So Sudan simply maintained the colonial laws already on the books. Rivalries between political parties in post-colonial Sudan led to parliamentary stalemate, which made it difficult to pass meaningful legislation. My research identifies three reasons why early Sudan sidelined Sharia: politics, pragmatism and demography. They chose to keep the English common law tradition as the law of the land. Sudan’s post-colonial leadership, however, rejected those calls. “An Arab is no better than a Persian, and the White is no better than the Black.” “The People are equal like the teeth of a comb,” wrote Sudan’s soon-to-be Supreme Court Justice Hassan Muddathir in 1956, quoting the Prophet Muhammad, in an official memorandum I found archived in Khartoum’s Sudan Library. They envisioned a progressive legal system consistent with Islamic faith principles, one where all citizens – irrespective of religion, race or ethnicity – could practice their religious beliefs freely and openly.
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