Impunity Watch: Africa: Sudanese Woman Takes a Stand Against Interpretation of Islamic Law

By Jennifer M. Haralambides
Impunity Watch Reporter, Africa

KHARTOUM, Sudan - Sudanese woman was arrested, found guilty of indecency, fined, and sentenced to 40 lashes for wearing trousers while dining at a cafe with friends.

Lubna Hussein, a widow with no children is a career journalist. She was arrested along with 12 other women for breaking Islamic decency regulations and was ordered to pay a fine of Sudanese 500 pounds ($209) or face a month in jail. This case has attracted world wide attention.

Hussein has refused to pay the fine. She and many women activists say the Islamic decency regulations are vague and give individual police officers undue discretion to determine what is acceptable clothing for women. Hussein has made an effort to publicize her case by posing in loose trousers for photos and calling for media support.

(Lubina Hussein with supporters outside the court in Khartoum, Source The New York Times)

By printing up invitation cards for her initial court date in July and sending out e-mail messages asking people to witness her whipping, if it came to that, she was making it known that the world would see how Sudan treated women.

These measures were not overlooked. On the date of her trial, hundreds of Sudanese women, many wearing pants, gathered in front of the court house protesting the law was unfair. A few of the other women arrested with Hussein have pleaded guilty and were lashed as a result. These floggings have been carried out in the past with plastic whips that leave permanent scars.

"The flogging, yes, it causes pain," says Hussein. "But more important, it is an insult. This is why I want to change the law."

Article 152 of Sudan's penal code states that up to 40 lashes and a fine should be given to anyone "who commits an indecent act which violates public morality or wears indecent clothing." The big question? What is considered indecent clothing?

Another major factor at play is that northern Sudanese, who are mostly Muslim, are supposed to obey Islamic law, while southern Sudanese, who are mostly Christian, are not. Hussein argues that Article 152 is intentionally vague, in part to punish women.

"I am Muslim; I understand Muslim law, but I ask what passage in the Koran says women can't wear pants..." questions Hussein.

Rabie A. Atti, a Sudanese government spokesperson, insists that Hussein must have done something else to upset the authorities, besides wearing pants. He says the act is only intended to protect people against harm from another person's indecent behavior. Atti also claims that many women in offices and wedding ceremonies wear trousers with no problems in Sudan, suggesting that Hussein must have been causing some additional harm in order to be arrested.

Hussein responded that she did not do anything else in order to violate the law, and that there were many who can support this.

"It is well known that Sudanese women are pioneers in the history of woman's rights in this region, and that we won our rights a long time ago because of our awareness, open mind, good culture and struggle," said Hussein.

For more information, please see:

AP - Trouser-wearing Woman Spared Flogging in Sudan - 7 September 2009

BBC - Sudanese "Trousers" Woman Fined - 7 September 2009

Reuters - Sudanese Woman Fined for Wearing Trousers - 7 September 2009

The New York Times - Sudan Court to Define Indecent Dress for Women - 7 September 2009