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

The Oxford Handbook of Criminal Law

The Oxford Handbook of Criminal Law
Author: Markus D Dubber
Publisher: OUP Oxford
Total Pages: 1294
Release: 2014-11-27
Genre: Law
ISBN: 0191654604

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

A Bibliography of Islamic Criminal Law

A Bibliography of Islamic Criminal Law
Author: Olaf Köndgen
Publisher: BRILL
Total Pages: 467
Release: 2021-12-06
Genre: Law
ISBN: 9004472789

Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.

Islamic Criminal Law in Northern Nigeria

Islamic Criminal Law in Northern Nigeria
Author: Gunnar J. Weimann
Publisher: Amsterdam University Press
Total Pages: 205
Release: 2010
Genre: Law
ISBN: 9056296558

Annotation. In 2000 and 2001, twelve northern states of the Federal Republic of Nigeria introduced Islamic criminal law as one of a number of measures aiming at "reintroducing the shari'a." Immediately after its adoption, defendants were sentenced to death by stoning or to amputation of the hand. Apart from a few well publicised trials, however, the number and nature of cases tried under Islamic criminal law are little known. Based on a sample of trials, the present thesis discusses the introduction of Islamic criminal law and the evolution of judicial practice within the regions historical, cultural, political and religious context. The introduction of Islamic criminal law was initiated by politicians and supported by Muslim reform groups, but its potential effects were soon mitigated on higher judicial levels and aspects of the law were contained by local administrators. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789056296551.

Crime and Punishment in Islamic Law

Crime and Punishment in Islamic Law
Author: Rudolph Peters
Publisher: Cambridge University Press
Total Pages: 242
Release: 2005
Genre: History
ISBN: 9780521792264

This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.

A Bibliography of Islamic Criminal Law, Supplement

A Bibliography of Islamic Criminal Law, Supplement
Author: Olaf Köndgen
Publisher: BRILL
Total Pages: 364
Release: 2024-07-25
Genre: Law
ISBN: 9004699031

The present work supplements the original volume of A Bibliography of Islamic Criminal Law, the most extensive bibliography on Islamic criminal law ever compiled. Drawing on a multitude of sources online and offline this bibliography covers in its thematic section not only the classical crime categories of ḥudūd, qiṣāṣ and taʿzīr but also a large number of newly emerging and related fields. In a second section, dedicated to countries, eras and institutions Olaf Köndgen comprehensively covers the historical and modern application of Islamic criminal law in all its forms. Unlocking the richness of this sub-field of Islamic law, also with the help of two detailed indices, this innovative reference work is highly relevant for all those researching Islamic law in general and the application of Islamic criminal law over time in particular.

The Application of Islamic Criminal Law in Pakistan

The Application of Islamic Criminal Law in Pakistan
Author: Tahir Wasti
Publisher: BRILL
Total Pages: 429
Release: 2009
Genre: Religion
ISBN: 9004172254

No legal system in the world has aroused as much public interest as Sharia. However, the discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. Less attention has been given to studying the consequences of its operation, particularly in the area of Islamic criminal law. Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice. It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today. The empirical evidence adduced more broadly demonstrates the complications of applying traditional Sharia in a modern state.

Shariʿa, Justice and Legal Order

Shariʿa, Justice and Legal Order
Author: Rudolph Peters
Publisher: BRILL
Total Pages: 726
Release: 2020-08-03
Genre: Law
ISBN: 9004420622

Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays by Rudolph Peters is about legal practice, both Shariʿa and state law. Its principal themes are legal order and the actual application of law in the Ottoman and more recent periods

Queer lawfare in Africa: Legal strategies in contexts of LGBTIQ+ criminalisation and politicisation

Queer lawfare in Africa: Legal strategies in contexts of LGBTIQ+ criminalisation and politicisation
Author: Adrian Jjuuko
Publisher: Pretoria University Law Press
Total Pages: 464
Release: 2022-11-21
Genre: Law
ISBN:

About the publication This book focuses on the strategies that activists for LGBTIQ+ equality in Africa deploy to challenge deep seated homophobia and transphobia, as well as the politicisation of LGBTIQ+ issues. It is a peer-reviewed, edited volume with scholarly contributions from lawyers, anthropologists, and LGBTIQ+ activists. It covers different country situations – those where equality is taking root, as the case is in South Africa, Botswana and Mozambique; those where homophobia reigns and LGBTIQ+ rights are politicised such as, Ghana, Kenya, Malawi, Nigeria, Senegal, Uganda, and Zambia; and those where traditional LGBTIQ+ activism is almost a nonstarter, such as in Ethiopia, Sudan and The Gambia. Table of Contents Acknowledgments Acronyms and abbreviations Introduction Queer lawfare in Africa: Introduction and theoretical framework Siri Gloppen, Adrian Jjuuko, Frans Viljoen & Alan Msosa PART I: LAWFARE IN THE CONTEXT OF LIBERALISATION AND PROTECTION OF THE SEXUAL RIGHTS OF LGBT PEOPLE IN AFRICA Chapter 1 War by other means: The law and politics of sexual minority freedom in post-apartheid South Africa Jaco Barnard-Naudé & Pierre de Vos Chapter 2 Progressive legislation in the context of generalised conservative public opinion: The case of LGBT rights in Mozambique Carmeliza Rosário & Camila Gianella Chapter 3 Queer lawfare in Botswana Monica Tabengwa & Anthony Oluoch PART II: LAWFARE IN THE CONTEXT OF ACTIVE POLITICISATION Chapter 4 Queer lawfare in Kenya: Shifting opportunities for rights realisation Nicholas Wasonga Orago, Siri Gloppen & Matthew Gichohi Chapter 5 Court focused lawfare over LGBT rights: The case of Uganda Adrian Jjuuko & Stella Nyanzi Chapter 6 LGBT+ rights lawfare in Malawi Alan Msosa & Chrispine Gwalawala Sibande Chapter 7 Against ‘the order of nature’: Towards the growth of queer lawfare in Nigeria Ayodele Sogunro PART III: LAWFARE IN THE CONTEXT OF RELIGIOUS AND CULTURAL NATIONALISM Chapter 8 LGBT lawfare in response to heterosexual nationalism and the retention of the anti-sodomy laws in Zambia Landilani Banda Chapter 9 LGBTQI+ lawfare in response to the politicisation of homosexuality in Ghana Ernest Yaw Ako & Amanda Odoi Chapter 10 Senegal: Mobilising for gay rights in the shadow of HIV/AIDS Vegard Vibe Chapter 11 From a ‘crusade to root out homosexuality like malaria’ to a ‘non-issue’: The absence of sexual minority lawfare in The Gambia Satang Nabaneh Chapter 12 Digital lawfare and activism by lesbian, gay and bisexual persons in Ethiopia Getnet Tadele & Woldekidan Amde Chapter 13 Activism from the closet: Fear of a double backlash against a nascent queer movement in Sudan Liv Tønnessen, Samia al-Nagar & Samah Khalaf Allah Conclusion The kaleidoscope of queer lawfare in Africa Adrian Jjuuko, Frans Viljoen, Siri Gloppen & Alan Msosa