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The present study examines President Ja'far Numayri'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 Numayri'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.
(source: Nielsen Book Data)

• 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)

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)

• In the shoes of the colonized
• A tale of two courts : the Sharia of Allah and the custom of the patriarch
• President Ismail Al-Azhari, 1965-1969 : the politics of moral injury
• Nimerie's instant justice : tongue of God and the rogue
• The Qadis and Mahmoud M. Taha : toward an economy of vendetta and martyrdom
• Growing up in a Qadi's home : Hasan Al -Turabi and his theology of modernity.

The book uses the concept of the "Manichaean" geography of the colony, popularized by Fanon, to account for the virulent Islamic renewal in Sudan. In focusing on the Sudan judiciary, characterized by an unrelenting rift between its civil and Sharia divisions, the book examines the various forces that sought to profit from these Manichaean resources.
(source: Nielsen Book Data)

• In the shoes of the colonized
• A tale of two courts : the Sharia of Allah and the custom of the patriarch
• President Ismail Al-Azhari, 1965-1969 : the politics of moral injury
• Nimerie's instant justice : tongue of God and the rogue
• The Qadis and Mahmoud M. Taha : toward an economy of vendetta and martyrdom
• Growing up in a Qadi's home : Hasan Al -Turabi and his theology of modernity.

The book uses the concept of the "Manichaean" geography of the colony, popularized by Fanon, to account for the virulent Islamic renewal in Sudan. In focusing on the Sudan judiciary, characterized by an unrelenting rift between its civil and Sharia divisions, the book examines the various forces that sought to profit from these Manichaean resources.
(source: Nielsen Book Data)

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.
(source: Nielsen Book Data)

• 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)

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)

• 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)

• Introduction: the Mahdī's documents as a source of legal history
• The Mahdist state
• The Mahdī's legal methodology
• The Mahdī's legislation.

• 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)

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)

• Introduction to Islamic law-- history of Islamic law in the Sudan-- structure and procedures of the Islamic courts-- the status of women in Islamic law-- Islamic marriage in the Sudan-- the law of divorce in practice-- the maintenance of women, custody and support of children-- the transference of wealth and property-- movements for reform or restoration of the Shari'a in the Sudan-- recent developments. Appendices: the scholarly sources-- judicial circulars of the Sudan Shari'a courts-- chronological list of Sudanese Grand Qadis-- glossary of Shari'a legal terms.
• (source: Nielsen Book Data)

This work studies not only the philosophical and religious underpinnings of Sharia law, but case material and legal statistics to analyse its application in the area of personal status law in the Sudan. It stresses marriage, divorce, child custody, women's status and social movements for change.
(source: Nielsen Book Data)

Women judges; legal status, laws, etc. (Islamic law); Sudan.

• 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.

Domestic relations; law and legislation; Islamic law; Tunisia.

• 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)

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)

• 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)

• Foreword: Law in Sudan : an anthropological perspective / Baudoin Dupret
• Introduction: The anthropology of law in Muslim Sudan / Barbara Casciarri
• Land alienation as a legal, political, economic and moral issue in the Nile Valley of North Sudan / Enrico Ille
• Claiming tribal land rights in a global context : institutional bricolage and definitions of 'urf among pastoralists in Khartoum State / Barbara Casciarri
• Ambiguous land ownership in al-Ṣalḥa, Omdurman : land grabbing or "business as usual"? / Munzoul M. A. Assal
• Access to land for non-Muslims in greater Khartoum : disclosing divergent minority models in international and Sudanese laws / Phippe Gout
• Communal customary land rights in Sudan : the need for a comprehensive reform of statutory land laws / Mohamed A. Babiker
• Dynamics of dispute management in South Gedaref State, eastern Sudan : an anthropological approach / Zahir M. Abdal-Kareem
• Voluntary dispute resolution forums in al-Ḥilla al-Jadīda squatter settlement, Omdurman / Musa A. Abdul-Jalil
• Conflict, property, mortgage and state courts in Khartoum / Yazid Ben Hounet
• Customary courts : between accomodating and countering the hegemony of the laws of the state : the case of Mayo / Azza A. Abdel Aziz
• Customary law and courts in the context of Sudan's legal pluralism : marginalized or empowered under English common law and Islamic law? / Mohamed A. Babiker.

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.
(source: Nielsen Book Data)