The Codification of Islamic Criminal Law in the Sudan: Penal Codes and Supreme Court Case Law under Numayrī and al-Bashīr

Name: The Codification of Islamic Criminal Law in the Sudan: Penal Codes and Supreme Court Case Law under Numayrī and al-Bashīr
Brand: Brill Academic Publishers
SKU: 9789004347434
Price: 2101.40 HKD
Availability: InStock
Author: Olaf Kondgen
ISBN: 9789004347434

By Olaf Kondgen

Brill Academic Publishers December 2017

Specifications

ISBN-13: 9789004347434
Publisher: Brill Academic Publishers
Publication: December 2017
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

Details

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 accusations of illegitimate 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.

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