The reinstatement of Islamic law in Sudan under Numayri : an evaluation of a legal experiment in the light of its historical context, methodology, and repercussions / Aharon Layish and Gabriel R. Warburg.

Format:

Book

Author/Creator:

Layish, Aharon, 1933-2022, author.

Warburg, Gabriel, author.

Series:

Studies in Islamic law and society ; Volume 16.

Studies in Islamic Law and Society Series ; Volume 16

Language:

English

Subjects (All):

Islamic law--Sudan.

Islamic law.

Islam and politics--Sudan.

Islam and politics.

Sudan--Politics and government.

Sudan.

Physical Description:

1 online resource (372 pages)

Edition:

First edition.

Place of Publication:

Leiden, The Netherlands : Brill, [2002]

Summary:

The present study examines President Ja'far Numayrī'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 Numayrī'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.

Contents:

Intro

Title Page

Copyright Page

Table of Contents

Acknowledgments

Preface

List of Sudanese Political Parties and Organizations

List of Islamist Statutes and Courts

CHAPTER ONE BACKGROUND TO ISLAMIZATION

1. The Mahdiyya: Setting the Stage for an Islamist Agenda

2. Islam, Sectarianism and Politics

2.1. The Emergence of Neo-Mahdism

2.2. The Muslim Brothers

2.2.1. Ḥasan al-Turābī

3. Islamist Views on the Islamic State

3.1. Al-Ṣādiq al-Mahdī and the Anṣār

3.2. Ḥasan al-Turābī and the Muslim Brothers

4. Numayrī's Shift from Anti-Sectarianism to the Islamic Path

4.1. The Islamic Path

4.2. The Role of the Muslim Brothers

4.3. The Anṣār and the Islamic State

4.4. The Trial and Execution of Maḥmūd Muḥammad Ṭāhā

4.5. The Islamist Statutes and the South

5. The End of Numayrī's Regime

CHAPTER TWO THE ISLAMIZATION OF SUDANESE LAW

1. Introduction

1.1. The Role of the Sharīʿa in the Pre-1983 Legal System

1.2. The Policy of Islamizing the Law

1.3. Ḥasan al-Turābī's Legal Methodology

2. Techniques of Reinstating the Sharīʿa

2.1. Methods of Introducing the Shaeīʿa in the Legal System

2.1.1. Codification of the Sharīʿa

2.1.2. Islamist Legal Circulars

2.1.3. The Conformity of Statutory Provisions with the Sharīʿa (the "Constitutional Provision")

2.1.4. The Incorporation of Sharʿī Norms into Statutory Legislation

2.2. Methods of Identifying Sharʿī Doctrines for Introduction into Statutory Provisions

2.2.1. The Eclectic Expedient

2.2.1.1. Selecting from Various Interpretations of the Fiqh

2.2.1.2. Selecting from Modern Codifications of Islamic Law

2.2.2. Direct Resort to the Qurʾān, the Sunna, and the Uncodified Sharīʿa

2.2.3. The Judge's Statutory Right of Ijtihād

3. Absorption of Pre-1983 Sources of Law in the Islamist Legislation.

3.1. Justice, Equity and Good Conscience

3.2. Judicial Precedent

3.3. Custom

CHAPTER THREE APPLICATION OF ISLAMIST LEGISLATION AND LEGAL CIRCULARS

1. The Court System

1.1. Organization, Jurisdiction, and the Law Applicable

1.2. Precedents of the Supreme Court

1.3. The Ḥisba as an Instrument Enforcing Islamist Legislation

1.4. Circumstantial Evidence

1.5. Retroactive Application of Islamist Statutes

2. Islamization of the Law Applicable through Judicial Practice

2.1. Application of the Eclectic Expedient

2.2. Statutory Rules of Interpretation: The Judgments (Basic Rules) Act, 1983

2.2.1. Interpretation of Statutory Provisions

2.2.2. Resort to the Qurʾān and the Ḥadīth

2.2.2.1. Recourse to the Textual Sources in the Event of a Lacuna

2.2.2.2. Textual Sources in Support of Judicial Practice

2.2.3. Judicial Ijtihād

2.2.4. Application of the Public Interest (Maṣlaḥa)

2.2.5. Application of Pre-1983 Sources of Law

2.2.5.1. Custom

2.2.5.2. Justice, Equity and Good Conscience

CHAPTER FOUR AN ASSESSMENT OF THE SUDANESE LEGAL EXPERIMENT

1. The Impact on the Uncodified Sharīʿa

1.1. Adapting the Sharīʿa to Modern Times

1.2. The Transition from Private Law to Public Law

1.3. Deviations from the Sharīʿa

2. Extending State Control of Public Morals

2.1. Jamʿiyyāt al-Amr biʾ1-Maʿrūf waʾl-Nahy ʿan al-Munkar

2.2. Penalties and Their Execution

2.2.1. Offenses Entailing Qurʾānic Punishments under Uncodified Sharīʿa

2.2.1.1. Illicit Intercourse and False Accusation of Illicit Intercourse

2.2.1.2. Wine Drinking

2.2.1.3. Theft and Highway Robbery

2.2.2. Other Offenses

2.2.2.1. The Prohibition on Ribā and Games of Hazard

2.2.2.2. Blasphemy and Disgraceful Behavior

3. The Impact on the Status of Women and Non-Muslims

3.1. Women

3.2. Non-Muslims.

4. The Judge as an Instrument for Implementing Islamist Laws

4.1. The Judges' Sharʿī Education

4.2. Expansion of the Judge's Discretion

4.3. Different Approaches to Islamist Laws within the Judiciary

4.4. Resort to Judicial Practice and Legislation in Arab and Western Countries

CHAPTER FIVE CONCLUSIONS AND EPILOGUE

1. Salient Features of the Sudanese Experiment in Reinstating Islamic Law

2. The Impact of the Islamist Legislation on Sudan's Society and Economy

3. Epilogue

Sources and Bibliography

Glossary of Arabic Legal and Technical Terms

Index

Studies in Islamic Law and Society.

Notes:

Description based on print version record.

Includes bibliographical references and index.

Other Format:

Print version: Layish, Aharon The Reinstatement of Islamic Law in Sudan under Numayrī

ISBN:

9789004491168

9004491163

OCLC:

1158815035

Publisher Number:

10.1163/9789004491168 DOI