September Laws (Sudan)
{{Short description|Sharia laws in Sudan}}
{{good article}}
{{Other uses|September Laws (disambiguation)}}
{{Use dmy dates|date=October 2023}}{{Use British English|date=October 2023}}
{{Multiple image
| image3 = Garang Deng Bol.jpg
| caption3 = Garang Deng Bol
| image1 = Abdul Rahman Ali.jpg
| caption1 = Abdul Rahman Ali
| image2 = Idris Al-Nur Koko.jpg
| caption2 = Idris Al-Nur Koko
| image4 = Al-Amin Kabashi.jpg
| caption4 = Al-Amin Kabashi
| footer = Images of some of the survivors of the September 1983 Laws after amputation according to Sharia law. The images were taken by {{Interlanguage link|Peter Anton von Arnim|de|Peter Anton von Arnim}} in 1986
| perrow = 2
| total_width = 300
| alt1 = shown is Abdul Rahman Ali, a young Sudanese dressed in a jalabiya, a traditional Sudanese white garment, sitting against a textured, warm-toned wall. Ali has a calm and contemplative expression, resting their left arm on their lap while their hand supports their face. Ali's right arm is amputated just below the elbow.
| alt2 = shown is Idris Al-Nur Koko, a young Sudanese wearing a white jalabiya, a traditional Sudanese garment. Koko is standing in front of a plain, textured wall with a calm but serious expression. Koko’s left arm is amputated just below the elbow, which they hold gently with their right hand.
| alt3 = Shown is Garang Deng Bol, a Sudanese adult man wearing a white jalabiya layered over a T-shirt, with the T-shirt collar visible at the neckline. Bol is also wearing a striped hat with light and dark bands. Bol has a warm yet slightly hesitant expression. Bol's right arm is amputated just below the elbow, and their left hand is resting on their chest.
| alt4 = shown is Al-Amin Kabashi, a Sudanese adult man dressed in a white jalabiya, a traditional Sudanese garment, with a white turban neatly wrapped around their head. Kabashi has a calm and thoughtful expression, and their right arm is amputated just below the elbow. Kabashi gently holds the amputated arm with their left hand.
}}
In September 1983, president Gaafar Nimeiry introduced Islamic sharia laws in Sudan, known as September Laws ({{Langx|ar|قوانين سبتمبر|translit=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 laws and later supported the laws, unlike the leader of the opposition Sadiq al-Mahdi.
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.
Ultimately, Nimeiry's Islamic policies contributed to the Second Sudanese Civil War in southern Sudan in 1983, ending the Addis Ababa Agreement of 1972, which had granted Southern Sudan regional autonomy and recognised the diversity of the Sudanese society. This shift towards Islamic governance played a crucial role in Sudan's political landscape with multiple parties including the National Islamic Front advocating for Islamic laws during the Omar al-Bashir era between 1989 and 2019.
Background
As part of the terms for national reconciliation in 1977 between president Gaafar Nimeiry and Sadiq al-Mahdi, the leader of the National Front, a requirement was the reassessment of Sudanese legislation and a review of the 1972 Addis Ababa Agreement, which had authorised self-governance for the southern region.{{Cite web |last=هدهود |first=محمود |date=2019-04-15 |title=تاريخ الحركة الإسلامية في السودان |url=https://www.ida2at.com/history-islamic-movement-sudan/ |access-date=2023-08-30 |website=إضاءات |language=ar |archive-date=28 August 2023 |archive-url=https://web.archive.org/web/20230828194009/https://www.ida2at.com/history-islamic-movement-sudan/ |url-status=dead }}
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, was gaining influence in university student political groups. The al-Turabi committee concluded that only 10% of the laws adhered to the sharia.{{Cite video |url=https://www.alarabiya.net/podcast/jamaat/2023/03/08/%D8%AA%D8%B7%D8%A8%D9%8A%D9%82-%D8%A7%D9%84%D8%B4%D8%B1%D9%8A%D8%B9%D9%87-%D8%A7%D9%84%D8%AC%D8%B2%D8%A1-%D8%A7%D9%84%D8%A7%D9%88%D9%84 |title=تطبيق الشريعة – الجزء الاول |date=2023-03-08 |last=al-Arabiya |language=ar |trans-title=Application of Sharia - Part One |access-date=20 October 2023 |archive-date=29 October 2023 |archive-url=https://web.archive.org/web/20231029085954/https://www.alarabiya.net/podcast/jamaat/2023/03/08/%D8%AA%D8%B7%D8%A8%D9%8A%D9%82-%D8%A7%D9%84%D8%B4%D8%B1%D9%8A%D8%B9%D9%87-%D8%A7%D9%84%D8%AC%D8%B2%D8%A1-%D8%A7%D9%84%D8%A7%D9%88%D9%84 |url-status=live }} However, legislative attempts to Islamise the law through the People's Assembly were met with resistance.
