The 2019 constitutional declaration includes provisions regarding freedom of belief and worship. As stipulated in the constitutional declaration, existing laws and institutions governing religion remain in effect while the new government works to amend and restructure them. While the previous constitution stated all national legislation should be based on sharia, the constitutional declaration makes no reference to sharia, although the clause restricting the death penalty permits its imposition as sharia-sanctioned (hudud) punishment for certain crimes.
The constitutional declaration also has provisions providing for access to education regardless of religion, requiring that political parties be open to citizens of all religions, and ensuring all “ethnic and cultural” groups have the right to “exercise their beliefs” and “observe their religions or customs.”
Abuses of freedom of religion are often addressed in lower courts but may be appealed to the Constitutional Court.
Laws promulgated under the former constitution remain in effect while the CLTG worked to amend or abolish those laws and pass new legislation within the framework of the constitutional declaration.
National laws concerning personal and family matters of Muslims adopted during the Bashir administration remain largely in effect and are based on a sharia system of jurisprudence. The existing criminal code states the law, including at the state and local levels, shall be based on sharia sources and include hudood, qisas, and diyah principles (regarding punishment, restitution, and compensation for specific serious crimes). The criminal code takes into consideration multiple sharia schools of jurisprudence (madhahib). The Islamic Panel of Scholars and Preachers (Fiqh Council), an official body of 50 Muslim religious scholars responsible for explaining and interpreting Islamic jurisprudence, determines under which conditions a particular school of thought will apply. Other criminal and civil laws are determined at the state and local level.
Members of the Fiqh Council serve four-year renewable terms. In the past, the council advised the government and issued fatwas on religious matters, including levying customs duties on the importation of religious materials, payment of interest on loans for public infrastructure, and determination of government-allotted annual leave for Islamic holidays. The council’s opinions are not legally binding. Muslim religious scholars may present differing religious and political viewpoints in public. The Fiqh Council mandate is unclear under the CLTG.
In July, the CLTG ratified the MAA, rescinding a provision of a 1991 law that criminalized and imposed the death penalty for apostasy (conversion from Islam to another faith). The MAA replaced the apostasy provision with an article criminalizing takfir (the act of declaring someone a kafir or nonbeliever). Those charged with takfir face imprisonment not to exceed 10 years, a fine, or both.
The existing criminal code’s section on “religious offenses” criminalizes various acts committed against any religion. These include insulting religion; blasphemy; questioning or criticizing the Quran, the Sahaba (the Companions of the Prophet), or the wives of the Prophet; disturbing places of worship; and trespassing upon places of burial. In July, the CLTG removed flogging as a punishment for blasphemy. The criminal code states, “Whoever insults any religion, their rights or beliefs or sanctifications or seeks to excite feelings of contempt and disrespect against the believers thereof” shall be punished with up to one year in prison and/or a fine. The article includes provisions that prescribe penalties of up to five years’ imprisonment, a fine, or both for anyone who curses the Prophet Muhammad, his wives, or members of his respective households.
In July, the CLTG repealed a provision of law under which individuals could be arrested for indecent dress and other offenses deemed injurious to honor, reputation, and public morality. The MAA in July also removed penalties for anyone who imported or distributed alcohol to any individual regardless of religion.
Some parts of the criminal code specify punishments for Muslims based on government interpretation of sharia punishment principles. For example, the penalty for adultery with a married person is hanging and for an unmarried person is 100 lashes. An unmarried man may additionally be punished with banishment for up to one year. These penalties only apply to Muslims. Adultery is defined as sexual activity outside of marriage, prior to marriage, or in a marriage that is determined to be void.
Under the law, the Minister of Justice may release any prisoner who memorizes the Quran during his or her prison term. The release requires a recommendation for parole from the prison’s director general, a religious committee composed of the Sudan Scholars Organization, and members of the Fiqh Council, which consults with the MRA to ensure decisions comply with Islamic jurisprudence.
The MRA is responsible for regulating Islamic religious practice, supervising churches, and guaranteeing equal treatment for all religious groups. The MRA also provides recommendations to relevant ministries regarding religious issues that government ministries encounter.
To gain official recognition by the government, religious groups are required to register at the state level with the MRA. The MRA determines, along with the state-level entities responsible for land grants and planning, whether to provide authorization or permits to build new houses of worship, taking into account zoning concerns such as the distance between religious institutions and population density. The allocation of land to religious entities is determined at the state level.
