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

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

  • 作者:
  • 出版商: Brill Academic Publishers
  • ISBN: 9789004347434
  • 出版时间 December 2017
  • 规格: Hardback
  • 适应领域: Netherlands ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    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

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