1973 Constitution of Sudan

Constitution of the Republic of the Sudan from 1973 to 1985 thumb|English copy of the 1973 Constitution of Sudan The 1973 Constitution of Sudan, known at the time as the Permanent Constitution of Sudan, was the first permanent constitution in Sudan introduced under the leadership of President Gaafar Nimeiry. The constitution explicitly identified Islamic law as a primary source of legislation, which was a pivotal shift from previous legal frameworks that had been more secular in nature.Wani Athar Shahbaz 2022-06-13 The genesis of Islamic finance system: Exploring the mainsprings and emerging markets https://goodwoodpub.com/index.php/ijfam/article/view/850 International Journal of Financial, Accounting, and Management en 4 1 31–47 10.35912/ijfam.v4i1.850 2656-3355 free The constitution was enacted in May 1973.Gordon Carey 1986 The Legal Regime of Public Finance in the Sudan: The Legacy of Nimeiri https://www.jstor.org/stable/745421 Journal of African Law 30 1 20–50 10.1017/S0021855300006471 745421 0021-8553 subscription The constitution Gaafar Nimeiry came to power after 1969 coup d'état which was in collaboration with the Sudanese Communist Party, which saw the end of the Sudan's second democratic era that came after the October 1964 revolution. At the beginning, Nimeiry's government would pursue a radical Arab nationalist and leftist program, bringing in a socialist program for social and economic development, including widespread nationalization of private property. His government would also push for an end to the First Sudanese Civil War, which by 1969 had been ongoing since 1955.Lobban Richard Historical dictionary of the Sudan Kramer Robert S. Fluehr-Lobban Carolyn 2002 The Scarecrow Press 978-0-8108-4100-0 3rd African historical dictionaries Lanham (Md.) Islamisation and Arabisation of Sudan The 1973 permanent constitution replaced the 1956 Transitional Constitution of Sudan. The first article, of 225 constitution's articles, set the scene by stating that: The Democratic Republic of the Sudan is a unitary, democratic, socialist and sovereign republic, and is part of both the Arab and African entities. Article 1, Part 1: Sovereignty and the State, the Permanent Constitution of the SudanPermanent Constitution of the Sudan English https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzsd0013&id=5&men_tab=srchresults 2024-11-06 HeinOnline It later acknowledged Christianity and other spiritual beliefs and validated the 1972 Addis Ababa Agreement which aimed to shield southern Sudan from northern domination.Ylönen Aleksi Confronting the "Arab North": Interpretations of Slavery and Religion in Southern Sudanese Separatist Resistance 2017 Fluid Networks and Hegemonic Powers in the Western Indian Ocean 103–129 Walker Iain https://books.openedition.org/cei/457?lang=en 2024-11-06 ebook'IS Lisboa Centro de Estudos Internacionais en 979-10-365-1137-0 Ramos Manuel João Kaarsholm Prebenhttps://rucforsk.ruc.dk/ws/portalfiles/portal/60254237/rev._e_book_fluid_networks_and_hegemonic_powers_in_the_western_indian_ocean.pdf Fluid Networks and Hegemonic Powers in the Western Indian Ocean 2017 Centro de Estudos Internacionais do Instituto Universitário de Lisboa 116 However, the constitution explicitly identified Islamic law as a primary source of legislation (Article 9), which was a pivotal shift from previous legal frameworks that had been more secular in nature.Sherman Steven 1989-01-01 Shari'a Law in the Sudan: Why it Does Not Work Under the Sudanese Constitutions of 1973 and 1985 https://elibrary.law.psu.edu/psilr/vol7/iss2/9/ Penn State International Law Review 7 2 277–300 The constitution also explicitly identified Arabic as the official country language, despite southern Sudan objection.Times Henry Tanner Special to The New York 1972-12-06 Uneasy Peace in Sudan: President Is the Keystone https://www.nytimes.com/1972/12/06/archives/uneasy-peace-in-sudan-president-is-the-keystone.html 2023-06-10 The New York Times en-US 0362-4331Islamic Fundamentalism: A Brief Survey (Part 6 of 7) http://www.brucegourley.com/books-and-articles/islamic-history/islamic-fundamentalism-brief-survey-part-6-7/ 2024-11-06 Bruce T. Gourley en-USBeninyo Ben Katoro https://etheses.whiterose.ac.uk/185/1/uk_bl_ethos_435939.pdf EVALUATION OF THE EDUCATIONAL POLICIES OF THE SUDAN, 1972-1992: tMPACT AND IMPLICATIONS ON EDUCATIONAL DEVELOPMENT IN THE SOUTHERN SUDAN. 