Egyptian Judicial System
Encyclopedia
The Egyptian Judicial System (or judicial branch) in Egypt
, is an independent branch of the government which includes both secular and religious courts.
The Egyptian judicial system is based on Europe
and primarily French legal concepts and methods. Under the several governments during the presidency of Hosni Mubarak
, the courts have demonstrated increasing independence, and the principles of due process and judicial review have gained greater respect.
The legal code is derived largely from the Napoleonic Code
. Marriage and personal status are primarily based on the religious law of the individual concerned. Thus, there are three forms of family law
in Egypt: Islam
ic, Christian
, and secular (based on the French family laws).
The judicial branch plays an important role in the political process in Egypt
, as the branch is given the responsibility to monitor and run the country's parliamentary
and presidential
elections.
The Egyptian judicial institution that existed in the mid 19th century was characterized by the following:
During the Ottoman era, the judiciary power was undertaken by one person known as the Chief Justice, who was assisted by four deputies representing the four schools of Islamic jurisprudence; Hanafi, Shafie, Maleki and Hanbali.
During Mohamed Ali's reign of Egypt and his endeavor to build a modern Egyptian state, two significant developments took place in Egypt, leading to the existence of various bodies of civil judiciary in the country.
, Italian
, and Napoleonic
models. Criminal court procedures had been substantially modified by the heritage of Islamic legal and social patterns and the legacy of numerous kinds of courts that formerly existed. The divergent sources and philosophical origins of these laws and the inapplicability of many borrowed Western
legal concepts occasioned difficulties in administering Egyptian law.
The criminal code listed three main categories of crime: contraventions (minor offenses), misdemeanors (offenses punishable by imprisonment or fines), and felonies (offenses punishable by penal servitude or death). Lower courts handled the majority of the cases that reached adjudication and levied fines in about nine out of ten cases. At their discretion, courts could suspend fines or imprisonment (when a sentence did not exceed one year).
Capital crimes that carried a possible death sentence included murder, manslaughter occurring in the commission of a felony, arson or the use of explosives that caused death, rape, treason, and endangerment of state security. Few convictions for capital crimes, however, resulted in execution.
Egypt's laws require that a detained person be brought before a magistrate and formally charged within forty-eight hours or released. An accused is entitled to post bail and had the right to be defended by legal counsel.
The Emergency Law of 1958 outlined special judicial procedures for some cases. The law enabled authorities to circumvent the increasingly independent regular court system in cases where people were charged with endangering state security. The law applied primarily to Islamic radicals but also covered leftists suspected of political violence, drug smugglers, and illegal currency dealers. It also allowed detention of striking workers, pro-Palestinian student demonstrators, and relatives of fugitives.
The Emergency Law of 1958 authorized the judicial system to detain people without charging them or guaranteeing them due process while an investigation was under way. After thirty days, a detainee could petition the State Security Court to review the case. If the court ordered the detainee's release, the minister of interior had fifteen days to object. If the minister overruled the court's decision, the detainee could petition another State Security Court for release after thirty more days. If the second court supported the detainee's petition, it released the detainee. The minister of interior could, however, simply rearrest the detainee. The government commonly engaged in this practice in cases involving Islamic extremists.
is the prime source of civil law, and has been the source of law and inspiration for numerous other Middle Eastern jurisdictions, including pre-dictatorship Libya
and Iraq
as well as Qatar
.
The Court of Cassation, the only one in its category, was established in 1931 and based in Cairo. The Court of Cassation, the exclusive body atop the judicial hierarchy in Egypt, was designated with the purpose of creating a central tool to provide exclusive and uniform interpretation and application of law.
The jurisdiction of Court of Cassation basically includes consideration of challenges brought to it by either adversary or by the public prosecution.
It also includes examining lawsuits related to judges' actions. In such a case, the court undertakes its role as a court of merit, rather than a court of law.
It also has the power to give rulings on requests of reparations for all violated verdicts.
The court issues annual collections on approved judicial principles under the title “Rulings and Principles of The Court of Cassation”.
Courts of Appeal, some which are called Higher Courts of Appeal, have the competence to consider rulings by the courts of first instance falling under its jurisdiction should these rulings be liable for appeal.
According to the Egyptian judiciary law, there are seven courts of appeal in Egypt; in Cairo, Alexandria, Tanta, Mansoura, Ismailia, Beni Swaif and Assuit.
These courts of first instance have the competence to consider lawsuits filed before them as may fall under their jurisdictions. Their rulings are liable to appeal.
These courts have the competence to issue rulings on lawsuits of limited importance, falling under their geographical and term jurisdictions.
These rulings are liable to appeal.
