ABSTRACT
This chapter examines Sudan’s legal and constitutional framework governing personal status laws, with a particular focus on the principles of equality and non-discrimination. It explores the normative conflict arising from the coexistence of diverse personal status laws and the challenges they pose to maintaining equality before the law, especially when different personal statuses may conflict with the principles of equality. The chapter also delves into the concept of legal pluralism and the process of the Islamization of laws, which have historically raised significant questions and challenges in Sudan, affecting rights and equality in the domain of personal status or family laws. In this regard, the chapter further explores the application of family law to non-Muslim minorities and the implications of Sudan’s long-standing dual system of sharia and civil courts, in place since 1902. By situating Sudan’s experience within the broader context of competing legal sources - including Islamic law and English common law - this chapter reveals the complex interplay that continues to define the regulation of personal affairs. It concludes by emphasizing the necessity of implementing a robust pluralistic legal framework and effective institutional mechanisms to safeguard the right to equality and prevent discrimination in matters of personal status.
