Cecily Zamora
Egypt's legal system is primarily based on the Napoleonic Code, with influences from British and traditional Islamic law. The country's judicial system is composed of secular and religious courts, with the former including District Courts, Primary Courts, Courts of Appeal, and the Court of Cassation. Egypt's legal system is considered a civil law system, with government law embodied in legal texts such as codes and statutes. However, Article 2 of Egypt's constitution states that the main source of legislation is the principles of Islamic law, which employs methods similar to Anglo-American common law. This has resulted in an interesting dichotomy, with the country's legal system attempting to objectify the law by codification and giving no legal weight to judicial precedent, while Islamic law is regarded as a product of ongoing dialogue between scholars and jurists.
| Characteristics | Values |
|---|---|
| Type of Law | Civil Law |
| Legal System | Based on French legal concepts and methods, Islamic (Shariah) law, and European codes |
| Constitution | Written constitution |
| Legislation | Egyptian Civil Code of 1948 (ECC) |
| Legal Texts | Codes, statutes, and other written texts |
| Judicial System | Secular and religious courts, administrative and non-administrative courts, Supreme Constitutional Court, civil and commercial courts, family courts, etc. |
| Judicial Independence | Judges are independent from the state and enjoy immunity |
| Judicial Precedent | Limited influence of previous rulings, but principles and precedents of higher courts are followed |
| Legal Tradition | Influenced by Anglo-American common law and Islamic law tradition |
| Legal Culture | Aim to minimize human bias and subjectivity in interpreting legal texts |
| Inspiration | Inspired the civil code of several Middle Eastern countries |
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What You'll Learn
Egypt's legal system is based on French civil law
The Egyptian legal system began in 1875 with the creation of the Mixed Courts, which used the Napoleonic Code as the basis of their laws. The Napoleonic Code, also known as the French Civil Code, was first introduced during Napoleon Bonaparte's occupation of Egypt in 1798, and Egyptian jurists were subsequently trained in France. Over time, various modifications and adaptations were made to the French system to create the current Egyptian version. The French Parquet system, for example, served as the model for Egypt's public prosecutor system.
Egypt's judiciary is an independent branch of the government, comprising secular and religious courts, as well as administrative and non-administrative courts. The Egyptian court system is composed of multiple tiers, including the Courts of First Instance, the Court of Appeal, and the Court of Cassation, which is the highest court in Egypt's common court system. The Court of Cassation acts as a supreme court for matters within the general system's jurisdiction, and it is morally and practically bound by its own principles and precedents.
Egypt's constitution, which took effect on 18 January 2014, is the country's supreme law. While Article 2 of the constitution states that the main source of legislation shall be the principles of Islamic law, the Egyptian legal system in practice more closely resembles the Continental European civil law tradition. This is due to the influence of the French legal concepts and methods that form the basis of Egypt's civil law system, including the emphasis on codified laws and the removal of the human element in interpreting and applying legal texts to minimize the potential for inconsistencies and injustices.
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Islamic law influences Egypt's constitution
The Egyptian legal system is considered a civil law system, based on a well-established system of codified laws. However, Islamic law has also influenced Egypt's constitution and legal system.
Egypt's supreme law is its written constitution, which took effect on 18 January 2014, following several previous versions. Notably, Article 2 of the 2012 Constitution, which survived unchanged in the 2014 version, states that the principles of Islamic law are the main source of legislation. This article has been the subject of continuous debates between secular and religious parties in Egypt. Liberals view it as a threat to liberty and independence from religious institutions, while Islamic parties consider it essential for preserving Islam's dominance in the country.
The role of Islamic law, or Sharia, in the Egyptian legal system is complex. While it is not a unified set of rules, it is a massive body of texts, interpretations, rulings, patterns, and opinions that offer diverse answers to similar questions. The interpretation and application of Islamic Sharia in the Egyptian legal system is one of the most controversial aspects of modern constitutional law in Egypt.
Historically, Islamic Sharia was a de facto source of Egyptian law, especially in matters related to family law for Muslims. Even without a constitutional requirement, there was a consensus that family law matters are regulated according to Islamic Sharia. Under Ottoman rule and until 1955, specialized Sharia Courts were responsible for applying these rules. However, all Sharia Courts were abolished by Law No. 442 of 1955, and regular family courts gained exclusive jurisdiction in family matters.
Today, Egypt's legal system is primarily based on the Napoleonic Code, with additional influences from British and traditional Shari'a law. The modern Egyptian legal system began in 1875 with the creation of the Mixed Courts, which used the Napoleonic Code as their legal foundation. Over time, various influences have shaped Egypt's legal system, including French, British, and Islamic law.
In conclusion, while Egypt's legal system is generally considered a civil law system, Islamic law has significantly influenced its constitution and legal framework. The ongoing reconciliation between Pre-Modern Islamic Law and State Law continues to shape the country's legal landscape.
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Egypt's civil code
Egypt's legal system is considered a civil law system, based on a well-established system of codified laws. The Egyptian Civil Code (ECC) is the primary source of civil law in Egypt. The ECC governs areas of personal rights, contracts, obligations, and torts. It also includes the Commercial Code and the Code of Civil Procedure.