The Humanitarian Aid Commission (HAC), formerly known as the Higher Council for Guidance and Endowment, oversees NGOs and nonprofit organizations. Religious groups that engage in humanitarian or development activities must register as nonprofit NGOs by filing a standard application required by the HAC. Only NGOs registered with HAC are eligible to apply for other administrative benefits, including land ownership, tax exemptions, and work permits. The HAC works with the Ministry of Interior to facilitate the visa process for NGO representatives seeking to obtain visas.
Customary practice does not permit followers of Shia Islam to hold worship services; however, they are allowed to enter Sunni mosques to pray.
The MRA has federal entities in each state that coordinate travel for the Hajj and Umra.
The state-mandated education curriculum requires that all students receive religious instruction from elementary school to secondary school. The curriculum further mandates that all schools, including international schools and private schools operated by Christian groups, provide Islamic education classes to Muslim students from preschool through the second year of university. The law does not require non-Muslims to attend Islamic education classes, and it mandates that public schools provide Christian students with other religious instruction if there are at least 15 Christian students in a class. According to the Ministry of Education, following the separation of South Sudan, this number was not reached in most schools. Non-Muslim students therefore normally attend religious study classes of their own religion outside of regular school hours to fulfill the religious instruction requirement. The Ministry of Education is responsible for determining the religious education curriculum. According to the ministry, the Islamic curriculum must follow the Sunni tradition.
Under the law, a Muslim man may marry a non-Muslim woman. In practice, Muslim men follow sharia guidance, which advises they may marry “non-Muslim women of the book,” i.e., either Christian or Jewish women. A Muslim woman, however, legally may marry only a Muslim man. A Muslim woman marrying a non-Muslim man could be charged with adultery.
There are separate family courts for Muslims and non-Muslims to address personal status issues such as marriage, divorce, and child custody, according to their religion. By law, in custody dispute cases where one parent is Muslim and the other is Christian, courts grant custody to the Muslim parent if there is any concern that the non-Muslim parent would raise the child in a religion other than Islam.
According to Islamic personal status laws, Christians (including children) may not inherit assets from a Muslim. Children of mixed (Muslim-Christian) marriages are considered Muslim and may inherit.
Government offices and businesses are closed on Friday for prayers and follow an Islamic workweek of Sunday to Thursday. A 2019 decree mandates that academic institutions not give exams on Sunday, and it authorizes Christians to leave work at 10:00 a.m. on Sunday for religious activities. Individuals may also leave work to celebrate Orthodox Christmas, an official state holiday, along with several key Islamic holidays.
An interministerial committee, which includes the Ministry of Foreign Affairs, the General Intelligence Service, and in some cases Military Intelligence, must approve foreign clergy and other foreigners seeking a residency permit.
The country is a party to the International Covenant on Civil and Political Rights.
Investigations continued into incidents in which government forces under former President Bashir allegedly attacked protesters outside mosques during antigovernment protests that took place from December 2018 to April 2019.
In July, the rebel group SPLM-N, active in Blue Nile and South Kordofan States and led by Abdelaziz al-Hilu, extended and signed a cessation of hostilities. Al-Hilu called for the separation of religion and state with no role for religion in lawmaking. He had previously made repeated statements that sharia was incompatible with basic freedom for the people of South Kordofan and Blue Nile States and was his primary rationale for armed struggle against the Bashir government. Bloomberg News reported that on September 3 in Addis Ababa, PM Hamdok and al-Hilu signed a declaration of principles that included the separation of religion and state. In November, a follow-up workshop on the declaration of principles was held between the SPLM-N and CLTG.
CSW reported that on August 13, a judge in Khartoum sentenced a Christian woman to two months’ imprisonment and a 50,000-Sudanese-pound ($910) fine for dealing in alcohol, despite amendments to the law that exempt non-Muslims from that prohibition except in cases where they supplied alcohol to Muslims.
During the year, the MRA recovered more than 48 endowments, with assets totaling more than $397 million, according to Minister Nasreddine Mufreh. The ministry also recovered assets from seven endowments located in Saudi Arabia. Under the former regime, sources stated that ministries funded their budgets by usurping endowments, properties, or services from the MRA. The MRA had opened its investigation into allegations of corruption pertaining to endowments and Hajj and Umra pilgrimages to Mecca in December 2019.
