The Criminal Act of 1991 in Sudan, enacted by the Revolutionary Command Council for National Salvation on 31 January 1991,[1] replaced the Penal Code of 1983. This legislation aimed to align Sudanese law more closely with Islamic principles, incorporating elements of Shari'a law. It includes provisions for hudud, qisas, and ta'zir offenses and punishments.[2]
Hudud offenses cover severe crimes such as theft, adultery, and apostasy, with fixed punishments. Qisas refers to retributive justice, often applied in cases of murder or bodily harm, allowing for equivalent retaliation or compensation Ta'zir offenses are less severe and their punishments are discretionary, determined by a judge based on the circumstances. One notable aspect of the Act is the criminalisation of apostasy (renouncing Islam), which is punishable by death under Section 126. This has been a point of significant controversy and criticism from human rights organisations.
The Act also defines various terms and conditions under which certain actions are considered criminal, aiming to provide a comprehensive legal framework for criminal justice in Sudan.[3]
The Act has been criticised for including harsh punishments such as amputation, flogging, and the death penalty for certain crimes. These punishments have raised serious human rights concerns, particularly regarding their alignment with international human rights standards.
In recent years, there have been significant amendments to the Act. For example, in 2020, the Transitional Government of Sudan made several changes, including the elimination of the death penalty for apostasy and the removal of flogging as a punishment for certain offences.[4]