The first version of the ECC was written in 1949 and contained 1149 articles. The 1949 code followed the French civil law model, with the prime author of the code, jurist Abd El-Razzak El-Sanhuri, receiving assistance from Dean Edouard Lambert of the University of Lille. The ECC is based primarily on the French Civil Code and, to a lesser extent, various other European codes and Islamic (Shariah) law, especially in the context of personal status.
The ECC focuses on the regulation of business and commerce and does not include any provisions regarding family law. This was a deliberate choice by El-Sanhuri to set it apart from the Turkish civil code. Article 1 of the ECC states that "in the absence of any applicable legislation, the judge shall decide according to the custom and failing the custom, according to the principles of Islamic Law. In the absence of these principles, the judge shall have recourse to natural law and the rules of equity."
The Egyptian judicial system is composed of secular and religious courts, with the Court of Cassation acting as the supreme court for matters within its jurisdiction. The Egyptian Court system is multi-tiered, with Courts of First Instance, Courts of Appeal, and the Court of Cassation at the apex. The classical dichotomy of public and private law has resulted in the establishment of the Council of State, which decides on administrative disputes.
Egypt's modern legal system was initially developed in the 19th century and was modeled after the French civil code system (Napoleonic Code). Over time, various modifications and adaptations were introduced to produce the current Egyptian version of the French system. Egypt's civil code has been the inspiration for the civil code of numerous other Middle Eastern jurisdictions, including Jordan, Bahrain, Qatar, and pre-dictatorship kingdoms of Libya and Iraq.
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Egypt's court system
The Egyptian legal system is considered a civil law system, based on a well-established system of codified laws. Egypt's supreme law is its written constitution, which came into effect on 18 January 2014. The Constitution of Egypt is the fundamental law of the country.
Egypt's legal system is independent of the state and includes both secular and religious courts. It is primarily based on the Napoleonic Code, with additional influences from British and traditional Shari'a law. The Egyptian Court system is composed of several tiers: Courts of First Instance, Court of Appeal, and the Court of Cassation at the apex of the judiciary. There are eight Courts of Appeal across Egypt, which are divided into multiple circuits, including economic, commercial, criminal, terrorism, and other circuits. The Court of Cassation is the supreme court of the common court system and is based in Cairo. It has jurisdiction to review verdicts handed down by the Courts of Appeal, but its reviews are limited to matters of law.
The Supreme Administrative Court is the highest court in the administrative system and reviews decisions made by the lower administrative courts. The Supreme Constitutional Court has exclusive jurisdiction to determine the constitutionality of laws and regulations, interpret legislative provisions, and adjudicate jurisdictional disputes and contradictory judgments.
Egypt also has several exceptional courts, such as Family Courts, Economic Courts, and Administrative Courts, which hear specific matters and were created to streamline the legal process. The country also has emergency state security courts, which have jurisdiction over issues related to the state of emergency.
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Egypt's legal history
Ancient Egyptian law was governed by religious principles, with the belief that the law was handed down by the gods. The courts that administered the law were the seru (a group of elders in a rural community), the kenbet (a court on a regional and national level), and the djadjat (the imperial court). The ancient Egyptians were generally law-abiding citizens, but there were disputes over land and water rights, ownership of livestock, and hereditary jobs or titles.
In the early years of the Old Kingdom (c. 2613-2181 BCE), legal precedents were established, which were then used to judge cases during the Middle Kingdom (2040-1782 BCE) and onward. During the Middle Kingdom, a professional police force was established, and the legal system continued to develop. The legal system in Egypt reached its height during the New Kingdom (c. 1570-1069 BCE).
In the latter half of the nineteenth century, the state courts evolved into a multi-tiered legal system that worked in tandem with Sharia courts. These courts heard civil and criminal cases and were staffed by muftis and ulama. The modern legal system of Egypt began in 1875 with the creation of the Mixed Courts, which heard cases involving foreigners in Egypt and used the Napoleonic Code as the basis of their laws.
Egypt's current constitution, which took effect on 18 January 2014, is based on the Napoleonic Code, with additional influences from British and traditional Sharia law. The Egyptian legal system is considered a civil law system, with government law embodied in legal texts such as codes and statutes. The Egyptian Civil Code of 1948 (ECC) is the main source of legal rules applicable to contracts and is based on the French Civil Code and other European codes, as well as Islamic law in the context of personal status. The judicial system of Egypt includes secular and religious courts, with the Court of Cassation acting as the supreme court for matters within its jurisdiction.
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Frequently asked questions
Egypt is a civil law country. Its legal system is based on a well-established system of codified laws, with government law embodied in legal texts such as codes and statutes.
The Egyptian Civil Code is the prime source of civil law in Egypt. It covers areas of personal rights, contracts, obligations, and torts. The Egyptian Constitution, which came into effect on 18 January 2014, is the supreme law of the country.
The Egyptian legal system has been influenced by various traditions throughout history. The modern Egyptian legal system, established in 1875, was based on the Napoleonic Code, with additional influences from British and traditional Shari'a law.