1996 University of Leeds 169 PhD Southern Sudan The Nimeiry regime (1969–1985) aimed to establish a one-party constitution and supported the 1972 Addis Ababa Peace Agreement, ending Sudan’s first civil war. However, the agreement was not included in the 1973 Permanent Constitution, making it easy to ignore. While it granted some self-rule to southern states, it left the northern autocratic state unchanged, leading to discontent.Reflections on Sudan's Constitutional Trajectory, 1953–2023 International IDEA https://www.idea.int/publications/catalogue/reflections-sudans-constitutional-trajectory-1953-2023 2024-11-06 www.idea.int 2023 en 10.31752/idea.2023.53 Babiker Mohammed Abdelsalam El-Battahani Atta H. 978-91-7671-663-2 Thus, local governance structures were established to provide some degree of autonomy for the Southern Sudan Autonomous Region (1972–1983). However, these measures were often seen as insufficient and were met with scepticism by Southern leaders, who felt that the central government was not genuinely committed to a federal system that would allow for meaningful self-governance.Ibrahim Ammar Mohamed Elbagir September 2018 The police of the Sudan: Challenges of centralisation and militarisation https://journals.sagepub.com/doi/10.1177/0032258X17726702 The Police Journal: Theory, Practice and Principles en 91 3 275–294 10.1177/0032258X17726702 0032-258X subscription The tensions between the central government and regional authorities would later escalate, culminating in renewed conflict and ultimately the secession of South Sudan in 2011. In 1983, Nimeiry imposed Islamic laws, known as September Laws, on the southern states, sparking a renewed civil war led by the Sudan People's Liberation Movement/Sudan People's Liberation Army. Division of authority The 1973 Constitution established a framework for a central governance that regulated the distribution of authority among the three levels of government and defined the roles and powers of governmental bodies at each level, which aimed to balance power between the executive and legislative and judicial branches. However, the practical application of these provisions was often undermined by Nimeiry's authoritarian tendencies. The regime's centralisation of power led to the suppression of political dissent and the marginalisation of opposition parties, which ultimately contributed to widespread unrest and dissatisfaction among various segments of the population leading to the 1985 coup d'état. thumb|Order of the Constitution The constitution was adopted in May 1973 without public participation, centralising power in the President. By 1977, the regime aligned with Islamist elements, further Islamising the legal system. The First People's Assembly's Speaker and Members were given the Medal of the Constitution for their contribution to the discussion of the constitution draft.Order of the Constitution https://wawards.org/en/sudan/order-of-the-constitution.html 2024-11-06 wawards.org Social implication In addition to its political and legal implications, the 1973 Constitution also had a significant impact on social norms and gender roles within Sudanese society. The emphasis on Islamic law reinforced traditional gender roles and often limited women's rights, particularly in areas such as marriage, inheritance, and employment. This legal framework contributed to the perpetuation of social barriers that hindered women's participation in public life and economic activities.Mohamed Souad Abbashar Aida Abushama Hala 2023-08-31 Women's career motivation: social barriers and enablers in Sudan Frontiers in Psychology English 14 10.3389/fpsyg.2023.1153613 free 1664-1078 10501794 37720639 Freedom of speech and academic independent The constitution was the first to safeguard freedom of religion and expression (Part III),Tenai Noah K. 2016-03-31 Religious extremism: The case of Sudan's Mariam Yahya Ibrahim Ishag http://verbumetecclesia.org.za/index.php/VE/article/view/1511 Verbum et Ecclesia 37 1 10.4102/ve.v37i1.1511 2074-7705 free with Article 48 explicitly outlining this right. Article 19, ensure the independency of the academic institutions.Permanent Constitution of the Sudan English https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzsd0013&id=5&men_tab=srchresults 2024-11-06 HeinOnline Private property The 1973 Sudan Constitution values private property for its social benefits, allowing ownership unless it conflicts with public interest. It ensures fair compensation for property confiscation, nationalization, or requisition, but notes that protection of private property is not absolute.Tier Akolda M. 1991 Protection of Copyright under Sudanese Law https://www.jstor.org/stable/3381834 Arab Law Quarterly 6 2 161–189 10.2307/3381834 3381834 0268-0556 subscription Replacement In April 1985, shortly after the new government took power, the Transitional Military Council suspended the 1973 Constitution and replaced it with the Transitional Constitution of Sudan. However, the 1973 Constitution laid the groundwork for subsequent constitutional developments in Sudan, including the 1998 and 2005 constitutions, which sought to address some of the shortcomings of the 1973 framework. However, the foundational issues of governance, regional autonomy, and social equity remained largely unresolved, contributing to ongoing political instability and conflict in the country. References Category:Constitutions of Sudan Category:1973 in Sudan