The applicability of Islamic Penal law (Qisas and Diyah) in the Sudan (Ph.D. Dissertation)

This dissertation examines the Islamic legal system with regards to its theory of punishment. Sources of Islamic Law are analyzed as the foundation on which punishment attains its religious authority. This dissertation surveys the application of qisas and diyah in the early Islamic State, focusing on the application of the Islamic Penal Law in the Sudan. Homicide is divided into three categories: A'md, Shibh al-A'md and Khata.' This dissertation shows that only A'md is punishable with Qisas in the form of the death penalty. The conclusion discusses the (1983) Islamization of Laws in the Sudan, an effort lacking sincerity from the Numeiri's political system, genuine support from the public at large, and well-trained people in the Judiciary and the Police Department. The study recommends reforms to the Sudanese Penal Code and the Code of Criminal Procedures of 1983.