The Family Court (FC) was established in 2004, motivated by the need to differentiate between family litigations and other disputes. It is intended to provide a specialized judiciary tool that would take cognizance of such cases in an atmosphere totally different from that of other lawsuits.
This aims to secure psychological peace for the children who may be involved, especially in such cases of tutelage, divorce, alimony, custody, etc.
The ultimate objective of this court is to hammer out an amicable settlement for family problems through specialized guidance bureaus.
The public prosecution acts as public attorney before criminal courts with the right to file criminal actions. It was given the right by the Egyptian legislation to initiate action even if plaintiff has relinquished his right to do so.
This judiciary has the jurisdiction to decide on administrative disputes to which any administrative body is involved.
Egypt has adopted a dual system of judiciary, i.e. the ordinary and administrative judiciary.
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
, is an independent branch of the government which includes both secular and religious courts.
The Egyptian judicial system is based on Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
and primarily French legal concepts and methods. Under the several governments during the presidency of Hosni Mubarak
Hosni Mubarak
Muhammad Hosni Sayyid Mubarak is a former Egyptian politician and military commander. He served as the fourth President of Egypt from 1981 to 2011....
, the courts have demonstrated increasing independence, and the principles of due process and judicial review have gained greater respect.
The legal code is derived largely from the Napoleonic Code
Napoleonic code
The Napoleonic Code — or Code Napoléon — is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified...
. Marriage and personal status are primarily based on the religious law of the individual concerned. Thus, there are three forms of family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
in Egypt: Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
ic, Christian
Christianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...
, and secular (based on the French family laws).
The judicial branch plays an important role in the political process in Egypt
Politics of Egypt
The government of Egypt, as of February 27, 2011, is a republic currently under military rule of the Supreme Council of the Armed Forces after the President of Egypt Hosni Mubarak stepped down following several days of mass protests. Legislative power is vested in both the government and the...
, as the branch is given the responsibility to monitor and run the country's parliamentary
Parliament of Egypt
The Parliament of Egypt is the currently dissolved bicameral legislature of Egypt. The Parliament is located in Cairo, Egypt's capital. As the legislative branch of the Egyptian government, the Parliament enacts laws, approves the general policy of the State, the general plan for economic and...
and presidential
President of Egypt
The President of the Arab Republic of Egypt is the head of state of Egypt.Under the Constitution of Egypt, the president is also the supreme commander of the armed forces and head of the executive branch of the Egyptian government....
elections.
History
Egypt was among the first world countries after France to establish a judicial institution. The beginning was in 1875 with the enactment of the modern codification under which the Mixed Courts were established.The Egyptian judicial institution that existed in the mid 19th century was characterized by the following:
- Courts at that time were not entirely national, but rather there were courts for foreigners known as "consular courts".
- The judicial authority at that time was not the only authority entrusted with giving rulings on disputes, but rather there was another system that had enabled members of the executive authority to issue rulings in certain cases.
- Abandonment of the unified judicial system that had existed since the Ottoman rule of Egypt.
During the Ottoman era, the judiciary power was undertaken by one person known as the Chief Justice, who was assisted by four deputies representing the four schools of Islamic jurisprudence; Hanafi, Shafie, Maleki and Hanbali.
During Mohamed Ali's reign of Egypt and his endeavor to build a modern Egyptian state, two significant developments took place in Egypt, leading to the existence of various bodies of civil judiciary in the country.
Criminal Code
Egypt based its criminal codes and court operations primarily on BritishGreat Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
, Italian
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, and Napoleonic
Napoleon I of France
Napoleon Bonaparte was a French military and political leader during the latter stages of the French Revolution.As Napoleon I, he was Emperor of the French from 1804 to 1815...
models. Criminal court procedures had been substantially modified by the heritage of Islamic legal and social patterns and the legacy of numerous kinds of courts that formerly existed. The divergent sources and philosophical origins of these laws and the inapplicability of many borrowed Western
Western world
The Western world, also known as the West and the Occident , is a term referring to the countries of Western Europe , the countries of the Americas, as well all countries of Northern and Central Europe, Australia and New Zealand...
legal concepts occasioned difficulties in administering Egyptian law.
The criminal code listed three main categories of crime: contraventions (minor offenses), misdemeanors (offenses punishable by imprisonment or fines), and felonies (offenses punishable by penal servitude or death). Lower courts handled the majority of the cases that reached adjudication and levied fines in about nine out of ten cases. At their discretion, courts could suspend fines or imprisonment (when a sentence did not exceed one year).
Capital crimes that carried a possible death sentence included murder, manslaughter occurring in the commission of a felony, arson or the use of explosives that caused death, rape, treason, and endangerment of state security. Few convictions for capital crimes, however, resulted in execution.
