The Obscure Appellate: The Egyptian Islamic Supreme Court, 1898–1955

Abstract

Abstract This article examines the Egyptian Islamic Supreme Court (al-Maḥkama al-ʿUlyā l-Sharʿiyya), thereafter the isc, and its role in overseeing Islamic judicial practice in the late nineteenth and early twentieth centuries. The isc introduced new procedural requirements for dispensation of justice and assumed the responsibility to defend the jurisdiction of Islamic courts against persistent attempts by British colonial administrators and reform-minded political and bureaucratic elite to limit, if not undermine, their authority. The isc marked the recalibration of the legal and judicial authority of the Chief Judge of Egypt (qāḍī Miṣr, an Ottoman administrative judicial position) along with Shaykh al-Azhar and the Muftī of Egypt (who used to exercise oversight of Islamic courts’ decisions and procedures), in favor of this institutional apparatus. The creation of the isc demonstrates the centrality of the regulatory authority of the Ministry of Justice in fostering any potentiality for Islamic law as a system of governance. The continuous attempts to regulate Islamic courts since the 1880s cannot be examined in isolation from the procedural developments pursued in the secular National and Mixed Courts. The role of the isc was determinative of Islamic judicial practice in lower Islamic courts across Egypt. As a result, operations of Islamic courts were readjusted to a set of evolving norms concerning internal coherence, judicial reasoning, adoption of procedural rules to reflect directives from the Ministry of Justice, and attention to the updated rules of evidence and appeal. This process underscores how Islamic judicial practice was both transformed and made possible through an interwoven set of institutions, actors, and traditions. I argue that this institution, the isc, provides an ideal site for critical and interdisciplinary reflection aimed at exploring both the structural and the contextual history of law in colonial Egypt.