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,{{Cite encyclopedia |title=Popular Congress Party |encyclopedia=Sudan : a country study |publisher=Federal Research Division, Library of Congress |location=Washington, D.C. |url=https://www.loc.gov/rr/frd/cs/pdf/CS_Sudan.pdf |access-date=22 October 2023 |last=Shinn |first=David H. |date=2015 |editor-last=Berry |editor1-first=LaVerle |edition=5th |pages=254–256 |isbn=978-0-8444-0750-0 |archive-url=https://web.archive.org/web/20220207192820/https://www.loc.gov/rr/frd/cs/pdf/CS_Sudan.pdf |archive-date=7 February 2022 |postscript=. {{PD-notice}} |url-status=dead}} 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 {{Interlanguage link|Youssef Nour al-Daim|lt=Youssef Nour al-Daim|ar|الحبر يوسف نور الدائم}} 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".
Between 1977 and 1985, Nimeiry's implemented an "Islamic approach" in Sudan, which aimed to end sectarian divisions, especially the al-Mirghani and al-Mahdi rivalry,{{Cite web |date=1948-08-27 |title=Rivalry between the two Sayyids, al-Mirrghani and al-Mahdi |url=https://www.cia.gov/readingroom/docs/CIA-RDP82-00457R001800550005-1.pdf |website=CIA Library |access-date=15 November 2023 |archive-date=4 November 2023 |archive-url=https://web.archive.org/web/20231104112523/https://www.cia.gov/readingroom/docs/CIA-RDP82-00457R001800550005-1.pdf |url-status=live }} and consolidate Islamic governance. 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.
The law and its implications
File:Nimieri and Turabi 1982.jpg (left) switched from communism to sharia laws with Hasan Al-Turabi's (right) aid, after the 1977 National Reconciliation.|alt=This black-and-white photograph captures a formal interaction between two men in suits. On the left is President Gaafar Nimeiry, wearing glasses and a light-coloured suit paired with a patterned tie, holding a drink in his hand. On the right, Hasan Al-Turabi, in a slightly darker suit and striped tie, engages in conversation and holding a glass. Both individuals are facing each other, appearing deep in discussion. The background shows a simple interior with vertical panelling, and a partially obscured figure is visible in the centre, adding depth to the scene.]]
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. By September 1983, Nimeiry introduced sharia law in Sudan,{{Cite web |title=Sudan court sentences three men to hand amputation for stealing {{!}} Global development {{!}} The Guardian |url=https://www.theguardian.com/global-development/2023/feb/14/sudan-sentences-three-men-hand-amputation-stealing-theft |access-date=2023-10-20 |website=amp.theguardian.com |archive-date=9 October 2024 |archive-url=https://web.archive.org/web/20241009123805/https://amp.theguardian.com/global-development/2023/feb/14/sudan-sentences-three-men-hand-amputation-stealing-theft |url-status=live }} later known as the "September Laws".{{Cite web |title=September Laws |url=https://www.oxfordreference.com/display/10.1093/oi/authority.20110803100455281 |access-date=2024-11-13 |website=Oxford Reference |language=en }} 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.{{Cite news |title=أبرز المشكلات والأزمات السياسية التي مر بها السودان |language=ar |work=BBC News عربي |url=https://www.bbc.com/arabic/middleeast-65302906 |access-date=2023-10-20 |archive-date=29 October 2023 |archive-url=https://web.archive.org/web/20231029085954/https://www.bbc.com/arabic/middleeast-65302906 |url-status=live }}{{Cite web |date=2015-12-17 |title=بدرية الداعشية نصيرة الاستبداد .. بقلم: عصام جزولي |url=https://sudanile.com/%d8%a8%d8%af%d8%b1%d9%8a%d8%a9-%d8%a7%d9%84%d8%af%d8%a7%d8%b9%d8%b4%d9%8a%d8%a9-%d9%86%d8%b5%d9%8a%d8%b1%d8%a9-%d8%a7%d9%84%d8%a7%d8%b3%d8%aa%d8%a8%d8%af%d8%a7%d8%af-%d8%a8%d9%82%d9%84%d9%85/ |access-date=2023-10-22 |website=سودانايل |language=ar |archive-date=29 October 2023 |archive-url=https://web.archive.org/web/20231029085955/https://sudanile.com/%D8%A8%D8%AF%D8%B1%D9%8A%D8%A9-%D8%A7%D9%84%D8%AF%D8%A7%D8%B9%D8%B4%D9%8A%D8%A9-%D9%86%D8%B5%D9%8A%D8%B1%D8%A9-%D8%A7%D9%84%D8%A7%D8%B3%D8%AA%D8%A8%D8%AF%D8%A7%D8%AF-%D8%A8%D9%82%D9%84%D9%85/ |url-status=live }}{{Cite web |last= |first= |last2= |last3= |first3= |last4= |last5= |first5= |date=2014-02-12 |title=النار ولعت! – النيلين |url=https://www.alnilin.com/129832.htm |access-date=2023-10-22 |website=al-Nilin |language=ar |archive-date=9 October 2024 |archive-url=https://web.archive.org/web/20241009123733/https://www.alnilin.com/129832.htm |url-status=live }} The laws led to prohibition and implementing hudud punishments,{{Cite web |title=SUDAN |url=https://www.hrw.org/reports/1994/sudan/ |access-date=2023-11-25 |website=www.hrw.org |archive-date=5 October 2022 |archive-url=https://web.archive.org/web/20221005172932/https://www.hrw.org/reports/1994/sudan/ |url-status=live }} like public amputations for theft and floggings for drinking alcohol.{{Cite news |date=2013-02-27 |title=Sudan cuts off hand, foot of man convicted of robbery: activists |language=en |work=Reuters |url=https://www.reuters.com/article/us-sudan-amputation-idUSBRE91Q15L20130227 |access-date=2023-10-22 |archive-date=29 October 2023 |archive-url=https://web.archive.org/web/20231029085954/https://www.reuters.com/article/us-sudan-amputation-idUSBRE91Q15L20130227 |url-status=live }} 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.{{Cite journal |last=Warburg |first=Gabriel R. |date=1990 |title=The Sharia in Sudan: Implementation and Repercussions, 1983-1989 |url=https://www.jstor.org/stable/4328194 |url-status=live |journal=Middle East Journal |volume=44 |issue=4 |pages=624–637 |issn=0026-3141 |jstor=4328194 |archive-url=https://web.archive.org/web/20221213030201/https://www.jstor.org/stable/4328194 |archive-date=2022-12-13 |access-date=2023-07-21}}
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. 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.{{Cite journal |last=Fluehr-Lobban |first=Carolyn |date=1990 |title=Islamization in Sudan: A Critical Assessment |url=https://www.jstor.org/stable/4328193 |journal=Middle East Journal |volume=44 |issue=4 |pages=610–623 |issn=0026-3141 |jstor=4328193 |access-date=16 October 2023 |archive-date=27 February 2023 |archive-url=https://web.archive.org/web/20230227181754/https://www.jstor.org/stable/4328193 |url-status=live }} In addition, the state-wide declaration of sharia law alienated the predominantly Christian and animist south,{{Cite book |last=Meredith |first=Martin |url=https://www.worldcat.org/oclc/58791298 |title=The fate of Africa : from the hopes of freedom to the heart of despair : a history of fifty years of independence |date=2005 |publisher=Public Affairs |isbn=1-58648-246-7 |edition=1st |location=New York |pages=357 |oclc=58791298 |access-date=5 September 2024 |archive-date=9 October 2024 |archive-url=https://web.archive.org/web/20241009123316/https://search.worldcat.org/title/58791298 |url-status=live }} 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.{{cite book |author=John E. Jessup |url=https://books.google.com/books?id=hP7jJAkTd9MC&pg=PA531 |title=An Encyclopedic Dictionary of Conflict and Conflict Resolution, 1945-1996 |publisher=Greenwood Publishing Group |year=1998 |isbn=9780313281129 |pages=530–531 |access-date=5 September 2024 |archive-date=9 October 2024 |archive-url=https://web.archive.org/web/20241009123430/https://books.google.com/books?id=hP7jJAkTd9MC&pg=PA531 |url-status=live }}
To show his dedication to sharia, Nimeiry banned "European dancing" and ordered all alcoholic beverages in Khartoum spectacularly dumped into the Blue Nile.{{Cite journal |last1=Deckert |first1=Roman |last2=Joerin |first2=Julia |date=2015 |title=Der Grexit von Khartum |journal=Zenith |language=de |volume=4}}{{Cite news |last=Ap |date=1983-09-25 |title=Alcohol Is Dumped in Nile |url=https://www.nytimes.com/1983/09/25/world/alcohol-is-dumped-in-nile.html |access-date=2022-12-13 |work=The New York Times |language=en-US |issn=0362-4331 |archive-date=25 October 2023 |archive-url=https://web.archive.org/web/20231025103618/https://www.nytimes.com/1983/09/25/world/alcohol-is-dumped-in-nile.html |url-status=live }} In total, {{Currency|11|usd}} million worth of alcohol was dumped. 