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The Supreme Court, located in Khartoum, is the highest judicial authority in Sudan, apart from the Constitutional Court, which under Article 30 of the August 2019 Draft Constitutional Declaration, is to be "an independent court, separate from the judicial authority." [1] [2] Nemat Abdullah Khair was appointed as Chief Justice of Sudan, thus becoming the President of the Supreme Court, on 10 October 2019. [3]
As of 2011, the court consists of 70 judges operating through panels each composed of three judges, with a senior president. [4] The members of the Supreme Court are appointed by the President of Sudan who is advised on the matter by the supreme council of the judiciary, members of the courts of appeal and other people with the required qualifications. [4] Decisions made in the court are reached by the majority and are only subject to revision "when the chief justice deems that an infringement of sharia laws had taken place." If this is the case "he convenes a five Supreme Court judges panel the majority of whom not must have participated in reaching the disputed decision in order to resolve the matter. " [4]
In October 2010, seven Indonesian judges joined a three-week training course in Sudan to learn about economic sharia (syariah) (Islamic laws), given that Sudan is reportedly known as a pioneer in the syariah field. [5] The Indonesian Supreme Court and the Sudanese Supreme Court will sign a Memorandum of Understanding (MOU) in September 2011.
With the new independence of South Sudan, supreme authority in South Sudan has since passed to the South Sudan Supreme Court in Juba, a court which had been planned since at least 2005. [6] [7]
Judiciary of Malaysia is largely centralised despite Malaysia's federal constitution, heavily influenced by the English common law, as well as Islamic jurisprudence.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.
The Judiciary of Indonesia constitutionally consists of the Supreme Court of Indonesia, the Constitutional Court of Indonesia, and the lesser court system under the Supreme Court. These lesser courts are categorically subdivided into the public courts, religious courts, state administrative courts, and military courts.
The temporary de factoConstitution of Sudan is the Draft Constitutional Declaration, which was signed by representatives of the Transitional Military Council and the Forces of Freedom and Change alliance on 4 August 2019. This replaced the Interim National Constitution of the Republic of Sudan, 2005 (INC) adopted on 6 July 2005, which had been suspended on 11 April 2019 by Lt. Gen Ahmed Awad Ibn Auf in the 2019 Sudanese coup d'état.
The Cabinet of Sudan usually refers to the chief executive body of the Republic of the Sudan. The Cabinet was dissolved following the 11 April 2019 Sudanese coup d'état. Chapter 5 of the August 2019 Draft Constitutional Declaration defines the procedures which led to the nomination of Abdalla Hamdok as Prime Minister, and up to 20 Ministers in the Cabinet, during late August 2019, for the 39-month democratic transition. The Sudanese Women's Union protested against this. Under Article 19 of the Draft Constitutional Declaration, the ministers of the Transitional Cabinet are ineligible to run in the election scheduled to follow the transition period.
The Judiciary of Bahrain is the court system of Bahrain. It is divided into three branches: the Civil Law Courts, the Criminal Law Courts and the Shari'a Law Courts. The Civil Law Courts deal with all commercial, civil, as well disputes related to the personal status of non-Muslims. The Shari’a Law Courts have jurisdiction over all issues related to the personal status of Muslims.
The Sudan Revolutionary Front, or the Sudanese Revolutionary Front (SRF), is an alliance between Sudanese factions that was created in opposition to the government of President Omar al-Bashir. It was declared on 12 November 2011, following several months of support by Darfuri rebel groups for the Sudan People's Liberation Movement-North in the conflict in South Kordofan and Blue Nile.
The Chief Justice of Kenya is a public office in the Republic of Kenya established under Article 161 of the country's Constitution as the Head of the Judiciary of Kenya. Under Article 163, the Chief Justice also serves as the President of the Supreme Court of Kenya. The Chief Justice is assisted by the Deputy Chief Justice, who also serves as the Deputy President of the Supreme Court.
The Chief Justice of Sudan is the head of the Judiciary of Sudan. Under Article 29.(3) of the August 2019 Draft Constitutional Declaration, the Chief Justice is also the President of the Supreme Court of Sudan and is "responsible for administering the judicial authority before the Supreme Judicial Council."
The Sudanese Revolution was a major shift of political power in Sudan that started with street protests throughout Sudan on 19 December 2018 and continued with sustained civil disobedience for about eight months, during which the 2019 Sudanese coup d'état deposed President Omar al-Bashir on 11 April after thirty years in power, 3 June Khartoum massacre took place under the leadership of the Transitional Military Council (TMC) that replaced al-Bashir, and in July and August 2019 the TMC and the Forces of Freedom and Change alliance (FFC) signed a Political Agreement and a Draft Constitutional Declaration legally defining a planned 39-month phase of transitional state institutions and procedures to return Sudan to a civilian democracy.
