수단 형법에 나타난 후두드(Hudud)고찰

A Study on Hudud of the Sudanese Criminal Law

This paper aims to study on Hudud of the Criminal Law of the Sudan. In the early 16th century, Sudan adopted the Shari a partly with the appearance of the Funji kingdom of Islam. With the announcement of Sharia in September 1983, the Sudanese society became more infamous than the past and provided a reason for independence of the Southern Sudan in July 2011. The current Sudanese Criminal Law is a revision of the criminal law enacted in 1991, which was enacted again in 2009. It consists of 18 chapters and 192 articles. At the time of the 2009 amendment, it added 186-192, adding that the current President Bashir addressed anti-human crimes, genocide crimes, war crimes in order to avoid accusations of genocide in the Darfur incident. The traditional Sharia classifies Hudud crimes into five kinds, namely adultery, theft, apostasy, drinking, armed robbery but Sudanese criminal law added to defamation and sariqa haddiya. The hudud crime is a single-trial system and does not have a second trial or a third trial. Sariqa haddiya of Sudan is a unique concept that does not apply in the other Islamic countries and it means to take the property of others privately, which should be worth 4.25 grams of gold. The Sudanese Criminal Law is more serious than the supposed criminal offense of the same person. In relation to adultery, the Sudanese Criminal Law divides it into seven categories and gives it a heavy penalty. In relation to alcohol, the Sudanese Criminal Law refers to only two articles, but it is understood that the law related to alcohol is the whipping of 40 lashes or imprisonment for a term not exceeding one month, which is somewhat less strict than alcohol has. In apostasy, punishment is death penalty, but this applies only to Muslims. The Sudanese Criminal Law enlarges Shariah s category and applies hudud against defamation because it belongs to the seven avoidance items of the Prophet. It is important to note in the Sudanese Criminal Law that penalties imposed on criminals (whip-type, deportation, limb-cutting, dialysis-style execution, etc.) are all based on the Quran and Hadith.