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Book
xii, 480 pages ; 25 cm.
  • Introduction
  • A short history of Islamic law in the Sudan
  • Sources, structures, procedure, evidence, and general principles
  • Unlawful sexual intercourse (zinā) and related offenses
  • Unfounded accusation of unlawful sexual intercourse (qadhf)
  • Alcohol consumption (shurb al-khamr)
  • Ḥadd theft (sariqa ḥaddiyya)
  • Highway robbery (ḥirāba)
  • Apostasy (ridda)
  • Homicide and bodily harm
  • Ta'zīr
  • Human rights and Sudanese Islamic criminal law
  • Conclusion.
In The Codification of Islamic Criminal Law in the Sudan, Olaf Kondgen 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 shariʿa criminal law, including homicide, bodily harm, unlawful sexual intercourse (zina, liwat), rape, unfounded accusation of unlawful sexual intercourse (qadhf), highway robbery (hiraba), 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, Kondgen convincingly explains the multiple contradictions and often surprising aspects of one of the Arab world's longest lasting applications of codified shariʿa criminal law. Olaf Kondgen 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 Kondgen fills an academic void; his work deserves the greatest recognition, for its extraordinary quality, its thoroughness and systematic approach." Prof. Gunter Meyer, Johannes Gutenberg University Mainz.
(source: Nielsen Book Data)9789004347434 20180122
Law Library (Crown)
Book
xii, 480 pages ; 25 cm.
  • Acknowledgments 1 Introduction â The Study of Islamic Criminal Law in the Sudan â Research Questions â Sources Used â Structure 2 A Short History of Islamic Law in the Sudan â Law in the Funj Sultanate (1504-1821) and in Dar Fur (1640-1916) â The Centralization of Justice under Ottoman-Egyptian Rule (1820-1881) â ShariÊ¿a of Its Own Kind: Islamic Jurisdiction under the Mahdi (1881-1898) â The Condominium and the Introduction of British-Indian Law (1898-1956) â Discussions on the Islamization of Law (1952-1969) â Numayri and the Islamization of the Sudanese Legal System (1969-1985) â Procrastination under Siwar al-Dhahab and Sadiq al-Mahdi (1985-1989) â A Regime with an Agenda: al-Bashir and al-Turabi Take Over (1989-) 3 Sources, Structures, Procedure, Evidence, and General Principles â Criminal Legislation â Enforcement and Procedure â General Principles in Sudanese Islamic Criminal Law â Sanctions 4 Unlawful Sexual Intercourse (Zina) and Related Offenses â Zina and Related Offenses in the fiqh â Zina and Related Offenses in Sudanese Criminal Legislation â Zina and Related Offenses in Supreme Court Case Law 5 Unfounded Accusation of Unlawful Sexual Intercourse (Qadhf) â Qadhf in Islamic Jurisprudence (fiqh) â Qadhf in the Sudanese Penal Codes of 1983 and 1991 â Punishment of Qadhf â Lapsing of Qadhf 6 Alcohol Consumption (shurb al-khamr) â Definition and Punishment of Alcohol Consumption in the fiqh â The Definition of Alcohol Consumption in the Criminal Codes of 1983 and 1991 â Punishment of Alcohol Consumption in the Criminal Codes of 1983 and 1991 â The Lapsing of the Hadd Penalty for Alcohol Consumption 7 Hadd Theft (sariqa haddiyya) â Hadd Theft in the fiqh â Hadd Theft in the Penal Code of 1983 â Hadd Theft in the Criminal Bill of 1988 and the Criminal Act of 1991 8 Highway Robbery (Hiraba) â Hiraba in the fiqh â Hiraba in the Penal Code of 1983 â Hiraba in the Criminal Act of 1991 9 Apostasy (ridda) â Apostasy in the fiqh â Apostasy in the Penal Code of 1983 â Apostasy in the Criminal Act of 1991 10 Homicide and Bodily Harm â Homicide and Bodily Harm in the fiqh â Homicide, Bodily Harm, and Their Punishment before and after the Penal Code of 1983 â Homicide, Bodily Harm, and Their Punishment in the Criminal Act of 1991 11 TaÊ¿zir â TaÊ¿zir in the fiqh â TaÊ¿zir in the Penal Codes of 1983 and the Criminal Act of 1991 12 Human Rights and Sudanese Islamic Criminal Law â Survey of Human Rights Violations â Survey of Severe ShariÊ¿a Penalties 13 Conclusion â Development in Legislation â Development in Procedure and Evidence â Supreme Court Case Law â Political and Historical Factors â Final Thoughts Glossary of Arabic Legal Terms References Sudanese Laws and Legislative Projects List of Quoted Supreme Court Cases Index.
