The Right of the Amputees in the Sharia Courts of Sudan under International Law

Abstract

This study explores how the amputees, under Article 168 (b) in the Sharia criminal judiciaries in Sudan can be assisted, under the obligation of the international law on the rights of natural persons to food. Scholars of the Islamic and international laws criticize the practise of amputation as it constitutes torture and other cruel inhuman degrading treatment or punishment and refrain from providing further hypotheses to the rights of the amputees to food as disables. This study rifts from mere criticism and urges the Government of Sudan to comply with its obligations, under the Islamic and international lawto incorporate into its National Constitution the right of the disables to food. In present Sudan, the ‘Decisive Criminal Courts’ and ‘Special Criminal Courts on the Events of Darfur’ have generated thousands of the disables. The courts amputated the cross limbs of the persons proved guilty of theft and highways robbery and left without food. The research recommends the creation of charitable commission in Khartoum and other remote cities such as Darfur to provide food for the starving population of the amputees.