Title: Constitutionalism and Islamization in the Sudan
Abstract: In view of the dominant political and cultural role of Islam in the Sudan, where Muslims constitute about 70% of the population, analysis and assessment of the country's experience and prospects with constitutionalism must take into account certain Islamic principles. In particular, the precise implications of the application of Shari'a, the historical religious law of Islam, need to be identified and appreciated. The application of Shari'a raises a wide range of political, social and economic issues which cannot be discussed in this limited space. Some appreciation of the significance of these issues, however, may be achieved through the discussion of the likely impact of Shari'a on the constitutional rights of all Sudanese, male and female, Muslims and non-Muslims. To place the issues in context, I will start with a brief review of the concepts of constitutionalism and the rule of law. Aspects of the previous Sudanese practice of these concepts will then be highlighted before turning to consider the country's experience with the application of Shari'a in 1983-84. I will then discuss some principles of Shari'a relevant to constitutionalism in order to see the likely consequences if Shari'a is to prevail in the Sudan; and conclude with a plea for national consensus and outline one way in which this may be achieved. To avoid giving good cause for misunderstanding of my position, I wish to preface the following discussion with a brief statement of my general thesis. It is my conviction, on the one hand, that Islam itself is capable of sustaining a modern constitutional state where all citizens enjoy equal rights, without discrimination on grounds of race, color, sex, language, religion, or politics. I am equally convinced, on the other hand, that the prevailing view of Islamic Shari'a law, as developed by early Muslim jurists, is fundamentally inconsistent with modern notions of constitutionalism and the rule of law. The following criticism of Shari'a should therefore be seen as part of a plea for Islamic law reform in the best interest of Islam itself as well as the interest of my own country, the Sudan. As will be explained below, and contrary to common belief and usage, I maintain a distinction between Shari'a and the sources of that law, mainly
Publication Year: 1988
Publication Date: 1988-01-01
Language: en
Type: article
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