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.{{Cite book |last=Chaldeos |first=Antonis |title=The Greek community in Sudan (19th-21st cen.) |year=2017 |isbn=978-618-82334-5-4 |location=Athens |pages=138–158}} Since then, the purveying, consumption, and purchasing of alcohol have been banned in Sudan, with the penalty for violating the prohibition being 40 lashes.{{cite web |last=Fleming |first=Lucy |date=April 29, 2010 |title=Sudan's date-gin brewers thrive despite Sharia |url=http://news.bbc.co.uk/2/hi/africa/8638670.stm |access-date=July 7, 2016 |website=BBC News |archive-date=16 May 2020 |archive-url=https://web.archive.org/web/20200516030925/http://news.bbc.co.uk/1/hi/world/africa/8638670.stm |url-status=live }}
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.{{Cite web |last=al-Faisal |first=Babkir |date=2021-11-03 |title=حلقة التكفير الشريرة {{!}} الحرة |url=https://www.alhurra.com/different-angle/2021/02/03/%D8%AD%D9%84%D9%82%D8%A9-%D8%A7%D9%84%D8%AA%D9%83%D9%81%D9%8A%D8%B1-%D8%A7%D9%84%D8%B4%D8%B1%D9%8A%D8%B1%D8%A9 |access-date=2023-10-20 |website=www.alhurra.com |language=ar |archive-date=29 October 2023 |archive-url=https://web.archive.org/web/20231029085954/https://www.alhurra.com/different-angle/2021/02/03/%D8%AD%D9%84%D9%82%D8%A9-%D8%A7%D9%84%D8%AA%D9%83%D9%81%D9%8A%D8%B1-%D8%A7%D9%84%D8%B4%D8%B1%D9%8A%D8%B1%D8%A9 |url-status=live }} In 1984, Nimeiry articulated his vision of establishing an Islamic state in Sudan at an Islamic conference. 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.{{Cite journal |last=Shaib |first=Abdelkhalig |date=2020-12-15 |title=ثُنائيَّة الدّين والدّولة في السودان: هل فَكَّت اتفاقيات جوبا وأديس أبابا طَلاَسِم هذه العلاقة؟ |url=https://www.arab-reform.net/ar/publication/%d8%ab%d9%8f%d9%86%d8%a7%d8%a6%d9%8a%d9%91%d9%8e%d8%a9-%d8%a7%d9%84%d8%af%d9%91%d9%8a%d9%86-%d9%88%d8%a7%d9%84%d8%af%d9%91%d9%88%d9%84%d8%a9-%d9%81%d9%8a-%d8%a7%d9%84%d8%b3%d9%88%d8%af%d8%a7%d9%86/ |journal=Arab Reform Initiative |language=ar |access-date=20 October 2023 |archive-date=29 October 2023 |archive-url=https://web.archive.org/web/20231029085958/https://www.arab-reform.net/ar/publication/%D8%AB%D9%8F%D9%86%D8%A7%D8%A6%D9%8A%D9%91%D9%8E%D8%A9-%D8%A7%D9%84%D8%AF%D9%91%D9%8A%D9%86-%D9%88%D8%A7%D9%84%D8%AF%D9%91%D9%88%D9%84%D8%A9-%D9%81%D9%8A-%D8%A7%D9%84%D8%B3%D9%88%D8%AF%D8%A7%D9%86/ |url-status=live }} Nimeiry's affiliation with the Abu Qurun Sufi order influenced his belief in being the sole authority to interpret laws based on sharia principles.
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. 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 {{Currency|9|usd}} billion.{{Cite web |last=Metz |first=Helen Chapin |date=1992-12-10 |title=Sudan, a country study |url=https://apps.dtic.mil/sti/tr/pdf/ADA258661.pdf |url-status=live |archive-url=https://web.archive.org/web/20220207192820/https://www.loc.gov/rr/frd/cs/pdf/CS_Sudan.pdf |archive-date=2022-02-07 |website=Federal Research Division, Library of Congress |page=49}}
= Amputation =
{{Multiple image
| total_width = 300
| image1 = Adam Ismaeel 1986.jpg
| image2 = Ibrahim Osman 1986.jpg
| footer = Cross amputation survivors, Adam Ismaeel (left) and Ibrahim Osman (right), in 1986
| alt1 = The photograph features Adam Ismaeel seated on an Anqarib, a traditional Sudanese bed made of ropes, placed outdoors against a textured, warm-toned wall. They are dressed in a traditional white jalabiya, a loose-fitting Sudanese garment, and wearing a sandal on their left foot. The person's left hand is amputated, and they are seated in a relaxed yet composed posture, with their right arm resting on their knee. A cane or crutch is visible on the left side of the image, suggesting its use as a mobility aid.
| alt2 = The photograph features an individual seated outdoors on grassy ground. They are dressed in a light-coloured button-up shirt and grey trousers, with black shoes on their left foot. Their right leg is amputated, with a cast covering the remaining portion, and a prosthetic limb is positioned upright on the ground beside them. Additionally, their left hand is amputated.
