The Use of DNA in Sudanese Law: Sudanese Law of Evidence Analysis

Authored By: Razan Salaheldin Mohamed Baroud

Faculty of Law/University of Khartoum

Introduction

The increasing use and scientific reliability of (DNA), which is an initialism for deoxyribonucleic acid, which contains the genetic information that makes up most living organisms^[1] testing has fundamentally changed the administration of justice globally, making genetic evidence one of the most compelling forms of proof in investigations. However, in Sudan, the question remains with its current potential: does the current legal framework adequately regulate the use of DNA evidence?

This article argues that while DNA testing has significant potential to enhance the accuracy and integrity of judicial decisions, Sudanese law requires clearer regulation to ensure its effective and rights compliant use. It emphasizes the need for legislative reform in the national Sudanese law of Evidence to establish coherent standards governing DNA testing and its evidentiary value.

The article first examines the legal significance of DNA evidence under the Evidence Act before analyzing the relevant Sudanese legal framework and judicial practices. It then identifies key legal challenges and concludes by proposing reforms aimed at strengthening the regulation of DNA evidence within the Sudanese legal system.

Legal Framework

The Importance of DNA Testing in Legal Systems

DNA is the building block of the entire human genome. It is a crucial tool in criminal investigations, as each DNA sequence is unique. By analyzing DNA sequences, forensic laboratories can create a profile that helps identify related individuals.

DNA is found in bodily fluids such as saliva, hair, and blood, and in all other components of the human body, including cells. A single drop of DNA from any of these sources is sufficient for DNA testing and obtaining results.

Some countries, such as the United States and Japan, maintain DNA databases. This helps solve many crimes by comparing DNA found at a crime scene with existing databases, either to exonerate an innocent person or to narrow down the suspects. Using this type of testing as evidence in investigations can be extremely important. DNA testing is also important in identifying deceased individuals whose identities are unknown, or even those whose features have been obliterated due to decomposition after death or severe burns that completely disfigure the body. It is also used in paternity cases, or even in reuniting separated relatives through national databases. The true importance of this test lies in the accuracy of its results and the low probability of error.

The Sudanese Law of Evidence

The current Sudanese Evidence Act of 1994 comprises sixty-five articles distributed across eleven chapters, divided into sections. Section Seven, which deals with circumstantial evidence, is the focus of this article. It is worth noting that there are three methods of proof: restricted proof, which is limited to specific forms of evidence; absolute proof, the opposite of the former; and mixed proof, which is the approach adopted by the Sudanese Evidence Act[2]. This latter method combines elements of both, stipulating that certain matters must be proven by specific methods that do not permit any other means, while simultaneously allowing for absolute proof by any available method. This latter approach, however, provides for absolute methods of proof, but restricts them to specific conditions based on Islamic law, which is considered one of the sources of Sudanese law.^[3]

The circumstantial evidence

In Arabic, the term “circumstantial evidence” refers to what indicates a meaning without explicitly stating it. It is derived from a root meaning “comparison” or “accompaniment.” Circumstantial evidence can be strong or weak; it is an inference about something unknown[4]. In Sudanese law, Article 48[5] defines circumstantial evidence as the indication that proves or disproves any fact based on the most probable circumstances.

Regarding DNA, it is considered, according to Sudanese law, physical evidence, like fingerprints, blood type, and registration, as implicitly stated in Article 50[6] of the law. While fingerprints, traces, and handwriting are mentioned as examples, there is no explicit text referring to genetic fingerprinting. Consequently, Sudanese courts have issued rulings in some paternity cases based on blood type tests, as in the case of Maqbula Abdullah Rajab in 1993 – Supreme Court, Case No. M.A./811/1993. In this case, the defendant, Maqbula, was admitted to the maternity hospital in March 1993, followed half an hour later by the complainant, Lala. Both gave birth to daughters. After the delivery, they were taken to the ward, and the two babies remained in the delivery room. After cleaning and dressing the infants, the nurses confused them, as there were no adequate measures in place at the time to prevent such a mix-up. Each baby was given to the wrong mother. Several months later, the complainant began to have doubts about her child. After attempting to contact the defendant to rectify the situation, the defendant refused. Consequently, the complainant filed a lawsuit against the defendant. Blood tests were conducted on the complainant, her husband, and the child to determine their blood types and relationship. The results revealed that the child could not be their daughter, as both parents had blood type A, while the child’s blood type was A. This definitively resolved the dispute in this case.

