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• Introduction - Lutz Oette and Mohamed Abdelsalam Babiker
• Part I: The Challenges for Peace, Human Rights Protection and Constitutionalism in the Sudans
• 1. Power, Conflict and Human Rights in Sudan - Lutz Oette
• 2. In Search of Constitution and Constitutionalism in Sudan: The Quest for Legitimacy and the Protection of Rights - Ali Suleiman Fadlalla and Mohamed Abdelsalam Babiker
• 3. Constitutionalism Under Siege: Constitutional Standoffs in South Sudan and Their Implications for the War-stricken Nation - David K. Deng
• Part II: Constitutional Protection of Human Rights
• 4. Human Rights Protection in Sudan's Constitutions: A Critique of Bills of Rights - Mohamed Abdelsalam Babiker
• 5. Citizenship, Statelessness and Human Rights Protection in Sudan's Constitutions and post South Sudan Secession Challenges - Munzoul A. M. Assal
• 6. Constitutional Dimensions of Minority Rights and the Rights of Peoples in the Sudans - Noha Ibrahim Abdelgabar, Mohamed Abdelsalam Babiker and Lutz Oette
• 7. Women's Rights in Sudan: Constitutional Recognition and Lived Experiences - Ebtisam Sanhouri Elrayh
• Appendix: Human Rights Provisions in the Constitutions of Sudan and South Sudan & Selected Constitutional Court Cases.
• (source: Nielsen Book Data)

Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan's governance problems. Following South Sudan's independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan's identity, governance and rule of law, human rights protection and the relationship between religion and the State. This book provides an in-depth study of Sudan's constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book addresses constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women's rights.
(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)

• 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)

• 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)

• 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)

• 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.

• 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)

• 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)

Sudan; politics and government; congresses.

Politics and government; federation; constitutional law; Sudan.

• 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)