Although the MAA abolished the death penalty for apostasy, minority religious groups, including Shia and other Muslim minorities, expressed concern they could be convicted of apostasy if they expressed beliefs or discussed religious practices that differed from those of the Sunni majority. Some Shia said they remained prohibited from writing articles about their beliefs, and local media exercised self-censorship to avoid covering religious issues, due to concern regarding receiving a negative response from members of society.
Morning Star News reported that on March 11, the MRA abolished government-appointed committees imposed on churches under the Bashir government. Reverend Yahia Abdelrahim Nalu, head of the Sudan Presbyterian Evangelical Church, described the abolition as a positive step. Church leaders said further legal action would be needed to regain some church properties lost under the former committees.
On October 19, a criminal court in Omdurman acquitted the SCOC leadership committee of criminal trespass and illegal possession of SCOC properties. The government had reopened the 2019 case in July despite a 2018 court ruling that the SCOC national leadership committee led by Moderator Ayoub Tilliano had ownership of the SCOC headquarters in Omdurman. The case arose from a 2015 raid by security forces on the SCOC headquarters, after which the security forces confiscated all of the group’s legal documents and brought charges against the leadership council for trespassing. The SCOC retained ownership of the headquarters.
In previous years, government security services reportedly monitored mosques and imams’ sermons closely, and they provided talking points and required imams to use them in their sermons. According to Muslim religious leaders, the CLTG discontinued this practice. Throughout the year, religious leaders’ sermons were varied and were sometimes critical of the CLTG.
Prisons provided prayer spaces for Muslims, but observers said authorities did not allow Shia prayers. Shia prisoners were permitted to join prayer services led by Sunni imams. Some prisons, such as the Women’s Prison in Omdurman, had dedicated areas for Christian observance. Christian clergy held services in prisons, but access was irregular, according to SCOC and Roman Catholic clergy.
Members of minority religious groups continued to express concerns regarding the education system, which lacked sufficient non-Muslim teachers to teach courses on Christianity and textbooks that promoted religious diversity. Although the law does not require non-Muslims to attend Islamic education classes, some schools did not excuse non-Muslim students from these classes. Some private schools, including Christian schools, received government-provided teachers to teach Islamic subjects, but non-Muslim students were not required to attend those classes. Most Christian students attended religious education classes at their churches based on the availability of volunteer teachers from their church communities.
On December 30, the Islamic Edict Council of the MRA prohibited the use of sixth-grade history textbooks because the books contained content that countered Islamic doctrine. Clerics also argued the newly proposed curriculum glorified Western history.
Local parishioners continued to state that compared with Islamic institutions, Christian places of worship were disproportionately affected by unclear zoning laws.
According to CSW, the Governor of Gezira State authorized the construction of four church buildings on empty land, three for SCOC and one for an evangelical church. This was the first time land had been granted to Christians since 2005.
The CLTG granted Christian churches or their humanitarian institutions tax-exempt status, which the Bashir government had only granted to Islamic relief agencies. Christian churches reported authorities no longer required them to pay or negotiate taxes on items such as vehicles. Church officials said the CLTG also dramatically eased restrictions. The CLTG increased the number of visas and resident permits it granted foreign Christian missionaries.
In July, Minister of Justice Naseredeen Abdulbari said the MAA was necessary to guarantee freedoms outlined in the 2019 constitutional declaration. He said the Ministry of Justice had abolished the death penalty for apostasy because it threatened social peace by putting people’s lives in danger, and that the new criminal law required prosecutors to protect the lives of those accused of apostasy.
In September, MRA Minister Mufreh said the 2019 constitutional declaration granted religious groups the right to worship as long as their practices did not infringe on others’ rights or instigate religious strife.
The MRA Minister hosted roundtables with religious leaders and civil society throughout the year on coexistence and tolerance. In October, the Minister hosted an event on religious freedom and coexistence entitled, “A Sudan for All.” PM Hamdok provided opening remarks and stated religious freedom “is the root of all human freedoms.”
In May, during Juba Peace Talks between the CLTG and the SPLM-N, both sides agreed to create an independent religious freedom commission to work through religious freedom issues from the previous regime.