  • (source: Nielsen Book Data)9789004347434 20180122
In The Codification of Islamic Criminal Law in the Sudan, Olaf Kondgen 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 shariʿa criminal law, including homicide, bodily harm, unlawful sexual intercourse (zina, liwat), rape, unfounded accusation of unlawful sexual intercourse (qadhf), highway robbery (hiraba), 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, Kondgen convincingly explains the multiple contradictions and often surprising aspects of one of the Arab world's longest lasting applications of codified shariʿa criminal law. Olaf Kondgen 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 Kondgen fills an academic void; his work deserves the greatest recognition, for its extraordinary quality, its thoroughness and systematic approach." Prof. Gunter Meyer, Johannes Gutenberg University Mainz.
(source: Nielsen Book Data)9789004347434 20180122
Green Library
Book
xxx, 348 pages ; 25 cm.
  • The Mahdist state
  • The Mahdi's legal methodology
  • The Mahdi's legislation.
"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 here to reconstruct his legal methodology, which consisted of the Qurʼān, the sunna, and the inspiration (ilhām) derived from the Prophet and God, as well as to examine its origins and its impact on Islamic legal doctrine. Also, to assess his 'legislation' as an instrument to promote his political, social and moralistic agenda."-- Back cover.
Law Library (Crown)
Book
xxi, 348 pages ; 25 cm.
  • Introduction: the Mahdī's documents as a source of legal history
  • The Mahdist state
  • The Mahdī's legal methodology
  • The Mahdī's legislation.
Green Library
Book
372 pages ; 24 cm
SAL3 (off-campus storage)
Book
36 pages ; 28 cm.
SAL3 (off-campus storage)
Book
xxii, 277 pages : illustrations, maps ; 24 cm.
  • 1. Lawfare and warfare in Sudan-- 2. The colonial path to the rule of law, 1898-1956-- 3. Law in a state of crisis, 1956-89-- 4. Authoritarian legal politics and Islamic law, 1989-2011-- 5. Law and civil society, 1956-2011-- 6. Humanitarian legal politics in an authoritarian state, 2005-11-- 7. Reflections on legal politics.
  • (source: Nielsen Book Data)9781107026070 20160612
How do a legal order and the rule of law develop in a war-torn state? Using his field research in Sudan, the author uncovers how colonial administrators, postcolonial governments and international aid agencies have used legal tools and resources to promote stability and their own visions of the rule of law amid political violence and war in Sudan. Tracing the dramatic development of three forms of legal politics - colonial, authoritarian and humanitarian - this book contributes to a growing body of scholarship on law in authoritarian regimes and on human rights and legal empowerment programs in the Global South. Refuting the conventional wisdom of a legal vacuum in failed states, this book reveals how law matters deeply even in the most extreme cases of states still fighting for political stability.
(source: Nielsen Book Data)9781107026070 20160612
Green Library
Book
xxii, 277 pages : illustrations ; 24 cm.
  • Lawfare and warfare in Sudan
  • The colonial path to the rule of law, 1898-1956
  • Law in a state of crisis, 1956-1989
  • Authoritarian legal politics and Islamic law, 1989-2011
  • Law and civil society, 1956-2011
  • Humanitarian legal politics in an authoritarian state, 2005-2011
  • Reflections on legal politics
  • Appendix A: Methodological detail
  • Appendix B: Interview list.
How do a legal order and the rule of law develop in a war-torn state? Using his field research in Sudan, the author uncovers how colonial administrators, postcolonial governments and international aid agencies have used legal tools and resources to promote stability and their own visions of the rule of law amid political violence and war in Sudan. Tracing the dramatic development of three forms of legal politics - colonial, authoritarian and humanitarian - this book contributes to a growing body of scholarship on law in authoritarian regimes and on human rights and legal empowerment programs in the Global South. Refuting the conventional wisdom of a legal vacuum in failed states, this book reveals how law matters deeply even in the most extreme cases of states still fighting for political stability.
(source: Nielsen Book Data)9781107026070 20160612
Law Library (Crown)
Book
xv, 343 p. : ill. ; 23 cm.
  • Introduction Chapter 1: Shari'a, Islam and Islamism in Sudanese History Chapter 2: The Ascendance of Islamism, 1983-89 Chapter 3: 'Be Careful what you ask for' Chapter 4: Shari'a Courts and Judges in Contemporary Practice Chapter 5: Demographic Transformation Chapter 6: Social Transformation Chapter 7: Comparative cases of Iran, Afghanistan and Nigeria Chapter 8: Post-Islamism, Future of Shari'a and the Sudanese State.
