(b) religions, beliefs, traditions and customs are the source
of moral strength and inspiration for the Sudanese people,
(c) the cultural and social diversity of the Sudanese people is the
foundation of national cohesion and shall not be used for
causing division,
(d) the authority and powers of government emanate from the
sovereign will of the people exercised by them through
referenda and in free, direct and periodic elections conducted
through universal adult suffrage, using secret ballot.
Sources of Legislation
5 (1) Nationally enacted legislation having effect only in respect of
the Northern states of the Sudan shall have as its sources of
legislation Islamic Sharia and the consensus of the people.
(2) Nationally enacted legislation applicable to Southern Sudan or
states of Southern Sudan shall have as its sources of
legislation popular consensus, the values and the customs of
the people of the Sudan, including their traditions and religious
beliefs, having regard to Sudan’s diversity.
(3) Where national legislation is currently in operation or is to be
enacted and its source is religion or custom, then a state, and
subject to Article 26 (1) (a) herein in the case of Southern
Sudan, the majority of whose residents do not practice such
religion or customs may:(a) either introduce legislation so as to allow practices or
establish institutions, in that state consistent with their
religion or customs, or
(b) refer the law to the Council of States to be approved by a
two-thirds majority of all the representatives or initiate
national legislation which will provide for such necessary
alternative institutions as may be appropriate.
Religious Rights
6 The State shall respect the religious rights to:(a) worship or assemble in connection with any religion or belief
and to establish and maintain places for these purposes,
(b) establish and maintain appropriate charitable or humanitarian
institutions,
(c) acquire and possess movable and immovable property and
make, acquire and use the necessary articles and materials
related to the rites or customs of a religion or belief,
4