Sudan:
The Imperfect Islamic Republic - The Prerequisites For
Implementing Islamic Shariaa Law
02 January 2011
By Osman
Mirghani
Whether it was part of a plan or a mere
coincidence, the timing and manner in which Sudanese
President Omar al-Bashir announced the plan to declare
Sudan an Islamic state has aroused a lot of
controversy that will last for a long time. For al-Bashir
linked the referendum over the future of southern
Sudan to the implementation of Islamic Shariaa law [in
the north]. He also commented on the Sudanese girl who
was filmed being brutally whipped in an open area by
laughing police officers who were apparently enjoying
this scene of torture and her cries of pain. This is
something that is, of course, nothing to do with the
tolerant nature of Islam, and the concept of justice,
and the prerequisites for implementing Islamic Shariaa
law. However how can we blame these police officers if
the regime itself is using Islamic Shariaa law as a
bargaining chip in its political maneuvering, and is
justifying actions that in fact harm the people of
Sudan, and their tolerant and kind nature, as well as
[harming] Islamic tolerance, distorting the religion's
deeply held principle of justice?
Al-Bashir said that if the south chooses secession
in the referendum that is scheduled to take place on 9
January 2011 he will amend the Sudanese constitution
so that "there will be no time to speak of diversity
of culture and ethnicity…Shariaa [Islamic law] and
Islam will be the main source for the constitution,
Islam the official religion, and Arabic the official
language." Is Islamic Shariaa law, therefore, a
bargaining chip in the referendum issue? More
importantly, has all the previous talk about Islamic
Shariaa law been nothing more than one act in the
political theatre that has been ongoing since the
Sudanese regime first tricked its way into power
through force of arms in 1989? What about those who
were tortured, whipped, and even executed, in
accordance with Islamic Shariaa law – or at least as
the people have been repeatedly told – since 1990
until the present time?
There is no doubt that the south will choose to
secede because the policies of the regime have made
this a foregone conclusion, and those in power in
Khartoum are more aware than anybody else that the
referendum will result in secession. This is because
the government not only failed in making unity an
attractive proposition [to the south] over the past
five years, since the signing of the Comprehensive
Peace Agreement with the Southern People's Liberation
Movement [SPLM], but has greatly contributed to
pushing the southerners to secede since it raised the
slogan of "jihad" during the Sudanese Civil War in the
1990s. Al-Bashir's latest speech has only served to
further convince the southern Sudanese to choose
secessions, for it reveals that those in power in
Khartoum considers any talk about diversity of culture
and ethnicity to be "devious", even if this completely
contradicts the reality on the ground in Sudan, and
puts the future of the country in jeopardy. Diversity
in Sudan is an issue that is not just related to the
south, but extends from the north to the south, and
the east to the west. Even when we were students at
primary school [in Sudan], we would sing nationalistic
songs praising the ethnic and cultural diversity of
this country that is made up of one million square
miles, however the size and population of this country
will be greatly reduced soon due to the policies of
isolating and marginalizing [the south], and
exploiting religion for political goals.
In this same speech in which al-Bashir decreed the
country's constitution and future in just a few
improvised words, he also commented on the case of the
Sudanese girl who whipped in public in a language that
challenges the view of many Sudanese, especially as
Islam in Sudan has always been distinguished by its
tolerance, which is something that is inherent in this
religion, as well as in the natural disposition of the
Sudanese people. Al-Bashir called on those who
objected to the brutal whipping of this girl to
"perform ablutions, pray to God, and return to Islam."
He added that "punishment in Islamic Shariaa law
includes whipping, amputation, and death, and we will
not be flexible with regards to the ordinances of
Allah and the Islamic Shariaa." However these words
contradict what he previously said with regards to the
amending of the constitution depending on whether or
not the southerners choose to secede. So, will the
regime compromise over Islam and the implementation of
Islamic Shariaa law depending upon whether the south
chooses to secede or not? Were they flexible over
Islamic Shariaa law when they froze its implementation
for years? There has been a shift in the regime's
position, from utilizing the slogan of the "Islamic
Revolution – providing safe haven to extremist
Islamists from everywhere, offering training camps to
Osama Bin Laden and his followers, and providing
assistance to those behind the assassination attempt
on Egyptian President Hosni Mubarak in Addis Ababa –
to the regime changing tack, submitting to foreign
pressure, and kicking out its unwelcome guests, and
even moving to cooperating with US and French
intelligence…so how will the regime explain this [if
it becomes an Islamic state]? Nobody knows, however
the practice of "Taqiyaa" [concealing one's faith
during dangerous circumstances] remains one that those
in the regime have been committed to since they first
came to power through a coup against the [previous]
democratic regime, which they themselves were members
of. They placed some of the previous regime's leaders
in jail with the aim of concealing the true identity
of their regime, and hushing up the role played by the
National Islamic Front.
The talk that is being repeated these days about
the constitution being amended and Sudan being
declared an "Islamic" state seems to be nothing more
than the regime attempting to hide behind the Islamic
Shariaa law in order to avoid responsibility for
dividing the country. They are attempting to draw
everybody's attention away from the referendum and the
forthcoming secession of the south, and the dangerous
consequences that this will have, including the
implications this will have on the war in Darfur, and
the other developments that will result in the
situation being more dangerous than many people
imagine. There are also some parties within the regime
that hope for, and even actively worked to ensure, the
secession of the south, so that they will be solely in
power in the north and can therefore revive their
project to establish an Islamic state there, even if
this state is not as large [as the previous unified
state], and has a convulsive political approach that
is contrary to the nature of the people it rules, and
does not follow the tolerance of Islam, and its
concept of just rule.