
Published online:
20 April 2015
Published in print:
16 February 2012
Online ISBN:
9780190259921
Print ISBN:
9780199759880
Contents
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I. Introduction I. Introduction
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II. Overview: The Role of Sharī ‘ah in Post-Colonial Constitutional Settings until 2005 II. Overview: The Role of Sharī ‘ah in Post-Colonial Constitutional Settings until 2005
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A. The Constitutional Setting at the Eve of Independence A. The Constitutional Setting at the Eve of Independence
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B. The Constitutional Cycles Between Independence and 2005 B. The Constitutional Cycles Between Independence and 2005
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III. The Accommodation of Sharī‘ah and Human Rights in the Interim Constitution of Sudan III. The Accommodation of Sharī‘ah and Human Rights in the Interim Constitution of Sudan
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A. The Structure of the Interim National Constitution of 2005 A. The Structure of the Interim National Constitution of 2005
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1. A State on Probation 1. A State on Probation
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2. The Federal Structure 2. The Federal Structure
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3. The First Asymmetry: 3. The First Asymmetry:
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4. The Second Asymmetry: 4. The Second Asymmetry:
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B. The Accommodation of Sharī‘ah Law in the Constitutional Setting B. The Accommodation of Sharī‘ah Law in the Constitutional Setting
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1. Accommodation through Vertical Separation of Power 1. Accommodation through Vertical Separation of Power
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2. Accommodation through Different Sets of National Law 2. Accommodation through Different Sets of National Law
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3. Accommodation through a Dual System 3. Accommodation through a Dual System
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C. The Accommodation of Human Rights in the Constitutional Setting C. The Accommodation of Human Rights in the Constitutional Setting
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IV. Constitutional Practice in Sudan IV. Constitutional Practice in Sudan
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V. Conclusion and Outlook V. Conclusion and Outlook
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Chapter
5.3 Quo Vadis Sudan? Sharī‘ah and Human Rights after the Secession of South Sudan
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Pages
535–552
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Published:February 2012
Cite
Böckenförde, Markus, 'Quo Vadis Sudan? Sharī‘ah and Human Rights after the Secession of South Sudan', Constitutionalism in Islamic Countries: Between Upheaval and Continuity (New York , 2012; online edn, Oxford Academic, 20 Apr. 2015), https://doi.org/10.1093/acprof:osobl/9780199759880.003.0029, accessed 17 May 2025.
Abstract
This chapter analyzes how South Sudan's Interim National Constitution (INC) has been designed to accommodate Sharīʻah and human rights with a specific focus on the freedom of religion. To gain a better understanding of the INC's complex structure that resulted from previous experiences, the chapter begins with a short overview of the role of Sharīʻah in Sudan's constitutional life since independence. It then considers whether the relevant sections of the INC have been properly implemented and highlights the need to avoid unnecessary labeling in the Sharīʻah and human rights debate.
Collection:
Oxford Scholarship Online
Markus Böckenförde, Quo Vadis Sudan? Sharī‘ah and Human Rights after the Secession of South Sudan. In: Constitutionalism in Islamic Countries: Between Upheaval and Continuity. Edited by Rainer Grote and Tilmann J. Röder, Oxford University Press (2012). © Oxford University Press. DOI: 10.1093/acprof:osobl/9780199759880.003.0029
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