Cameron Miranda
The Egyptian legal system is considered a civil law system, based on a well-established system of codified laws. The country's supreme law is its written constitution, which states that the main source of legislation is the principles of Islamic law. The Egyptian legal system is influenced by both civil law and common law traditions, with judges seeking to interpret and apply legal texts consistently to minimise potential injustices from human bias. The country's judicial system includes secular and religious courts, with a multi-tiered structure that hears civil and criminal cases.
| Characteristics | Values |
|---|---|
| Type of Law | Civil Law |
| Basis | Napoleonic Code, British and traditional Shari'a law |
| Inspiration for | Civil codes of other Middle Eastern countries |
| Constitution | Supreme law, written, came into effect on 18 January 2014 |
| Courts | Secular and religious, District Courts, Primary Courts, Courts of Appeal, Court of Cassation, Family Courts, Supreme Constitutional Court, Economic Courts, Administrative Courts |
| Legal Privilege | No legal professional privilege or "without prejudice" communications |
| Disclosure | No standard disclosure, but parties can request specific disclosures |
| Reconciliation | Supreme Constitutional Court resolves conflicts between Islamic law and civil law |
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What You'll Learn
Egypt's legal system is influenced by French civil law
Egypt's legal system is a combination of Islamic (Sharia) law and the Napoleonic Code, which was first introduced during Napoleon Bonaparte's occupation of Egypt in 1798. The Egyptian legal system is considered a civil law system and is influenced by French civil law.
The Egyptian legal system is based on a well-established system of codified laws. Egypt's supreme law is its written constitution. The most important legislation with respect to transactions between natural persons or legal entities is the Egyptian Civil Code of 1948 (the "ECC"), which is the main source of legal rules applicable to contracts. The ECC is based on the French Civil Code and other European codes, as well as Islamic (Sharia) law, especially in the context of personal status. The Egyptian Civil Code governs areas such as personal rights, contracts, obligations, and torts.
The Egyptian judicial system is composed of secular and religious courts, with several tiers of courts, including District Courts, Courts of First Instance, Courts of Appeal, and the Court of Cassation, which is the highest court of Egypt's common court system. The Court of Cassation acts as a supreme court for matters within the general system's jurisdiction. There are also exceptional courts, such as Family Courts, the Supreme Constitutional Court, Economic Courts, and Administrative Courts, which hear specific types of cases.
The Egyptian legal system is influenced by French civil law concepts and methods. Judges are familiar with civil law systems and adhere to the principles of due process and judicial review. Accessibility to justice is a fundamental principle, and judges enjoy independence and immunity from executive authority. The Public Prosecutor system in Egypt is also based on the French Parquet system, with prosecutors responsible for investigating and prosecuting crimes.
The Egyptian legal system has evolved over time, with significant reforms and adaptations made to the French system to suit the country's needs. It has served as an inspiration for the civil code of several other Middle Eastern countries.
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Islamic law is also a key influence
The Egyptian legal system is considered a civil law system, based on a well-established system of codified laws. However, Islamic law is also a key influence.
Egypt has a long and complex legal history, with the country's first central state established on the banks of the Nile around 3200 BC. The country's modern legal system, however, is often said to have begun in 1875, following independence from the Ottoman Empire. This was when Egypt gained independence in judicial and legal matters, and the Mixed Courts were established to hear cases involving foreigners in Egypt. These courts used the Napoleonic Code as their legal basis.
The Egyptian Civil Code, first passed in 1949, is the primary source of civil law in Egypt. It was written by the jurist Abd El-Razzak El-Sanhuri, who was influenced by the French civil law model. The code focuses on regulating business and commerce and does not include family law. Notably, El-Sanhuri purposefully combined Shari'a law ("Islamic Religious Law") with the Napoleonic Code. This was an attempt to modernise Islamic law by adopting ideas from Western civil law, confining Islamic law to matters of personal status such as marriage, divorce, and inheritance.
Article 2 of Egypt's constitution states that the main source of legislation shall be the principles of Islamic law. This is a legal tradition that employs methods of jurisprudence similar to those of Anglo-American common law. The Egyptian judiciary is comprised of both secular and religious courts, with Islamic law allowing for "hisbah" lawsuits. The two legal traditions occasionally come into conflict and must be reconciled by the Supreme Constitutional Court, resulting in an important body of Article 2 jurisprudence.
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The country has an unbroken judicial system since 1875
Egypt's legal system is considered a civil law system, based on a well-established system of codified laws. It has been the inspiration for the civil code of numerous other Middle Eastern jurisdictions, including Jordan, Bahrain, Qatar, Libya, Iraq, and Kuwait. The country's current constitution, which took effect on 18 January 2014, is the fundamental law of Egypt. Notably, Egypt has maintained an unbroken judicial system since 1875, when it gained independence from the Ottoman Empire in judicial and legal matters. This led to the establishment of the Mixed Courts, which were created to hear cases involving foreigners in Egypt and used the Napoleonic Code as their legal basis.
