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Circulars of the Sharī'a Courts in the Sudan (Manshūrāt el-Mahākim el-Sharī'a fi Sūdān) 1902–1979

Published online by Cambridge University Press:  28 July 2009

Carolyn Fluehr-Lobban
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Extract

An excellent documentation of the twentieth century history of the Sharī'a in Sudan is contained within the Judicial Circulars which have been issued from the office of the Grand Qadi from 1902–1979. During the colonial period and in the post-independence period the Circulars provided a unique means for modifying the adapting Sharī'a law in the Sudan, drawing on opinions of the Hanafī and Mālikī schools of juristic interpretation.

These Circulars and Memoranda are, in fact, basic to an understanding of the practice and application of the Sharī'a law in the Sudan. It is with these Circulars that I began my study of Sharī'a law and it is because of their importance that they were translated for my own work and in the hope that they may shortly be offered to students of the law of the Sudan who lack proficiency in the Arabic language.

Type
Articles
Information
Journal of African Law , Volume 27 , Issue 2 , Autumn 1983 , pp. 79 - 140
Copyright
Copyright © School of Oriental and African Studies 1983

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References

** Formerly of the Department of Anthropology, University of Khartoum.

1 Anderson, J. N. D., Islamic Law In Africa, 1955 (Reprint 1970), 313Google Scholar.

2 Ibid.

3 “Modernisation” is taken to mean development(s) spawned by contact with western society which influence change in reaction to it.

4 Anderson, op. cit., 314.

5 Anderson, op. cit., 319; Coulson, N. J., Succession in the Muslim Family, 1971, 255Google Scholar.

6 Anderson op. cit., 315.

7 Muddathir, Sheikh Hassan, “A memorandum for the enactment of a Sudanese Constitution devised from the Principles of Islam”, Sudan Pamphlets, No. 115, 1956, 1Google Scholar.

8 A waqf (plural awqāf) is a specialised concept in Islamic law which allows a donor to make a charitable bequest to relations (waqf al-ahlī), or to a public concern, a hospital, the poor or a mosque, for example (waqf al-khayīra).

9 Farran, C. D'Olivier, Matrimonial Law of the Sudan, 1963, 39Google Scholar.

10 Fluehr-Lobban, Carolyn, “Shari'a law in the Sudan: History and Trends since Independence”, Africa Today, 1981, 74Google Scholar.

11 Fluehr-Lobban, Carolyn, “Agitation for Change in the Sudan” in Schlegel, A. (ed.), Sexual Stratification, 1977, 140Google Scholar.

12 Interview with el-Gizouli, Sheikh, 25 10, 1979Google Scholar.

13 Interview with el-Naiem, A. A., 22 02, 1982Google Scholar.