َّ َّللاُ لَ ُك أم آيَاتِ ِه ۗ َو
َّ ُستَأأ َذنَ الَّ ِذينَ ِمن قَ أبلِ ِه أم ۚ َك َٰ َذلِ َك يُبَيِّن
– )َّللاُ َعلِي ٌم َح ِكي ٌم
(( ا أ59) And when the children among
you reach puberty, let them ask permission [at all times] as those before them have done.
Thus, does Allah make clear to you His verses; and Allah is Knowing and Wise.)
(59)
Everything that has been stated in the definition of adult is (a matter of personal
deduction on the sign of the signs of sexual maturity, there numbers, age and
corresponding age) these deductions have come into arguments in determining (the exact
number of these signs) and the corresponding age (to conclusively determine sexual
maturity) because the phrase (conclusive) implies the completion of sexual maturity
conclusively under the justification that the completion of mental maturity is to bear the
responsibilities and Sharia’a obligations, it is also known that (doctrines are mere
personal deduction and interpretation to know about the Sharia’a which is not the same as
Sharia’a since it is defined by the constitution of Sudan for the year 2005 as the Holy
Book, the Sunnah and by the collective opinion, furthermore, deduction remains to be a
deduction and an opinion and the judge picks whatever he or she wishes or chooses a
personal deduction based on his or her discretion without being obligated by a single
doctrine and above all else the child law is an law (concerns certain criminal penalties
and special penalties) and it is not established that it contradicts the 2005 constitution that
permits the death penalty under article (26/2) to subjects who are under 18 years of age
on crimes of Hadd, and the crimes in the child law are (reprimanding) and the same
criminal law defined the phrase reprimanding penalty under article (3) as:
(Meaning any penalty that is not a Hadd)
Therefore, there is no basis by justifying in accordance with the constitution which refers
to crimes that are permitted by the constitution for the judge to pass the judgment of
death on crimes of Hadd and not on crimes of (reprehension) should the constitution not
define the same, it is left to the judge’s discretion to choose the best possible legal choice
to establish his or her legal Sharia’a intentions from all of the Sharia’a to justify the
violation of article (4) of the chid law to the constitution, besides the criminal law has
also contradicted the interpreted legal doctrine on the face of its definition, since:
1. The definition failed to conclusively state what these natural signs are, nor their
definitive number
2. It failed to define what is meant by the phrase (conclusive)
3. It also contradicted the common opinions in determining the number of these
conclusive signs and in determining the age (15) corresponding to these (signs)
Therefore, the (legal deduction) on its face is in contradiction in applying (the age of sexual
maturity stated under article (3) of the criminal code
We, in this department disagree with the first opinion and by way of example we also disagree
with the examples and references made to it.
(Precedent: 147/Trial/Hassan Mohammed, M.A/Review/94/2012 Trial of: Salah Saeed
(Department of Khartoum)
And from our precedent in support of the child law, Sharia’a and the constitution we list the
following by way of an example: