In September 1983, president Gaafar Nimeiry introduced Islamic sharia laws in Sudan, known as September Laws (Arabic: قوانين سبتمبر, romanized:Qawānīn Sibtambir), disposing of alcohol and implementing hudud punishments such as public flogging for alcohol consumption and amputations for theft. Nimeiry declared himself the "imam of the Sudanese umma", leading to concerns about the undemocratic implementation of these laws. Hassan al-Turabi (then the attorney general) assisted with drafting the law and later supported the laws, unlike the leader of the opposition Sadiq al-Mahdi's view.
Nimeiry's alliance with the Sudanese Muslim Brotherhood aimed to end sectarian divisions and consolidate Islamic governance. Despite Nimeiry's assertion that the sharia laws reduced crime rates, his economic policies, including Islamic banking, led to severe economic issues in Sudan, including high inflation and substantial external debt. This led to his removal in 1985, and the law was frozen during the transition to democracy between 1985 and 1989.
By 1977, a committee was working to align Sudanese laws with the sharia, and the Muslim Brotherhood, headed by Hassan al-Turabi, a professor of constitutional law at the University of Khartoum,[1] was gaining influence in university student political groups. The al-Turabi committee concluded that only 10% of the laws adhered to the sharia.[2] However, legislative attempts to Islamise the law through the People's Assembly were met with resistance.[3]
In 1979, a longstanding dispute between the Sudanese Muslim Brotherhood and the main Muslim Brotherhood organisation re-emerged. At that time, al-Turabi, serving as the attorney general,[3] refused to pledge loyalty to the International Muslim Brotherhood, resulting in a division. Sheikh Sadiq al-Mahdi and his supporters sided with al-Turabi, causing a split within the organisation. Although Youssef Nour al-Daim[ar] had assumed leadership of the Sudanese Brotherhood in 1969, it remained a smaller faction with restricted influence. Al-Turabi named his faction the "Sudanese Islamic Movement".[1]
Between 1977 and 1985, Nimeiry's efforts to implement an "Islamic approach" in Sudan, which aimed to end sectarian divisions, especially the al-Mirghani and al-Mahdi rivalry,[4] and consolidate Islamic governance.[5] His transition from nationalist leftist ideologies to a stricter Islamic stance was documented in his books The Islamic approach, why? and The Islamic approach, how? The link between the revival of Islam and his efforts to reconcile with opponents of the 1976 coup attempt coincided with the emergence of militant Islam in other global regions. In addition, Nimeiry's association with the Abu Qurun Sufi order also played a role in his turn towards Islam, leading him to assign followers of this order to significant positions.[5]
The commencement of the legislation for the "Islamic approach" (path or revolution) in early 1983 resulted in the introduction of several directives and laws to enforce sharia law and other fundamental Islamic doctrines.[5] By September 1983, Nimeiry introduced sharia law in Sudan,[6] later known as the "September Laws".[7][8] A group of Islamists, including al-Nile Abu Qarun, Awad al-Jaid, and Badriya Suleiman, who were students of al-Turabi, assisted Nimeiry in drafting the laws.[9][10][11] The laws led to prohibition and implementing hudud punishments,[12] like public amputations for theft and floggings for drinking alcohol.[13]Economic reforms to confirm with Islam were introduced in early 1984, removing interest and implementing zakat. Nimeiry proclaimed himself the "imam of the Sudanese umma" in 1984.[5]
Hassan al-Turabi backed the September Laws, in contrast to Sadiq al-Mahdi's opposing stance. al-Turabi, along with supporters within the government, also objected to autonomy in the southern region, a non-religious constitution, and the adoption of non-Islamic cultural practices.[5] Opposition to Nimeiry's Islamisation came from various quarters. Southerners, northern seculars and religious voices, and the judiciary voiced concerns about the undemocratic implementation and lack of consultation. Sadiq al-Mahdi, leader of the Umma Party, was initially jailed for his opposition.[8] In addition, the state-wide declaration of sharia law alienated the predominantly Christian and animist south,[14] which exacerbated the conflict in the south to a civil war in 1983. Thereafter, in 1984, Nimeiry declared a state of emergency, giving special powers to the military.[15]
To show his dedication to sharia, Nimeiry banned "European dancing"[14] and ordered all alcoholic beverages in Khartoum spectacularly dumped into the Blue Nile.[16][17] In total, US$11 million worth of alcohol was dumped.[14] Until this prohibition, the trade in such goods as well as ownership of nightclubs and bars had traditionally been dominated by Sudanese Greek merchants, who controlled around 80% of the market.[18] Since then, the purveying, consumption, and purchasing of alcohol have been banned in Sudan, with the penalty for violating the prohibition being 40 lashes.[19]