  • (source: Nielsen Book Data)9781848856660 20160610
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.
(source: Nielsen Book Data)9781848856660 20160610
Green Library
Book
xvi, 311 p. ; 24 cm.
  • Introduction / Lutz Oette
  • Law reform in times of peace processes and transitional justice : the Sudanese dimension / Lutz Oette
  • Criminal law reform and human rights in African and Muslim countries with particular reference to Sudan / Abdelsalam Hassan Abdelsalam and Amin M. Medani
  • A legacy of institutionalized repression : criminal law and justice in Sudan / Amin M. Medani
  • Challenging the ugly face of criminal laws in East Africa : repressive legislation and human rights in Uganda, Kenya and Tanzania / Jamil Ddamulira Mujuzi
  • At the state's mercy : arrest, detention and trials under Sudanese law / Nabil Adib
  • Some reflections on law reform pertaining to arrested, detained and accused persons in South Africa / P.J. Schwikkard
  • The prosecution of international crimes under Sudan's criminal and military laws : developments, gaps and limitations / Mohamed Abdelsalam Babiker
  • The implementation of international criminal law in Arab states : the Jordanian experience / Ibrahim Aljazy
  • Lessons from a state of flux : the international justice laboratory of the Great Lakes Pact / Deirdre Clancy
  • Gendered justice : women and the application of penal laws in the Sudan / Asma Abdel Halim
  • Through the looking glass : the emergence, confused application and demise of Pakistan's Hudood rape laws / Sohail Akbar Warraich
  • Sexual violence and the law : comparative legislative experiences in selected Southern African countries / Rashida Manjoo, Gift Kweka and Suzzie Onyeka Ofuani
  • Future perspectives : debating criminal law reform and human rights in Sudan / Lutz Oette.
Sudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns. This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice. For the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives. The book provides valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. It also considers what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process.
(source: Nielsen Book Data)9781409431015 20160606
Law Library (Crown)
Book
xvi, 311 p. ; 24 cm.
  • Contents: Preface-- Introduction, Lutz Oette-- Part I Perspectives on Law Reform, Transitional Justice and Human Rights: Law reform in times of peace processes and transitional justice: the Sudanese dimension, Lutz Oette-- Criminal law reform and human rights in African and Muslim countries with particular reference to Sudan, Abdelsalam Hassan Abdelsalam and Amin M. Medani. Part II Reforming Sudan's Criminal Laws: Challenges and Comparative Experiences: 1 Repressive Criminal Legislation: A legacy of institutionalized repression: criminal law and justice in Sudan, Amin M. Medani-- Challenging the ugly face of criminal laws in East Africa: repressive legislation and human rights in Uganda, Kenya and Tanzania, Jamil Ddamulira Mujuzi. 2 Arrest, Detention and Fair Trial: At the state's mercy: arrest, detention and trials under Sudanese law, Nabil Adib-- Some reflections on law reform pertaining to arrested, detained and accused persons in South Africa, P.J. Schwikkard. 3 Accountability for International Crimes: The prosecution of international crimes under Sudan's criminal and military laws: developments, gaps and limitations, Mohamed Abdelsalam Babiker-- The implementation of international criminal law in Arab states: the Jordanian experience, Ibrahim Aljazy-- Lessons from a state of flux: the international justice laboratory of the Great Lakes Pact, Deirdre Clancy. 4 Criminal Law and Gender-Based Violence: Gendered justice: women and the application of penal laws in the Sudan, Asma Abdel Halim-- Through the looking glass: the emergence, confused application and demise of Pakistan's Hudood rape laws, Sohail Akbar Warraich-- Sexual violence and the law: comparative legislative experiences in selected Southern African countries, Rashida Manjoo, Gift Kwekea and Suzzie Onyeka Ofuani-- Future perspectives: debating criminal law reform and human rights in Sudan, Lutz Oette-- Index.
  • (source: Nielsen Book Data)9781409431015 20160606
Sudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns. This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice. For the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives. The book provides valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. It also considers what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process.
(source: Nielsen Book Data)9781409431015 20160606
Green Library
Book
250 pages : illustration ; 24 cm
SAL3 (off-campus storage)
Book
752 p. ; 24 cm.
Domestic relations; law and legislation; Islamic law; Tunisia.
SAL3 (off-campus storage)
Book
viii, 319 p. ; 25 cm.
