The Impact of Mix-Jurisdiction in Sudanese Civil Law
Dr. Ayman Mohamed Zain Osman
Assist. Prof. of Civil Law – Private Law Dept. – College of Law – University of Sharjah – UAE
Dr. Hafez Gaffer Ibrahim
Assist. Prof. of Civil Law – Law Dept. – Community College – University of Sharjah – UAE
Abstract:
The Sudanese civil code is distinguished by a character that could not be seen in any legislation in the Arab world. The Sudanese legislator experienced different schools of legislation including Latin, Anglo-Saxon jurisprudence and some of the Islamic Sharia rules. This has given rise to a wide-range argument over such experiences on the judicial application.
No doubt such different experiences in the schools of law were imposed by the composition of the Sudanese state from this historic point of view. So, in this study we would explore the impacts of the Sudanese legislator’s transitions from the Anglo-Saxon to the unified Arabian Legal System, whose provisions are drawn from the French Civil Law, it is also aims to highlight the advantages and disadvantages of such transition and the justifications for the change of the legal system and its impact on the judicial judgments.
Through this study, which addresses the principles of the Supreme Court judgments, we realized that the transition to the Latin Laws entailed certain shortcomings, because it was only partial and supplemented by judicial precedence’s which are not in conflict with the Islamic Sharia. The study came up with numbers of recommendations in this respect.
Keywords: Schools of legislation, Sudanese civil Law, English System, Unified Arab Legislation, Latin jurisprudence, Islamic Sharia Rules, Anglo-Saxon jurisprudence.