Nimeiry was allied with the Muslim Brotherhood led by al-Turabi and allowed the group to work freely which they used to empower themselves and take control. They publicly supported the introduction of laws in September 1983 through large marches and offered significant political support using their networks and influential members such as judges Muhammad Mahjoub Haj Nour and Al-Makashfi Taha Al-Kabashi.[20] In 1984, Nimeiry articulated his vision of establishing an Islamic state in Sudan at an Islamic conference.[5] He initiated proposals to extensively amend Sudan's 1973 constitution to declare the country an "Islamic republic". These amendments aimed to designate the president as "a leader of the believers and the head and imam of the state" and assert sharia as the primary source of law, excluding non-Muslims from certain aspects of public life.[21] Nimeiry's affiliation with the Abu Qurun Sufi order influenced his belief in being the sole authority to interpret laws based on sharia principles.[5]
Nimeiry defended the adoption of sharia law by citing an increase in crime rates. He asserted that the implementation of the sharia led to a significant decline in crime, reporting a reduction of more than 40% within a year, attributing it to the imposition of new penalties. However, the historian Gabriel Warburg asserted that examining the validity of Nimeiry's assertion regarding the decrease in crime rates in Sudan in 1985 is challenging as there appears to be a lack of independent statistical evidence that can either disprove or support this claim.[5] Nimeiry credited Sudan's economic prosperity to the zakat and taxation law, emphasising its advantages for both the impoverished and non-Muslims. Nevertheless, his economic strategies, which encompassed Islamic banking, resulted in severe financial problems that worsened Sudan's economic condition, with inflation escalating to 41% and an external debt of US$9 billion.[5][22]
Amputation
Cross amputation survivors, Adam Ismaeel (left) and Ibrahim Osman (right), in 1986
The period from 1983 to 1985 brought severe drought and desertification in Sudan, which had a significant impact on agricultural productivity and food availability in the region. This led to a famine declared on 29 November 1984 by the United States Agency for International Development.[23] However, the implementation of the September Laws and hudud punishment was not hindered by the famine.[24]
Three hundred Sudanese individuals underwent limb amputations as a penalty for stealing property valued at more than US$40. These amputees faced continuous social stigma, struggled to secure employment due to the perception of their severed limbs as symbols of criminality, and often were subject to wrongful arrests. The amputation procedures, performed publicly by untrained individuals, exacerbated amputees' suffering.[25][26]
To cope with the physical and emotional pain, some amputees resorted to crime or addiction. However, they rallied together to form a self-help association, aiming to establish small businesses and obtain medical and legal assistance. They sought recognition as a charity but faced opposition from the government, citing concerns that it might be used as a front for criminals and disrupt the Sudan's form of Islamic justice.[25]
Sudanese historian al-Mahbob Abdul Salam recounts that Hassan al-Turabi lost consciousness while witnessing an amputation at Kober prison.[2] In 1985, Hassan al-Turabi stated, "Ultimately you cannot do away with amputations because it is there in the book [Quran]."[26]
Execution of Mahmoud Muhammad Taha
Taha was executed in 1985 for apostasy and sedition under the September Law
The Republican Brotherhood, established by Mahmoud Mohammed Taha, represented another Islamic movement in Sudan. This movement endorsed the idea of Islam having two messages and discarded various Islamic traditions. It advocated for peaceful relations with Israel, gender equality, and various freedoms. It also criticised Wahhabism, opposed the enforcement of Islamic penal codes, and supported a federal social democratic governance system. Taha vehemently opposed the prohibition of the Sudanese Communist Party, denouncing it as an undermining of democracy, despite not being affiliated with communism.[1] He was convicted of apostasy in 1968 by Ismail al-Azhari's government and faced a similar sentence again in 1984.[5]
Taha was executed on 18 January 1985 under the September Laws.[27][28] He was sentenced to death for the crime of apostasy and sedition. Taha's execution sparked international outrage and condemnation, with many human rights organisations and individuals decrying the violation of his right to freedom of thought and expression.[29][26]