The Transitional Military Council (TMC) was the military junta governing Sudan that was established on 11 April 2019, after the 2019 Sudanese coup d'état that took place during the Sudanese Revolution, and was formally headed by Abdel Fattah al-Burhan, Inspector of the Armed Forces, after Ahmed Awad Ibn Auf resigned as leader one day following the coup.
A series of political agreements among Sudanese political and military forces for a democratic transition in Sudan began in July 2019. Omar al-Bashir overthrew the democratically elected government of Sadiq al-Mahdi in 1989 and was himself overthrown in the 2019 Sudanese coup d'état, in which he was replaced by the Transitional Military Council (TMC) after months of sustained street protests. Following further protests and the 3 June Khartoum massacre, TMC and the Forces of Freedom and Change (FFC) alliance agreed on 5 July 2019 to a 39-month transition process to return to democracy, including the creation of executive, legislative and judicial institutions and procedures.
The Transitional Sovereignty Council is the collective head of state of Sudan, formed on 20 August 2019, by the August 2019 Draft Constitutional Declaration. It was dissolved by Chairman Abdel Fattah al-Burhan in the October 2021 Sudanese coup d'état and reconstituted the following month with new membership, effectively changing it from a unity government to a military junta.
Raja Nicola Eissa Abdel-Masih is a civilian member of the Transitional Sovereignty Council, Sudan's collective transitional head of state. She was chosen for this position as one of six civilians to hold seats in the original 11-member council. She was the only one of them whose name was agreed upon through a consensus between the Forces of Freedom and Change alliance (FFC) and the Transitional Military Council (TMC), as was foreseen under the terms of the Draft Constitutional Declaration of August 2019. She is the only civilian member of the TSC to have been reinstated by Chairman Abdel Fattah al-Burhan after he seized power in the 2021 military coup d'état.
Nemat Abdullah Mohamed Khair is a Sudanese judge of the Sudanese Supreme Court who became Chief Justice of Sudan on 10 October 2019 until 15 May 2021. As such, under Article 29.(3) of the August 2019 Draft Constitutional Declaration, she is also the president of the Supreme Court of Sudan and is "responsible for administering the judicial authority before the Supreme Judicial Council." Khair is the first woman Chief Justice of Sudan.
The Khartoum massacre investigation is an official investigation of the 3 June 2019 Khartoum massacre and other human rights violations of the Sudanese Revolution, mandated under Article 7.(16) of the Sudanese August 2019 Draft Constitutional Declaration, to cover "violations committed on 3 June 2019, and events and incidents where violations of the rights and dignity of civilian and military citizens were committed." The men-only investigation committee of the massacre, rapes and other human rights violations is headed by human rights lawyer Nabil Adib. The No to Oppression against Women Initiative protested against the men-only composition of the commission.
Mohamed al-Faki Suleiman is a Sudanese politician who was the youngest member of the Sovereignty Council of Sudan. Under Article 19 of the August 2019 Draft Constitutional Declaration, al-Faki, as is the case for the other members of the Sovereignty Council, is ineligible to run in the election scheduled to follow the 39-month transition to democracy period. The Sovereignty Council was later dissolved in October 2021 after a military coup lead by Abdelfattah El Burhan in the 25th of October 2021. Elfaki was arrested illegally for over 2 months without trial, following this coup.
The judiciary of South Korea is the judicial branch of South Korean central government, established by Chapter 5 and 6 of the Constitution of South Korea.
The legal system of Sudan has evolved over time. The legacy of British colonial rule has had a significant impact even after independence. Most of the lawyers and judges were British trained and initially tended to rely on judicial precedent. Soon after independence, however, pressure began to build to change the legal system. By the time Jaafar Nimeiry seized power in 1969, a commission had been working on recommendations for a new system, but he dissolved it and formed another commission dominated by 12 Egyptian jurists. Based on recommendations received from them, Sudan adopted a new civil code that looked much like the Egyptian civil code of 1949. The new system was controversial because it disregarded existing laws and customs and introduced many new legal terms and concepts from Egyptian law without source material to interpret the codes. In 1973 the government repealed these codes and returned the legal system to its pre-1970 common-law status. In 1977 Nimeiry agreed to consider a Muslim Brotherhood demand that the system be based on Islam. He appointed al-Turabi as chairman of a committee to draft new Islamic laws. Nimeiry accepted few of the proposals from this committee. He then established a small, new group in 1983 that developed a “cut-and-paste” version of sharia laws based on practice in other countries. In September 1983, Nimeiry issued several decrees, known as the September Laws, which made sharia the law of the land.
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