Egypt's laws require that a detained person be brought before a magistrate and formally charged within forty-eight hours or released. An accused is entitled to post bail and had the right to be defended by legal counsel.
The Emergency Law of 1958 outlined special judicial procedures for some cases. The law enabled authorities to circumvent the increasingly independent regular court system in cases where people were charged with endangering state security. The law applied primarily to Islamic radicals but also covered leftists suspected of political violence, drug smugglers, and illegal currency dealers. It also allowed detention of striking workers, pro-Palestinian student demonstrators, and relatives of fugitives.
The Emergency Law of 1958 authorized the judicial system to detain people without charging them or guaranteeing them due process while an investigation was under way. After thirty days, a detainee could petition the State Security Court to review the case. If the court ordered the detainee's release, the minister of interior had fifteen days to object. If the minister overruled the court's decision, the detainee could petition another State Security Court for release after thirty more days. If the second court supported the detainee's petition, it released the detainee. The minister of interior could, however, simply rearrest the detainee. The government commonly engaged in this practice in cases involving Islamic extremists.
Civil Code
The Egyptian Civil CodeEgyptian Civil Code
The Egyptian Civil Code is the primary source of civil law for Egypt.The first version of Egyptian Civil Code was written in 1949 containing 1149 articles. The prime author of the 1949 code was the jurist Abd El-Razzak El-Sanhuri, who received assistance from Dean Edouard Lambert of the University...
is the prime source of civil law, and has been the source of law and inspiration for numerous other Middle Eastern jurisdictions, including pre-dictatorship Libya
Libya
Libya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
and Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
as well as Qatar
Qatar
Qatar , also known as the State of Qatar or locally Dawlat Qaṭar, is a sovereign Arab state, located in the Middle East, occupying the small Qatar Peninsula on the northeasterly coast of the much larger Arabian Peninsula. Its sole land border is with Saudi Arabia to the south, with the rest of its...
.
Courts
- The Supreme Constitutional CourtSupreme Constitutional Court of EgyptThe Supreme Constitutional Court is an independent judiciary body in the Arab Republic of Egypt, with its new seat in the Cairo suburb of Maadi....
- Court of Cassation (Al-Mahkamah al-Naqd)
The Court of Cassation, the only one in its category, was established in 1931 and based in Cairo. The Court of Cassation, the exclusive body atop the judicial hierarchy in Egypt, was designated with the purpose of creating a central tool to provide exclusive and uniform interpretation and application of law.
The jurisdiction of Court of Cassation basically includes consideration of challenges brought to it by either adversary or by the public prosecution.
It also includes examining lawsuits related to judges' actions. In such a case, the court undertakes its role as a court of merit, rather than a court of law.
It also has the power to give rulings on requests of reparations for all violated verdicts.
The court issues annual collections on approved judicial principles under the title “Rulings and Principles of The Court of Cassation”.
- Court of Appeal
Courts of Appeal, some which are called Higher Courts of Appeal, have the competence to consider rulings by the courts of first instance falling under its jurisdiction should these rulings be liable for appeal.
According to the Egyptian judiciary law, there are seven courts of appeal in Egypt; in Cairo, Alexandria, Tanta, Mansoura, Ismailia, Beni Swaif and Assuit.
- Court of First Instance
These courts of first instance have the competence to consider lawsuits filed before them as may fall under their jurisdictions. Their rulings are liable to appeal.
- Courts of limited jurisdiction
These courts have the competence to issue rulings on lawsuits of limited importance, falling under their geographical and term jurisdictions.
These rulings are liable to appeal.
- Family Court
The Family Court (FC) was established in 2004, motivated by the need to differentiate between family litigations and other disputes. It is intended to provide a specialized judiciary tool that would take cognizance of such cases in an atmosphere totally different from that of other lawsuits.
This aims to secure psychological peace for the children who may be involved, especially in such cases of tutelage, divorce, alimony, custody, etc.
The ultimate objective of this court is to hammer out an amicable settlement for family problems through specialized guidance bureaus.
- Egyptian State Lawsuits AuthorityEgyptian State Lawsuits AuthorityThe Egyptian State Lawsuits Authority is an Egyptian judicial institution that resembles, in respect of competencies, the Attorney General in common law disciplines and particularly the United States Solicitor General....
- Public Prosecution
The public prosecution acts as public attorney before criminal courts with the right to file criminal actions. It was given the right by the Egyptian legislation to initiate action even if plaintiff has relinquished his right to do so.
- Administrative judiciary
This judiciary has the jurisdiction to decide on administrative disputes to which any administrative body is involved.
Egypt has adopted a dual system of judiciary, i.e. the ordinary and administrative judiciary.