Personal
status laws in Sudan govern legal procedures that pertain to familial
relations, including marriage, divorce, child custody and inheritance.
These laws are based on the Shari'a, the divine law of Islam, and
unlike other aspects of Sudanese law, the realm of personal status was
influenced only marginally by European legal models. Thus, the rights
and obligations outlined in Sudanese family law differ significantly
from Western conceptions. This paper provides a brief introduction to
the major Sudanese laws that Americans may encounter. Sudanese
family law is based on the Sunni branch of Islam, particularly the
teachings of the medieval Muslim scholar Abu Hanifa. The Hanifi School
predominated in Sudan until the twentieth century, when legal reformers
incorporated the ideas of the other major Sunni schools in order to
modernize and codify Sudanese family law. Family law in Sudan is under
the jurisdiction of religious judges or qadis. The qadis issued
judgements on a case-by-case basis according to the principles of the
Qur'an, the holy book of Islam. The following are
the five main subjects of contemporary Sudanese family law: marriage,
divorce, maintenance, custody and inheritance. February 2001General Information
This information was prepared to assist American citizens and
others inquiring about family law in Sudan. It does not represent the
views of the United States government and is not necessarily
authoritative. Questions involving interpretation of specific laws
should be addressed to Sudanese legal counsel.