}}
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.{{Cite web |title=Sudan - Drought/Famine |url=https://pdf.usaid.gov/pdf_docs/pbaab327.pdf |website=USAID |access-date=22 October 2023 |archive-date=29 October 2023 |archive-url=https://web.archive.org/web/20231029085955/https://pdf.usaid.gov/pdf_docs/pbaab327.pdf |url-status=dead }} However, the implementation of the September Laws and hudud punishment was not hindered by the famine.{{Cite journal |last=Khogali |first=Mustafa M. |date=1991 |title=Famine, Desertification and Vulnerable Populations: The Case of Umm Ruwaba District, Kordofan Region, Sudan |url=https://www.jstor.org/stable/4313823 |journal=Ambio |volume=20 |issue=5 |pages=204–206 |jstor=4313823 |issn=0044-7447 |access-date=22 October 2023 |archive-date=3 November 2023 |archive-url=https://web.archive.org/web/20231103085900/https://www.jstor.org/stable/4313823 |url-status=live }}
Three hundred Sudanese individuals underwent limb amputations as a penalty for stealing property valued at more than {{Currency|40|usd}}. 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.{{Cite web |last=Rule |first=Sheila |date=1986-07-16 |title=LIFE OF SHAME OF AMPUTEES IN THE SUDAN |url=https://www.nytimes.com/1986/06/16/world/life-of-shame-of-amputees-in-the-sudan.html |website=New York Times |access-date=20 October 2023 |archive-date=22 October 2023 |archive-url=https://web.archive.org/web/20231022155649/https://www.nytimes.com/1986/06/16/world/life-of-shame-of-amputees-in-the-sudan.html |url-status=live }}{{Cite news |last=Dickey |first=Christopher |date=1985-04-22 |title=Sudan's Harsh Law |language=en-US |newspaper=Washington Post |url=https://www.washingtonpost.com/archive/politics/1985/04/22/sudans-harsh-law/bfcaf39b-6dcd-4b95-aa18-6a92302df98f/ |access-date=2023-11-25 |issn=0190-8286}}
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.
Sudanese historian al-Mahbob Abdul Salam recounts that Hassan al-Turabi lost consciousness while witnessing an amputation at Kober prison. In 1985, Hassan al-Turabi stated, "Ultimately you cannot do away with amputations because it is there in the book [Quran]."
= Execution of Mahmoud Muhammad Taha =
File:MahmoudMohammedTahaImage.jpg was executed in 1985 for apostasy and sedition under the September Law|alt=This is a black-and-white portrait of Mahmoud Mohammed Taha wearing a traditional Sudanese turban wrapped neatly around their head. Taha has a calm and serious expression, with a direct gaze at the camera. Taha is dressed in a simple white garment, which blends seamlessly with the soft, light-toned background.]]
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. He was convicted of apostasy in 1968 by Ismail al-Azhari's government and faced a similar sentence again in 1984.