  • Part I: Customary Law in Context 1. Introduction 2. Historical background: Law, war and identity 3. Customary law in its cultural context 4. Customary law and legal pluralism 5. Customary law, war and social transformation 6. The challenges of reform Part II: Substansive Examples of Customary Law 7. Introduction 8. Family law 9. Law of defamation 10. Law of property 11. Homicide and bodily injuries Part III: Voices for Customary Law 12. Introduction 13. Dr Peter Nyot Kok 14. Paul Myem Akec and John Luk 15. Attorney General Michael Makuei 16. Deputy Chief Justice, Bullen Pancol Awal 17. Tilar Deng 18. A group of Southern Sudanese judges and lawyers 19. Ambrose Riiny Thiik and Chan Reec Madut 20. Ali Osman Yassin 21. Dr Amin Mekki Medani and Omar El Farouk Shoumena.
  • (source: Nielsen Book Data)9780710313386 20160528
Sudan - where the world's longest civil war has been fought for 21 years - is now the proving ground for customary law. The educated elite, particularly in the Arabized, Islamicized North, see customary law as backwards and incapable of coping with modernity, but the reality is that most Sudanese in the South adhere to it. In the context of the Comprehensive Peace Agreement (CPA) concluded in 2005 between the warring sides, customary law is being projected as a central element in the Southern identity for which the people fought and also as an important source of legislation, constitutionalism and the rule of law for the government of Southern Sudan.Although the shortcomings of customary law are recognised, it also enshrines the principles of universal human rights. Is it likely to finally bring peace to Sudan, what are the challenges that face those who want to turn aspirations into programs and strategies, and what implications does the Sudanese case have for other nations and groups? Written by the distinguished Sudanese jurist, scholar and diplomat Francis Deng, this important work is divided into two parts; the first defines customary law in context, and the second presents the views of leading legal and political figures on customary law and its place in the modern world.
(source: Nielsen Book Data)9780710313386 20160528
Green Library
Book
viii, 319 p. ; 24 cm.
  • Part I: Customary Law in Context 1. Introduction 2. Historical background: Law, war and identity 3. Customary law in its cultural context 4. Customary law and legal pluralism 5. Customary law, war and social transformation 6. The challenges of reform Part II: Substansive Examples of Customary Law 7. Introduction 8. Family law 9. Law of defamation 10. Law of property 11. Homicide and bodily injuries Part III: Voices for Customary Law 12. Introduction 13. Dr Peter Nyot Kok 14. Paul Myem Akec and John Luk 15. Attorney General Michael Makuei 16. Deputy Chief Justice, Bullen Pancol Awal 17. Tilar Deng 18. A group of Southern Sudanese judges and lawyers 19. Ambrose Riiny Thiik and Chan Reec Madut 20. Ali Osman Yassin 21. Dr Amin Mekki Medani and Omar El Farouk Shoumena.
  • (source: Nielsen Book Data)9780710313386 20160528
Sudan - where the world's longest civil war has been fought for 21 years - is now the proving ground for customary law. The educated elite, particularly in the Arabized, Islamicized North, see customary law as backwards and incapable of coping with modernity, but the reality is that most Sudanese in the South adhere to it. In the context of the Comprehensive Peace Agreement (CPA) concluded in 2005 between the warring sides, customary law is being projected as a central element in the Southern identity for which the people fought and also as an important source of legislation, constitutionalism and the rule of law for the government of Southern Sudan.Although the shortcomings of customary law are recognised, it also enshrines the principles of universal human rights. Is it likely to finally bring peace to Sudan, what are the challenges that face those who want to turn aspirations into programs and strategies, and what implications does the Sudanese case have for other nations and groups? Written by the distinguished Sudanese jurist, scholar and diplomat Francis Deng, this important work is divided into two parts; the first defines customary law in context, and the second presents the views of leading legal and political figures on customary law and its place in the modern world.
(source: Nielsen Book Data)9780710313386 20160528
Law Library (Crown)
Book
xxi, 173 p. ; 23 cm.
  • Customary law in general
  • Ethnic and historical background of the Dinka and Nuer
  • The sources of the Dinka and Nuer customary laws
  • The structure of Dinka and Nuer customary laws
  • Customary family law
  • Customary rules of property and legal obligations
  • Customary criminal law.
Law Library (Crown)
Book
v. ; 24 cm
Civil procedure; Sudan.
SAL3 (off-campus storage)
Book
211 pages ; 24 cm
SAL3 (off-campus storage)
Book
554 p. ; 25 cm
Juvenile justice, Administration of; Sudan; law and legislation.
SAL3 (off-campus storage)
Book
340 p. ; 24 cm
SAL3 (off-campus storage)