The Egyptian legal system has evolved over time, influenced by various cultural and historical factors. The country's supreme law is its written constitution, which reflects the prevailing norms and constructs of Egyptian legal culture. The Egyptian Judiciary, as the third and independent authority of the State, comprises secular and religious courts, administrative and non-administrative courts, and several specialised courts. The court system is structured into tiers, with the Court of Cassation at the apex, acting as a supreme court for matters within its jurisdiction.
The Egyptian Civil Code, first written in 1949, is the primary source of civil law in Egypt. It combines elements of Shari'a law ("Islamic Religious Law") and Napoleonic Code, which forms the basis of the French Civil Code. The code focuses on regulating business and commerce, excluding family law provisions. The exclusion of family law and succession was intentional, setting it apart from the Turkish civil code.
The modernisation of the Egyptian legal system began in the 19th century, with the centralisation of the government under Muhammad 'Ali. Reform programs were implemented, and student missions were sent to Europe to acquire modern educations. This period marked the translation of European legal codes, such as the French Civil Code, into Arabic. The Public Prosecutor system in Egypt is also based on the French Parquet system, where public prosecutors investigate and prosecute crimes.
Egypt's legal system is primarily based on the Napoleonic Code, with additional influences from British and traditional Shari'a law. This combination of Islamic (Shari'a) law and Napoleonic Code was first introduced during Napoleon Bonaparte's occupation of Egypt. The country's legal tradition seeks to objectify the law by codification and does not give substantive legal weight to judicial precedent. However, previous judicial decisions do have persuasive authority, and courts are bound by the principles and precedents of higher courts.
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The Egyptian Court system is composed of multiple tiers
The Egyptian legal system is considered a civil law system, based on a well-established system of codified laws. It is primarily based on the Napoleonic Code, with additional influences from British and traditional Islamic (Sharia) law. The Egyptian Court system is composed of multiple tiers, including:
Courts of First Instance
These are the common courts of first review. In civil matters involving small claims, district courts (also known as summary courts), composed of a single judge, hear the case. Misdemeanour (or summary) courts consist of a single judge attached to the court of first instance for that district.
Courts of Appeal
Appeals in misdemeanour cases are heard by a Court of Appeals consisting of three judges from the court of first instance. In felony cases, Court of Appeals judges act as trial judges, sitting in panels of three.
Court of Cassation
The Court of Cassation is the highest court within the general system's jurisdiction and acts as a supreme court for civil, commercial, and criminal matters. It is comprised of a President and about 450 Vice-Presidents who hear criminal and civil appeals in panels of five.
Supreme Constitutional Court
The Supreme Constitutional Court was established in 1969 and has exclusive jurisdiction to decide questions regarding the constitutionality of laws and regulations, interpret legislative provisions, and adjudicate jurisdictional disputes and contradictory judgments. It is based in Cairo and has an independent budget.
Supreme Administrative Court
The Supreme Administrative Court is the highest court of the administrative system and reviews decisions issued by the lower administrative courts. It hears cases in panels of five judges.
Other Courts
Egypt's judicial system also includes several other exceptional courts, such as Family Courts, Economic Courts, and Administrative Courts. These courts hear specific matters and were created to streamline the legal process. Additionally, there are military courts that have jurisdiction over all crimes related to the Egyptian Armed Forces and the General Intelligence Directorate.
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The Egyptian legal system is considered a civil law system
The ECC focuses on the regulation of business and commerce, and it does not include any provisions regarding family law. The code was written by the jurist Abd El-Razzak El-Sanhuri, who was influenced by Dean Edouard Lambert of the University of Lille. El-Sanhuri's vision was to modernise Islamic law by adopting ideas from Western civil law, confining Islamic law to matters of personal status such as marriage, divorce, and inheritance.
The Egyptian legal system has an unbroken history dating back to 1875, with significant reforms over time. It includes both secular and religious courts, with the Judiciary acting as an independent branch of the government. The Judiciary is composed of multiple tiers of courts, including District Courts, Primary Courts, Courts of Appeal, and the Court of Cassation, which acts as the supreme court for matters within its jurisdiction.
While Egypt's legal system is primarily civil law-based, it is influenced by Islamic law. Article 2 of Egypt's constitution states that the principles of Islamic law shall be the main source of legislation. This combination of civil and Islamic law creates an interesting dichotomy, as Islamic law is generally regarded as a product of an ongoing dialogue between scholars and jurists, similar to the common law tradition. However, the Egyptian legal system seeks to objectify the law and minimise the potential for differing interpretations.
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Frequently asked questions
Egypt follows a civil law system, which is based on a well-established system of codified laws.
The Egyptian Civil Code (ECC) is the primary source of civil law in Egypt. It was written in 1949 and contains 1149 articles.
The Egyptian Civil Code combines Shariah law and the Napoleonic Code, which forms the basis of the French Civil Code.
Yes, the Egyptian Judiciary includes both secular and religious courts.
