Sudanese Courts Sentence 2 Women to Death by Stoning for Adultery Despite International Obligations

Two Sudanese women have been sentenced to death by stoning in separate cases in Sudan, raising serious concerns about Sudan’s compliance with its international human rights obligations, particularly following its ratification of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).

On December 16, 2025, the Alhaj Yousef Criminal Court in East Nile, Khartoum State, sentenced a 32-year-old mother of 9 to death by stoning following her conviction under Article 146 of the Sudanese Penal Code 1991 for adultery. The case was initiated by her husband, who accused her of bearing a child not biologically his. She was allegedly pressured to confess and was not informed of her rights, despite the seriousness of the charges. Furthermore, the court based its conviction solely on her confession, which was the only piece of evidence. 

In a separate case, Ms. Fatima (a pseudonym), the mother of an 8-year-old girl, was sentenced to stoning by the Alrouirs Court in the Blue Nile Region following a conviction for adultery. The case was initiated by her husband, who had abandoned her in 2019 after she gave birth. 

It is worth noting that the second defendant in both cases was sentenced to 100 lashes before being released. 

These cases highlight persistent shortcomings in Sudan’s justice system, including summary trials, coerced confessions, and the absence of due process; practices that may amount to cruel, inhuman, or degrading treatment. 

Background 

Sudan ratified the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) in 2021, signaling a commitment to prevent and prosecute torture and other forms of ill-treatment. However, no corresponding amendments have been made to the Criminal Act of 1991 to fully criminalize torture or prohibit punishments such as stoning, creating a troubling gap between Sudan’s international obligations and domestic law. 

The continued use of punishments such as death by stoning, lashing, and flogging raises serious questions about Sudan’s implementation of its treaty obligations and its commitment to aligning domestic laws with international human rights norms. 

Stoning constitutes a form of cruel and inhuman punishment that violates the absolute prohibition of torture under international law. As a State Party to UNCAT, Sudan is obligated not only to prevent such practices but also to ensure fair trial guarantees and protect individuals from coercion and abuse within the justice system.

Sudanese Penal Code

The Sudanese Penal Code (formally the Criminal Act of 1991) is the primary criminal legislation in Sudan (as of early 2026, despite ongoing conflict and partial reforms). It blends British colonial-era influences with strong Sharia (Islamic law) elements introduced during Islamization policies.

Key features include: offenses with fixed Sharia punishments (e.g., amputation for certain thefts, flogging for alcohol consumption or "indecent acts," stoning for adultery by married persons); Qisas (retaliatory justice, "an eye for an eye") and diyah (blood money) for murder or bodily harm. Ta'zir discretionary punishments (imprisonment, fines) for other crimes.

It originally criminalized apostasy with death (repealed in 2020 reforms), and retained harsh penalties for moral/religious offenses.

Post-2019 transitional reforms removed flogging as a general punishment, abolished apostasy as a capital crime, and moderated some provisions, but core Sharia-based structures remain amid civil war instability and incomplete legal overhaul.

Source: acjps.org, Staff, February 18, 2026

"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde

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