Taha was executed on 18 January 1985 under the September Laws.{{Cite web |title=Ustadh Mohamed Taha: 12 years after his execution |url=https://www.alfikra.org/article_page_view_e.php?article_id=1017&page_id=1 |access-date=2023-10-22 |website=Sudan Human Rights Organization |archive-date=29 October 2023 |archive-url=https://web.archive.org/web/20231029085956/https://www.alfikra.org/article_page_view_e.php?article_id=1017&page_id=1 |url-status=live }}{{Cite journal |last=O'Sullivan |first=D. |date=September 2001 |title=The Death Sentence for Mahmoud Muhammad Taha: Misuse of the Sudanese Legal System and Islamic Shari'a law? |url=http://www.tandfonline.com/doi/abs/10.1080/714003729 |journal=The International Journal of Human Rights |language=en |volume=5 |issue=3 |pages=45–70 |doi=10.1080/714003729 |s2cid=144481416 |issn=1364-2987 |access-date=22 October 2023 |archive-date=29 October 2023 |archive-url=https://web.archive.org/web/20231029090010/https://www.tandfonline.com/doi/abs/10.1080/714003729 |url-status=live |url-access=subscription }} 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.{{Cite magazine |last=Packer |first=George |date=2006-09-03 |title=The Moderate Martyr |language=en-US |magazine=The New Yorker |url=https://www.newyorker.com/magazine/2006/09/11/the-moderate-martyr |access-date=2023-10-22 |issn=0028-792X |archive-date=1 June 2024 |archive-url=https://web.archive.org/web/20240601114339/https://www.newyorker.com/magazine/2006/09/11/the-moderate-martyr |url-status=live }}
= Southern Sudan =
{{Main|Second Sudanese Civil War}}
To counter the south’s growing political power, on 5 June 1983, Nimeiry re-divided the Southern Region into the three provinces of Bahr al Ghazal, Al Istiwai, and Aali an Nil. He had already suspended the Southern Regional Assembly nearly two years earlier. The southern-based Sudanese People's Liberation Movement (SPLM) and its military wing, the Sudanese People's Liberation Army, which emerged in mid-1983, unsuccessfully opposed this re-division and called for the creation of a new united Sudan.{{Cite web |title=Sudan - National Reconciliation |url=https://countrystudies.us/sudan/26.htm |access-date=2023-08-28 |website=countrystudies.us |archive-date=29 May 2023 |archive-url=https://web.archive.org/web/20230529153009/https://countrystudies.us/sudan/26.htm |url-status=live }}{{PD-notice}}
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.
In the south, the September Laws were bitterly resented both by secularised Muslims and by the predominantly non-Muslim southerners, as Christians faced sharia punishment, including 8, who were hanged. 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.
Aftermath
{{Further information|Sharia law in Sudan|Islamism in Sudan#Kizan Era (1989–1999)| Capital punishment in Sudan}}
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.
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.{{Cite web |last=Belay |first=Netsanet |date=2013-03-16 |title=Opinion: Sudan must end 'cruel' amputation punishment |url=https://edition.cnn.com/2013/03/16/opinion/opinion-amnesty-international-sudan-amputations/index.html |access-date=2023-10-22 |website=CNN |language=en |archive-date=9 October 2024 |archive-url=https://web.archive.org/web/20241009123425/https://www.cnn.com/2013/03/16/opinion/opinion-amnesty-international-sudan-amputations/index.html |url-status=live }}{{Cite news |last=Salih |first=Zeinab Mohammed |date=2023-02-14 |title=Sudan court sentences three men to hand amputation for stealing |language=en-GB |work=The Guardian |url=https://www.theguardian.com/global-development/2023/feb/14/sudan-sentences-three-men-hand-amputation-stealing-theft |access-date=2023-10-22 |issn=0261-3077 |archive-date=9 October 2024 |archive-url=https://web.archive.org/web/20241009123426/https://www.theguardian.com/global-development/2023/feb/14/sudan-sentences-three-men-hand-amputation-stealing-theft |url-status=live }}
{{Multiple image
| image1 = Omar al-Bashir 1990.jpg
| image2 = HassanAlTurabi Feb2015 RomanDeckert.jpg
| total_width = 300
| footer = Omar al-Bashir came after the 1989 coup d'état that was orchestrated by al-Turabi. They re-introduced sharia laws through the 1991 Sudanese Criminal Act
| alt1 = This is a coloured photograph of President Omar al-Bashir in 1990 in military attire, wearing a green uniform adorned with insignias, ribbons, and rank decorations. He is also wearing a maroon beret with an emblem at the centre. The individual has a composed yet stern expression, with a mustache and a focused gaze slightly off-camera. In the background, another person in a similar green uniform is partially visible, contributing to the formal and official atmosphere of the scene.
| alt2 = This photograph features the late Hassan al-Turabi with a warm smile and a neatly groomed beard, wearing a white turban and traditional Sudanese attire. He is also wearing glasses, which frame his cheerful and kind expression. The background shows part of a golden, ornate chair with striped upholstery, adding a touch of elegance to the setting.
