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Periodical article |
| Title: | Circulars of the Shari'a courts in the Sudan (Manshurat el-Mahakim el-Shari'a fi Sudan) 1902-1979 |
| Author: | Fluehr-Lobban, Carolyn |
| Year: | 1983 |
| Periodical: | Journal of African Law |
| Volume: | 27 |
| Issue: | 2 |
| Pages: | 79-140 |
| Language: | English |
| Geographic term: | Sudan |
| Subjects: | jurisprudence Islamic law law Shari'a |
| Abstract: | An excellent documentation of the twentieth century history of the Shari'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 Shari'a law in the Sudan, drawing on opinions of the Hanafi and Maliki schools of juristic interpretation. These Circulars and Memoranda are basic to an understanding of the practice and application of the Shari'a law in the Sudan. The Judicial Circulars represent a unique means by which the Shari'a has been applied in the Sudan adapting itself to customary Muslim practice and reflecting change in the thinking of the 'Ulama. One of the more important functions of the Circulars has been to state a judicial preference for the Maliki madhab (school of Islamic jurisprudence) over the Hanafi School. - Gloss., notes, ref. |