Nimeiry's Islamic phase marked the end of the Addis Ababa Agreement of 1972, sparking renewed tensions in Southern Sudan in 1983. The initial agreement had provided regional autonomy and acknowledged Sudan's diverse societal makeup. It guaranteed equality irrespective of race or faith, permitting different personal laws for non-Muslims. However, conflicts heightened due to the discovery of oil, the dissolution of the Southern Regional Assembly, and attempts at decentralisation.[8]
In the south, the September Laws were bitterly resented both by secularised Muslims and by the predominantly non-Muslim southerners,[30] as Christians faced sharia punishment, including 8, who were hanged.[26] The SPLM denounced the sharia, and the executions and amputations ordered by religious courts. Meanwhile, the security situation in the south had deteriorated so much that by the end of 1983 it amounted to a resumption of the civil war.[30][8]
Nimeiry's partnership with the Muslim Brotherhood and the Ansar was intended to unify religious factions and introduce sharia law. However, despite initially working together, the Ansar criticised Nimeiry's application of these laws as being both un-Islamic and corrupt. After Nimeiry's removal after the 1985 coup d'état, Sudan's political landscape transformed, giving rise to multiple political parties. The National Islamic Front (NIF), Ansar, and Khatmiyya Sufi order (DUP) became significant players in Sudanese politics. Hassan al-Turabi and the NIF consistently advocated for Islamic laws and opposed alterations to the existing framework.[5]
The laws were frozen during Sudan’s transition to democracy after the 1985 coup d'état, but were reinstated during the Omar al-Bashir era between 1989 and 2019, after the 1989 coup d'état.[31][32]
Sharia remained a source of legislation in the 15 states of the North. The 1991 Sudanese Criminal Act,[33] in accordance with sharia, authorised hudud punishments in the north.[34] The consumption of alcohol was punishable by 40 lashes for a Muslim and 20 lashes for a Christian. Islamic family jurisprudence applied to Muslims in Sudan, while certain Islamic law provisions discriminated against women, especially regarding inheritance, marriage and divorce. Women were instructed to dress modestly according to Islamic standards, including wearing a head covering which was enforced by the Public Order Police. In addition, converting from Islam to another religion was considered apostasy under sharia and was punishable by death in the North.[35]
For example, in 2009 a group of women, excluding journalist Lubna al-Hussein, were lashed for wearing jeans.[36] As reported in 2012, since 2005, numerous individuals have been convicted of adultery, facing penalties such as flogging and, in some instances, stoning. In July 2013, a 23-year-old mother of a six-month-old baby was sentenced to death by stoning for adultery.[31] In 2022, a woman was due to be stoned for adultery[37] before being jailed for 6 months.[38]
In 2013, According to Deputy Chief Justice Abdul Rahman Sharfi, since 2001, 16 people were amputated or cross-amputated.[31] In 1991,[39] 2013,[13] 2015,[40] 2021,[40] and 2023,[32] there were documented cases of men being sentenced to hand amputation for theft.[32] In 2013, three men were sentenced to amputation for stealing cooking oil in North Darfur under article 173 of the 1991 Sudanese Criminal code,[41][42] but the sentence was later overturned.[42] On 14 February 2013, a man's right hand and foot were amputated at al-Ribat Hospital after he was convicted with armed robbery,[43][44] known as "Hirabah" in article 167 of the 1991 Sudanese Criminal Act.[45] A similar cross-amputation sentence was issued and enforced in 2021.[40]
Until the 2005 Comprehensive Peace Agreement, the Sudanese government condoned certain discriminatory practices against Christians living in the North. For instance, it mandated that all students in the North study Islam in school, regardless of their religious beliefs.[35]
On 17 March 2000, Curtis Francis Doebbler, a lawyer and human rights advocate, filed a case against Sudan, known as Curtis Francis Doebbler v. Sudan,[40] before the African Union Commission. Doebbler alleged that Sudan violated various provisions of the African Charter on Human and Peoples' Rights by arbitrarily arresting, detaining, and torturing individuals, including himself, during his work as legal counsel.[46] On 29 May 2003, the African Union Commission found that Sudan violated Article 5 of the African Charter. The Government of Sudan was urged to revise its 1991 Criminal Law to meet international human rights standards, abolish flogging as a punishment, and ensure victims receive compensation.[46]
Gaafar Muhammad an-Nimeiry was a Sudanese military officer and politician who served as the fourth head of state of Sudan from 1969 to 1985, first as Chairman of the National Revolutionary Command Council and then as President.
