transformed by this period of implementation of Islamic Law, and furthermore asks, what are the continuing effects of this policy? And what are the implications of the Peace Agreement for the future of Islamist politics in Sudan and of the country? With data drawn from Carolyn Fluehr-Lobban's most recent research in the region, this book is a vital and unique examination of the nature of the Sudanese state and society, offering invaluable insight for all those interested in the politics, society, and the future of Sudan and the nature of political Islam.