Courts Of Egypt Research Articles

Debating Sharīʿa in Egypt’s National Courts

This article explores debates about the role of Islamic law (sharīʿa) in the early development of the native courts in Egypt, established in 1883. Current literature focuses on the impact of European influence, arguing that the native courts and the codes they implemented broke away from a past dominated by Islamic law, sidelined pre-modern juristic (fiqh) understandings, and reflected an importation of European norms in service of a growing modern state. Using periodicals published within the first ten years following the establishment of the native courts, this article argues that, for both supporters and detractors, the question was not whether the sharīʿa was being implemented but how it should be understood and utilized. Ideas informed by external influences, such as the rule of law and the creation of an independent judiciary, were significant and helped to shape the development and operation of the native courts. However, these ideas were viewed by observers through a broader conceptualization of the sharīʿa that included the work of the political authority to achieve a central goal: to nationalize the sharīʿa and establish justice in a rapidly changing social and legal environment.

Constitutional Courts in the Arab World and Freedom of Expression: A Defender or Suppressor

Abstract This paper examines the role of constitutional courts in the Arab world in relation to freedom of expression. The role of constitutional courts as gatekeepers of constitutional rights in the Arab world has neither been fully assessed nor analyzed. This paper will analyze and review the decisions issued by constitutional courts in the Arab world with an emphasis on constitutional courts in Egypt, Kuwait, Tunisia, and Morocco. Some of these courts have been active in their roles as gatekeepers and have issued relatively progressive decisions in the area of freedom of expression. However, these successes in protecting this constitutional right have been the exception rather than the rule, and hence, this paper will try to examine the reasons behind the failure of these courts in safeguarding this right. The paper will also explore the jurisprudence as to the understanding of the legal boundaries of freedom of expression, as all of the countries in the Arab world follow civil legal systems, and hence, jurisprudence plays a major role in how the courts interpret these rights.

Economic courts as a mechanism to encourage investment and the need to develop them in the Kurdistan region of Iraq

Abstract Commercial courts are one of the mechanisms developed to resolve trade and economic disputes. The idea began in countries to establish commercial and economic courts as a result of the nature of commercial cases and the speed they need to resolve lawsuits related to trade and investment, as well as the need for specialized courts and dedication to the principle of jurisdiction in the courts. It is clear to us that the presence of specialized commercial and economic courts will help to encourage investment in the country when investors trust that in the event of a dispute, there will be specialized judges who will resolve their dispute and as soon as possible based on the required experience which guarantees their rights. We find through this study, although there are deficiencies and shortcomings in the law of establishing economic courts in Egypt, but Egypt's experience is one of the modern experiences with regard to establishing commercial courts comparison with experience in Iraq, and the experience of Iraq is better comparison with the judicial experience in the Kurdistan Region so that it did not We find any courts specialized in commercial cases. In view of the importance of commercial and economic courts, this research attempted to clarify the importance of commercial courts and the relationship of trade and investment to the judiciary, as well as the jurisdiction of commercial and economic courts, and finally the need to create these courts and the possibility of their creation based on existing laws in the Kurdistan Region or amend them or legislate a new law in this regard.

Child Custody in Islamic Law: Theory and Practice in Egypt since the Sixteenth Century by Ahmed Fekry Ibrahim

