September Laws (Sudan)

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. 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, However, legislative attempts to Islamise the law through the People's Assembly were met with resistance. 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 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". 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 ==

(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. later known as the "September Laws". The laws led to prohibition and implementing hudud punishments, like public amputations for theft and floggings for drinking alcohol. 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. 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. In addition, the state-wide declaration of sharia law alienated the predominantly Christian and animist south, 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. To show his dedication to sharia, Nimeiry banned "European dancing" In total, million worth of alcohol was dumped. Since then, the purveying, consumption, and purchasing of alcohol have been banned in Sudan, with the penalty for violating the prohibition being 40 lashes. 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. In 1984, Nimeiry articulated his vision of establishing an Islamic state in Sudan at an Islamic conference. Nimeiry's affiliation with the Abu Qurun Sufi order influenced his belief in being the sole authority to interpret laws based on sharia principles. Amputation 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. However, the implementation of the September Laws and hudud punishment was not hindered by the famine. Three hundred Sudanese individuals underwent limb amputations as a penalty for stealing property valued at more than . 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. 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. 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. 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 ==

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. Sharia remained a source of legislation in the 15 states of the North. The 1991 Sudanese Criminal Act, in accordance with sharia, authorised hudud punishments in the north. 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. For example, in 2009 a group of women, excluding journalist Lubna al-Hussein, were lashed for wearing jeans. 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. before being jailed for 6 months. In 2013, According to Deputy Chief Justice Abdul Rahman Sharfi, since 2001, 16 people were amputated or cross-amputated. 2013, 2021, On 14 February 2013, a man's right hand and foot were amputated at al-Ribat Hospital after he was convicted with armed robbery, known as "Hirabah" in article 167 of the 1991 Sudanese Criminal Act. A similar cross-amputation sentence was issued and enforced in 2021. 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 ==