}}
Sharia remained a source of legislation in the 15 states of the North. The 1991 Sudanese Criminal Act,{{Cite web |date=1991-01-31 |title=Sudan Criminal Code of 1991 |url=https://ihl-databases.icrc.org/en/national-practice/criminal-code-1991 |access-date=2023-11-25 |website=ICRC |archive-date=25 November 2023 |archive-url=https://web.archive.org/web/20231125112820/https://ihl-databases.icrc.org/en/national-practice/criminal-code-1991 |url-status=live }} in accordance with sharia, authorised hudud punishments in the north.{{Cite web |title=Sudan begins implementation of Muslim Sharia law - UPI Archives |url=https://www.upi.com/Archives/1991/03/24/Sudan-begins-implementation-of-Muslim-Sharia-law/3223669790800/ |access-date=2023-11-25 |website=UPI |language=en}} 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.{{Cite encyclopedia |title=The Legal System |encyclopedia=Sudan: a country study |publisher=Federal Research Division, Library of Congress |location=Washington, D.C. |url=https://www.loc.gov/rr/frd/cs/pdf/CS_Sudan.pdf |last=Shinn |first=David H. |date=2015 |editor-last=Berry |editor1-first=LaVerle |edition=5th |pages=244–251 |isbn=978-0-8444-0750-0 |postscript=. {{PD-notice}} 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. |access-date=22 October 2023 |archive-date=7 February 2022 |archive-url=https://web.archive.org/web/20220207192820/https://www.loc.gov/rr/frd/cs/pdf/CS_Sudan.pdf |url-status=live }}
For example, in 2009 a group of women, excluding journalist Lubna al-Hussein, were lashed for wearing jeans.{{Cite web |date=2009-07-14 |title=جلد فتيات سودانيات بسبب البنطلون |url=https://www.bbc.com/arabic/tvandradio/2009/07/090714_lubna |access-date=2023-10-29 |website=BBC News عربي |language=ar |archive-date=9 October 2024 |archive-url=https://web.archive.org/web/20241009123730/https://www.bbc.com/arabic/tvandradio/2009/07/090714_lubna |url-status=live }} 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. In 2022, a woman was due to be stoned for adultery{{Cite news |date=2022-10-26 |title=Sudan: 'No-one to intervene' for woman sentenced to stoning |language=en-GB |work=BBC News |url=https://www.bbc.com/news/world-africa-63383361 |access-date=2023-10-22 |archive-date=9 October 2024 |archive-url=https://web.archive.org/web/20241009123847/https://www.bbc.com/news/world-africa-63383361 |url-status=live }} before being jailed for 6 months.{{Cite news |date=2022-12-15 |title=Sudanese woman jailed for kissing man |language=en-GB |work=BBC News |url=https://www.bbc.com/news/world-africa-63991855 |access-date=2023-10-22 |archive-date=29 October 2023 |archive-url=https://web.archive.org/web/20231029085954/https://www.bbc.com/news/world-africa-63991855 |url-status=live }}
In 2013, According to Deputy Chief Justice Abdul Rahman Sharfi, since 2001, 16 people were amputated or cross-amputated. In 1991,{{Cite web |last= |title=Sudan: Amputation sentences: Adam Mohamed Adam, Hussein Abdul Karim |url=https://www.amnesty.org/es/wp-content/uploads/2021/06/afr540151991en.pdf |website=Amnesty International |access-date=25 November 2023 |archive-date=25 November 2023 |archive-url=https://web.archive.org/web/20231125114015/https://www.amnesty.org/es/wp-content/uploads/2021/06/afr540151991en.pdf |url-status=live }} 2013, 2015,{{Cite web |last=acjps |title=Sudanese man sentenced to cross amputation for committing armed robbery – African Centre for Justice and Peace Studies |url=https://www.acjps.org/sudanese-man-sentenced-to-cross-amputation-for-committing-armed-robbery/ |access-date=2023-11-25 |language=en-US |archive-date=11 August 2023 |archive-url=https://web.archive.org/web/20230811145104/https://www.acjps.org/sudanese-man-sentenced-to-cross-amputation-for-committing-armed-robbery/ |url-status=live }} 2021, and 2023, there were documented cases of men being sentenced to hand amputation for theft. In 2013, three men were sentenced to amputation for stealing cooking oil in North Darfur under article 173 of the 1991 Sudanese Criminal code,{{Cite web |last=SudanTribune |date=2013-04-06 |title=Darfur court sentences 3 men to amputation for cooking oil theft |url=https://sudantribune.com/article45272/ |access-date=2023-11-25 |website=Sudan Tribune |language=en-US |archive-date=9 October 2024 |archive-url=https://web.archive.org/web/20241009123430/https://sudantribune.com/article45272/ |url-status=live }} but the sentence was later overturned.