In September 1983, presidentGaafar Nimeiry introduced Islamicsharia laws in Sudan, known asSeptember Laws (Arabic:قوانين سبتمبر,romanized: Qawānīn Sibtambir), disposing of alcohol and implementinghudud punishments such as public flogging for alcohol consumption andamputations for theft. Nimeiry declared himself the "imam of the Sudaneseumma", leading to concerns about the undemocratic implementation of these laws.Hassan al-Turabi (then theattorney general) assisted with drafting the laws and later supported the laws, unlike the leader of the oppositionSadiq al-Mahdi.
Nimeiry's alliance with theSudanese Muslim Brotherhood aimed to endsectarian divisions and consolidate Islamic governance. Despite Nimeiry's assertion that the sharia laws reduced crime rates, his economic policies, includingIslamic banking, led to severe economic issues in Sudan, including high inflation and substantialexternal debt. This led to his removal in1985, and the law was frozen during thetransition to democracy between 1985 and 1989.
Ultimately, Nimeiry's Islamic policies contributed to theSecond Sudanese Civil War in southern Sudan in 1983, ending theAddis Ababa Agreement of 1972, which had granted Southern Sudanregional autonomy and recognised the diversity of the Sudanese society. This shift towardsIslamic governance played a crucial role in Sudan's political landscape with multiple parties including theNational Islamic Front advocating forIslamic laws during theOmar al-Bashir era between 1989 and 2019.
As part of the terms fornational reconciliation in 1977 between presidentGaafar Nimeiry andSadiq al-Mahdi, the leader of theNational Front, a requirement was the reassessment of Sudanese legislation and a review of the1972 Addis Ababa Agreement, which had authorisedself-governance for the southern region.[1]
By 1977, a committee was working to alignSudanese laws with the sharia, and theMuslim Brotherhood, headed byHassan al-Turabi, a professor of constitutional law at theUniversity 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 thePeople's Assembly were met with resistance.[3]
In 1979, a longstanding dispute between theSudanese Muslim Brotherhood and the mainMuslim Brotherhood organisation re-emerged. At that time, al-Turabi, serving as theattorney 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. AlthoughYoussef 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 implemented an "Islamic approach" in Sudan, which aimed to end sectarian divisions, especially theal-Mirghani and al-Mahdi rivalry,[4] and consolidate Islamic governance.[5] His transition fromnationalist leftist ideologies to a stricter Islamic stance was documented in his booksThe Islamic approach, why? andThe Islamic approach, how? The link between the revival of Islam and his efforts to reconcile with opponents of the1976 coup attempt coincided with the emergence ofmilitant Islam in other global regions. In addition, Nimeiry's association with theAbu 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 toprohibition and implementinghudud punishments,[12] like publicamputations for theft and floggings for drinking alcohol.[13]Economic reforms to confirm with Islam were introduced in early 1984, removing interest and implementingzakat. Nimeiry proclaimed himself the "imam of the Sudaneseumma" 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 theUmma Party, was initially jailed for his opposition.[8] In addition, the state-wide declaration of sharia law alienated the predominantlyChristian andanimist south,[14] which exacerbated the conflict in the south to acivil 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 theBlue 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 bySudanese 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's1973 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 historianGabriel 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 anexternal debt ofUS$9 billion.[5][22]
The period from 1983 to 1985 brought severe drought anddesertification 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 theUnited States Agency for International Development.[23] However, the implementation of the September Laws andhudud punishment was not hindered by the famine.[24]
Three hundred Sudanese individuals underwent limb amputations as a penalty for stealing property valued at more thanUS$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 atKober prison.[2] In 1985, Hassan al-Turabi stated, "Ultimately you cannot do away with amputations because it is there in the book [Quran]."[26]
TheRepublican Brotherhood, established byMahmoud 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 criticisedWahhabism, opposed the enforcement of Islamic penal codes, and supported a federal social democratic governance system. Taha vehemently opposed the prohibition of theSudanese Communist Party, denouncing it as an undermining of democracy, despite not being affiliated with communism.[1] He was convicted ofapostasy in 1968 byIsmail 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]
To counter the south’s growing political power, on 5 June 1983, Nimeiry re-divided theSouthern Region into the three provinces ofBahr al Ghazal,Al Istiwai, andAali an Nil. He had already suspended theSouthern Regional Assembly nearly two years earlier. The southern-basedSudanese People's Liberation Movement (SPLM) and its military wing, theSudanese People's Liberation Army, which emerged in mid-1983, unsuccessfully opposed this re-division and called for the creation of a new united Sudan.[30]
Nimeiry's Islamic phase marked the end of theAddis Ababa Agreement of 1972, sparkingrenewed tensions in Southern Sudan in 1983. The initial agreement had providedregional 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 theMuslim Brotherhood and theAnsar 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 the1985 coup d'état, Sudan's political landscape transformed, giving rise to multiple political parties. TheNational Islamic Front (NIF), Ansar, andKhatmiyya 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 theOmar al-Bashir era between 1989 and 2019, after the1989 coup d'état.[31][32]
Sharia remained a source of legislation in the 15 states of the North. The1991 Sudanese Criminal Act,[33] in accordance with sharia, authorisedhudud punishments in the north.[34] The consumption ofalcohol was punishable by 40lashes for a Muslim and 20 lashes for a Christian.Islamic family jurisprudence applied to Muslims in Sudan, while certain Islamic law provisionsdiscriminated against women, especially regardinginheritance,marriage anddivorce. Women were instructed to dress modestly according to Islamic standards, including wearing a head covering which was enforced by thePublic 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 journalistLubna al-Hussein, were lashed for wearing jeans.[36] As reported in 2012, since 2005, numerous individuals have been convicted of adultery, facing penalties such asflogging 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 bestoned 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 orcross-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 inNorth 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 the2005 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 theAfrican Union Commission. Doebbler alleged that Sudan violated various provisions of theAfrican 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]
This article incorporates text from this source, which is in thepublic domain.{{cite encyclopedia}}: CS1 maint: postscript (link){{cite book}}: CS1 maint: location missing publisher (link) This article incorporates text from this source, which is in thepublic domain. This article incorporates text from this source, which is in thepublic 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)