The Codification Of Islamic Criminal Law In The Sudan

In The Codification of Islamic Criminal Law in the Sudan, Olaf Köndgen offers an in-depth analysis of Islamic criminal law in the Sudan through the penal codes of 1983 and 1991; he examines their application and interpretations in the case law of the Sudan’s Supreme Court.

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.

Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.

This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.

Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society.

Annotation. In 2000 and 2001, twelve northern states of the Federal Republic of Nigeria introduced Islamic criminal law as one of a number of measures aiming at "reintroducing the shari'a." Immediately after its adoption, defendants were sentenced to death by stoning or to amputation of the hand. Apart from a few well publicised trials, however, the number and nature of cases tried under Islamic criminal law are little known. Based on a sample of trials, the present thesis discusses the introduction of Islamic criminal law and the evolution of judicial practice within the regions historical, cultural, political and religious context. The introduction of Islamic criminal law was initiated by politicians and supported by Muslim reform groups, but its potential effects were soon mitigated on higher judicial levels and aspects of the law were contained by local administrators. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789056296551.

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

No legal system in the world has aroused as much public interest as Sharia. However, the discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. Less attention has been given to studying the consequences of its operation, particularly in the area of Islamic criminal law. Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice. It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today. The empirical evidence adduced more broadly demonstrates the complications of applying traditional Sharia in a modern state.