{{Cite web |title=Three men sentenced to amputation following unfair trial in Darfur – African Centre for Justice and Peace Studies |url=https://www.acjps.org/three-men-sentenced-to-amputation-following-unfair-trial-in-darfur/ |url-status=dead |archive-url=https://web.archive.org/web/20231125113028/https://www.acjps.org/three-men-sentenced-to-amputation-following-unfair-trial-in-darfur/ |archive-date=25 November 2023 |access-date=2023-11-25 |language=en-US}} On 14 February 2013, a man's right hand and foot were amputated at al-Ribat Hospital after he was convicted with armed robbery,{{Cite web |last=AFP |date=2013-02-27 |title=Sudan man's foot, hand 'amputated' by court order |url=https://www.modernghana.com/news/448675/sudan-mans-foot-hand-amputated-by-court-order.html |website=Modern Ghana |access-date=25 November 2023 |archive-date=25 November 2023 |archive-url=https://web.archive.org/web/20231125092030/https://www.modernghana.com/amp/news/448675/sudan-mans-foot-hand-amputated-by-court-order.html |url-status=live }}{{Cite web |last=Dabanga |date=2013-02-28 |title=Sudanese Doctors Union condemn reintroduction of cutting hand and foot |url=https://www.dabangasudan.org/en/all-news/article/sudanese-doctors-union-condemn-reintroduction-of-cutting-hand-and-foot |access-date=2023-11-25 |website=Dabanga Radio TV Online |language=en-GB |archive-date=25 November 2023 |archive-url=https://web.archive.org/web/20231125112820/https://www.dabangasudan.org/en/all-news/article/sudanese-doctors-union-condemn-reintroduction-of-cutting-hand-and-foot |url-status=live }} known as "Hirabah" in article 167 of the 1991 Sudanese Criminal Act.{{Cite web |date=2013-02-27 |title=Sudan: Doctors Perform Amputations for Courts {{!}} Human Rights Watch |url=https://www.hrw.org/news/2013/02/27/sudan-doctors-perform-amputations-courts |access-date=2023-11-25 |language=en |archive-date=25 November 2023 |archive-url=https://web.archive.org/web/20231125105930/https://www.hrw.org/news/2013/02/27/sudan-doctors-perform-amputations-courts |url-status=live }} A similar cross-amputation sentence was issued and enforced in 2021.
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.
{{Anchor|Curtis Francis Doebbler v. Sudan}}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, 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.{{Cite web |title=University of Minnesota Human Rights Library |url=http://hrlibrary.umn.edu/africa/comcases/236-2000.html |access-date=2023-11-25 |website=hrlibrary.umn.edu |archive-date=9 October 2024 |archive-url=https://web.archive.org/web/20241009123348/http://hrlibrary.umn.edu/africa/comcases/236-2000.html |url-status=live }} 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.
Further reading
{{Commons}}
- {{Cite journal |last=Warburg |first=Gabriel R. |date=1990 |title=The Sharia in Sudan: Implementation and Repercussions, 1983-1989 |url=https://www.jstor.org/stable/pdf/4328194.pdf |journal=Middle East Journal |volume=44 |issue=4 |pages=624–637 |issn=0026-3141 |jstor=4328194}}
- {{Cite book |last=Warburg |first=Gabriel |url=https://books.google.com/books?id=BiGPWGvlnpIC&dq=%22September+1983+Laws%22+-wikipedia&pg=PA192 |title=Islam, Sectarianism and Politics in Sudan Since the Mahdiyya |date=2003 |publisher=Hurst & Company |isbn=978-1-85065-588-6 |language=en}}
- {{Cite book |last1=Layish |first1=Aharon |title=The Reinstatement of Islamic Law in Sudan under Numayrī |date=2002-01-01 |url=https://brill.com/display/book/9789004491168/B9789004491168_s006.xml |pages=1–69 |access-date= |chapter-url=https://doi.org/10.1163/9789004491168_006 |publisher=Brill |language=en |chapter=Background to Islamization |doi=10.1163/9789004491168 |isbn=978-90-04-49116-8 |last2=Warburg |first2=Gabriel R.}}
- {{Cite web |date=1991-01-31 |title=Sudan Criminal Act 1991 |url=https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/80450/118284/F-1325877900/SDN80450%20Eng.pdf |access-date= |website=International Committee of the Red Cross}}
- {{Citation |last=Kamali |first=Mohammad Hashim |title=Shariah Punishments in Republic of Sudan |date=2019-07-18 |url=https://doi.org/10.1093/oso/9780190910648.003.0031 |work=Crime and Punishment in Islamic Law |pages=315–320 |publisher=Oxford University Press |doi=10.1093/oso/9780190910648.003.0031|isbn=978-0-19-091064-8 |url-access=subscription }}
References
{{Reflist}}
External links
- {{Cite AV media |url=https://www.youtube.com/watch?v=vNmI7Dym66Q |title=Pouring of alcohol in the Nile |date=1983-09-23}}
{{Sudan topics}}
Category:Second Sudanese Civil War