In cases of DNA testing to establish paternity, the result is conclusive. This is done by taking samples of bodily fluids or other body parts to study compatibility between individuals.

In criminal cases, its use began in other countries in 1984 in homicide cases and cases of identifying unknown deceased persons. However, in Sudanese law, DNA analysis is not explicitly used in criminal cases, and there are no records to support its use. It is considered circumstantial evidence and is admissible as proof if corroborated by other evidence, but it is not admissible on its own, as it is considered circumstantial evidence requiring supporting evidence.

III. Critical Analysis of DNA Evidence under Sudanese Law

According to Sudanese law, although DNA testing is considered one of the most reliable methods for analyzing human tissue or remains with high accuracy—its results are treated like fingerprints, hence the term “genetic fingerprinting,” as each person has a unique genetic fingerprint—it is not considered conclusive evidence. Rather, it is circumstantial evidence that requires further evidence to be considered credible. For example, the presence of a witness to a crime under investigation, or the presence of a person’s blood at the crime scene.

It is worth noting here, as mentioned earlier, that the methods of proof in Sudanese law are mixed, combining both restricted and unrestricted ones. For example, in cases related to Sharia punishments (hudud), which have specific penalties and methods of proof derived directly from Islamic law, such as proving adultery, there are specific methods of proof. According to Islamic law, Article (62) of the Sudanese Evidence Act stipulates that adultery can be proven through specific methods. These include an explicit confession before the court, unless the accused retracts it before the sentence is carried out; the testimony of four men with specific characteristics; pregnancy outside of marriage if there is no suspicion of paternity; or the wife’s refusal to take the oath of li’an (mutual imprecation) after her husband has sworn it. These methods do not include blood tests, such as DNA testing at the crime scene or the location where the adultery occurred. The law does not prescribe any other methods of proof besides those mentioned. Despite the high accuracy of these tests, Sudanese law, as I mentioned, is a blend of Islamic law and secular law, and its methods of proof combine restrictive and unrestricted approaches.

Regardless of the advantages of the above examination, there are no practical applications available to me for the use of DNA in Sudan as a means of proof that can be relied upon in this article. This may be due to the technical obstacle of the ongoing war in Sudan, the lack of an updated database of case law or recent articles on the subject, and it may also be due to the lack of sufficient technical capabilities to conduct such examinations, or to the lack of need for them because there is other direct evidence in the investigations carried out by the police and criminal investigation teams.

Conclusion

It is clear that Sudanese evidence law permits the use of DNA testing as a means of proof, but under specific conditions. These conditions include the existence of other supporting evidence and depend on the subject matter being proven. As I mentioned earlier, some matters have specific methods of proof that cannot be applied to just any method, no matter how conclusive.

There is no established practice or even precedent in Sudan for using DNA as evidence, and the real reasons for its non-use remain clear. Is this due to a lack of technical capabilities, or simply the absence of a perceived need for such testing?

If the Sudanese legislature could amend the text of the Evidence Law, it would have explicitly stipulated DNA testing as a means of proof alongside handwriting and physical evidence, instead of adding the phrase “and similar methods,” which implicitly suggests other unauthorized methods, including DNA. The more advanced and aligned the law is with scientific progress and newly developed methods, the more effective the administration of justice will be.

Reference(S):

Cases

Maqbula Abdullah Rajab v Lala (Supreme Court of Sudan, Case No M.A./811/1993).

Legislation

Evidence Act 1994 (Sudan).art 48-50-62

Secondary Sources

Books

Al-Jaali Albukhari, Law of Evidence (11th ed, 2021).

Hassouna Badria, Sharh Qanun al-Ithbat al-Islami al-Sudani wa Tatbiqatuh al-Qada’iyya.

Websites

Legal Information Institute, ‘DNA’ https://www.law.cornell.edu/wex/dna accessed at1 July 2026.

Ministry of Justice (Sudan), Sudan Laws Database https://moj.gov.sd/sudanlaws/#/reader accessed at1 July 2026.