Hassan al-Turabi was a Sudanese politician and scholar. He was the alleged architect of the 1989 Sudanese military coup that overthrew Sadiq al-Mahdi and installed Omar al-Bashir as president. He has been called "one of the most influential figures in modern Sudanese politics" and a "longtime hard-line ideological leader". He was instrumental in institutionalizing Sharia in the northern part of the country and was frequently imprisoned in Sudan, but these "periods of detention" were "interspersed with periods of high political office".
The Second Sudanese Civil War was a conflict from 1983 to 2005 between the central Sudanese government and the Sudan People's Liberation Army. It was largely a continuation of the First Sudanese Civil War of 1955 to 1972. Although it originated in southern Sudan, the civil war spread to the Nuba mountains and the Blue Nile. It lasted for almost 22 years and is one of the longest civil wars on record. The war resulted in the independence of South Sudan 6 years after the war ended.
Sadiq al-Mahdi, also known as Sadiq as-Siddiq, was a Sudanese political and religious figure who was Prime Minister of Sudan from 1966 to 1967 and again from 1986 to 1989. He was head of the National Umma Party and Imam of the Ansar, a Sufi order that pledges allegiance to Muhammad Ahmad (1844–1885), who claimed to be the Mahdi, the messianic saviour of Islam.
The National Congress Party was a major political party of ousted President Omar Al-Bashir, it dominated domestic politics in Sudan from its foundation until it was dissolved following the Sudanese Revolution.
The National Islamic Front was an Islamist political organization founded in 1976 and led by Dr. Hassan al-Turabi that influenced the Sudanese government starting in 1979, and dominated it from 1989 to the late 1990s. It was one of only two Islamic revival movements to secure political power in the 20th century.
On 25 May 1969, several young officers calling themselves the Free Officers Movement seized power in Sudan in a coup d'état and started the Nimeiry era, also called the May Regime, in the history of Sudan. At the conspiracy's core were nine officers led by Colonel Gaafar Nimeiry, who had been implicated in plots against the Abboud regime. Nimeiry's coup preempted plots by other groups, most of which involved army factions supported by the Sudanese Communist Party (SCP), Arab nationalists, or conservative religious groups. He justified the coup on the grounds that civilian politicians had paralyzed the decision-making process, had failed to deal with the country's economic and regional problems, and had left Sudan without a permanent constitution.
This article details the period of Transitional Military Council, April 1985 to April 1986, in the history of Sudan. The combination of the south's redivision, the introduction throughout the country of the sharia, the renewed civil war, and growing economic problems eventually contributed to Gaafar Nimeiry's downfall. On April 6, 1985, a group of military officers, led by Lieutenant General Abdel Rahman Swar al-Dahab, overthrew Nimeiry, who took refuge in Egypt.
The dominant religion in Sudan is Islam practiced by around 90.7% of the nation's population. Christianity is the largest minority faith in country accounting for around 5.4% of the population. A substantial population of the adherents of traditional faiths is also present.
The Libyan–Sudanese relations refers to the long historical relations between Libya and Sudan, both are Arab countries.
Republican Brotherhood was a small, but influential political party in Sudan. The party was founded in the 1945, by Mahmoud Mohamed Taha. The party came into the limelight in 1983, as Taha opposed the implementations of sharia laws by Jaafar Nimeiry. Taha was arrested and executed in 1985. The party continued to exist for a few years, being disbanded sometime after 1989.
Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds since ancient times.
Mahmoud Mohammed Taha, also known as Ustaz Mahmoud Mohammed Taha, was a Sudanese religious thinker, leader, and trained engineer. He developed what he called the "Second Message of Islam", which postulated that the verses of the Qur'an revealed in Medina were appropriate in their time as the basis of Islamic law, (Sharia), but that the verses revealed in Mecca represented the ideal and universal religion, which would be revived when humanity had reached a stage of development capable of implementing them, ushering in a renewed era of Islam based on the principles of freedom and equality. He was executed for apostasy for his religious preaching at the age of 76 by the regime of Gaafar Nimeiry.
Capital punishment in Sudan is legal under Article 27 of the Sudanese Criminal Act 1991. The Act is based on Sharia law which prescribes both the death penalty and corporal punishment, such as amputation. Sudan has moderate execution rates, ranking 8th overall in 2014 when compared to other countries that still continue the practice, after at least 29 executions were reported.
The 1985 Sudanese coup d'état was a military coup that occurred in Sudan on 6 April 1985. The coup was staged by a group of military officers and led by the Defense Minister and Armed Forces Commander-in-Chief, Field Marshal Abdel Rahman Swar al-Dahab, against the government of President Gaafar Nimeiry.
The Islamist movement in Sudan started in universities and high schools as early as the 1940s under the influence of the Egyptian Muslim Brotherhood. The Islamic Liberation Movement, a precursor of the Sudanese Muslim Brotherhood, began in 1949. Hassan Al-Turabi then took control of it under the name of the Sudanese Muslim Brotherhood. In 1964, he became secretary-general of the Islamic Charter Front (ICF), an activist movement that served as the political arm of the Muslim Brotherhood. Other Islamist groups in Sudan included the Front of the Islamic Pact and the Party of the Islamic Bloc.
The legal system of Sudan has evolved over time. The legacy of British colonial rule has had a significant impact even after independence. Most of the lawyers and judges were British trained and initially tended to rely on judicial precedent. Soon after independence, however, pressure began to build to change the legal system. By the time Jaafar Nimeiry seized power in 1969, a commission had been working on recommendations for a new system, but he dissolved it and formed another commission dominated by 12 Egyptian jurists. Based on recommendations received from them, Sudan adopted a new civil code that looked much like the Egyptian civil code of 1949. The new system was controversial because it disregarded existing laws and customs and introduced many new legal terms and concepts from Egyptian law without source material to interpret the codes. In 1973 the government repealed these codes and returned the legal system to its pre-1970 common-law status. In 1977 Nimeiry agreed to consider a Muslim Brotherhood demand that the system be based on Islam. He appointed al-Turabi as chairman of a committee to draft new Islamic laws. Nimeiry accepted few of the proposals from this committee. He then established a small, new group in 1983 that developed a “cut-and-paste” version of sharia laws based on practice in other countries. In September 1983, Nimeiry issued several decrees, known as the September Laws, which made sharia the law of the land.
In early 1972, Gaafar Nimeiry visited Saudi Arabia and engaged in dialogue with Sharif Hussein al-Hindi, the opposition leader, at the request of King Faisal of Saudi Arabia. The dialogue revolved around addressing past grievances and the political landscape. Nimeiry attributed past massacres to communists while Sharif criticised Nimeiry's regime. Offers and suggestions were exchanged, including Nimeiry proposing the Vice Presidency to Sharif, but no agreement was reached. Disappointed with the outcome, Sharif planned an attack on Khartoum with Libyan support.
Following the 1976 coup attempt, a national reconciliation was reached in Sudan on 7 July 1977, where Nimeiri and al-Mahdi signed an agreement that readmitted the opposition in exchange for the dissolution of the National Front. Civil liberties were restored, and political prisoners were released. The reconciliation also involved shifts in Sudanese politics, with the adoption of Islamic law, known as September Laws, in 1983. Nimeiri faced opposition from various groups, including secularised Muslims and non-Muslim southerners. This move contributed to the resumption of the civil war in the south, leading to conflicts and political shifts.
The Criminal Act of 1991 in Sudan was enacted to align the country's legal system with Islamic principles, incorporating Shari'a law. It replaced the Penal Code of 1983 and includes provisions for hudud, qisas, and ta'zir. The Act also criminalises apostasy, punishable by death, and has been criticised for harsh penalties such as amputation and flogging. Significant amendments were made in 2020, including the removal of the death penalty for apostasy and the repeal of Public Order Laws.
1 2 al-Arabiya (8 March 2023). تطبيق الشريعة – الجزء الاول[Application of Sharia - Part One] (in Arabic). Archived from the original on 29 October 2023. Retrieved 20 October 2023.
↑ al-Faisal, Babkir (3 November 2021). "حلقة التكفير الشريرة | الحرة". www.alhurra.com (in Arabic). Archived from the original on 29 October 2023. Retrieved 20 October 2023.
↑ Metz, Helen Chapin (10 December 1992). "Sudan, a country study"(PDF). Federal Research Division, Library of Congress. p.49. Archived(PDF) from the original on 7 February 2022.
1 2 Shinn, David H. (2015). "The Legal System"(PDF). In Berry, LaVerle (ed.). Sudan: a country study (5thed.). Washington, D.C.: Federal Research Division, Library of Congress. pp.244–251. ISBN978-0-8444-0750-0. Archived(PDF) from the original on 7 February 2022. Retrieved 22 October 2023. This article incorporates text from this source, which is in the public domain. Though published in 2015, this work covers events in the whole of Sudan (including present-day South Sudan) until the 2011 secession of South Sudan.{{cite encyclopedia}}: CS1 maint: postscript (link)
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