Reviewed by: Child Custody in Islamic Law: Theory and Practice in Egypt since the Sixteenth Century by Ahmed Fekry Ibrahim Gulay Yilmaz Child Custody in Islamic Law: Theory and Practice in Egypt since the Sixteenth Century. By Ahmed Fekry Ibrahim. Cambridge: Cambridge University Press, 2018. x + 278 pp. Cloth $99.99. There are few works on child custody in Islamic law in the literature. Ibrahim's work fills an important gap in the field, as it is well researched with an impressive bibliography. The book is informative on the theoretical aspects of child custody, discussing the different approaches of the Hanafi, Shafi'i, Hanbali, and Maliki legal schools. At the same time, it examines specific cases tried in Ottoman-Egyptian Shari'a courts in premodern and modern times. Ibrahim's attempt to contextualize the concepts of child custody and guardianship enables the reader to trace the historical development of the debates around child custody in modern Egypt. This contextualization is evident in both the periodization of the book and the organization of its chapters. Ibrahim examines approximately 600 cases drawn from eleven courts in Ottoman Egypt from the period 1517-1801. He views the Ottoman Hanafization policy after the French reconquest of Egypt as the first rupture in the application of Shari'a law on child custody cases (1801-1955) and examines hundreds of published Shari'a court records on child custody trials, especially between 1929 and 1954. Finally, the integration of Shari'a courts to the national court system and the incorporation of Islamic family law into a unified judiciary in 1955 marks a second turning point, which the author traces up to 2014. This long-term perspective highlights the complexity of child custody law in Egypt and its legacy in legal equitability in contemporary Egypt. There are six chapters in the book. Chapter 1 discusses the different juristic discourses on child custody. Chapter 2 outlines the approaches of various Islamic schools toward child custody and guardianship rules. These rules are analyzed under categories such as age and gender (the general attitude was to give custody to the mother during infancy and then transfer it to the father or relatives from the male line), remarriage of the mother or marriage of female relatives (the same restrictions did not apply to the father), lifestyle, religion of the parents, visitation rights and joint custody, relocation with the ward (again, only restrictive against the mother), and child maintenance. How jurists incorporated these categories in their custody deliberations in early modern [End Page 159] Ottoman courts in Egypt is examined in chapters 3 and 4. Finally, chapters 5 and 6 focus on the changing interpretations of child custody between the periods 1801–1929 and 1929–2014, respectively. One of the main arguments of the book is that despite the patriarchal nature of the Islamic juristic discourse and a very narrow sense of child welfare that was often associated only with gross abuse, there was flexibility in the application of law in Shari'a courts, attributable to pragmatism and the freedom of judges to adhere to different schools of law during the early modern era. Ibrahim examines private agreement deeds (khul) and argues that some jurists (mostly following the Maliki school of law) accepted them, allowing women to retain custody of their children in case of remarriage or travel with the ward away from their regular residence. This went against the dominant status, which did not consider these agreements binding. The author concludes that during the nineteenth century, the Hanafization of legal codes caused Islamic law to become less flexible. Child welfare ultimately became defined by the dogmatic rules of Hanafi jurists, leaving no room for private deeds or individual judges' interpretations. Ibrahim, however, explains that these private separation deeds (which actually constituted a minority in his sample) had ceased entirely by the 1670s. Therefore, the observed rigidity was not solely related with the Hanafization/codification of Islamic law. Ibrahim also argues that the process of Hanafization of Islamic law in the nineteenth century was highly influenced by European values and the "cult of motherhood," which resulted in a new family ideology. He posits that under this women's rights approach, it was unnecessary...

The President of the Republic et al. v. Ali Ayyoub et al., Judgment, on Appeal No. 74236/62 J S. at https://eastlaws.com. Supreme Administrative Court of Egypt, January 16, 2017

The President of the Republic et al. v. Ali Ayyoub et al., Judgment, on Appeal No. 74236/62 J S. at https://eastlaws.com. Supreme Administrative Court of Egypt, January 16, 2017

The sounds of silence: The Supreme Constitutional Court of Egypt, constitutional crisis, and constitutional silence

The Egyptian Supreme Constitutional Court (SCC) issued a series of decisive decisions during the transition period following Hosni Mubarak’s resignation and the military coup of July 3, 2013. During the transition the SCC treated various “constitutional declarations” of the military as binding commands of a “constitutional lawgiver” which pre-empted the commands of all inferior lawgivers, including the military, when acting as a legislator. This hierarchical conception of law as a series of commands issuing from a hierarchy of superior and inferior lawgivers means that legality is determined solely by reference to a particular law’s place in this hierarchy, without regard to the content of the command. In this conception of law, there is no place for constitutional silence inasmuch as the legislature and courts are seen simply as carrying out instructions of the constitutional lawgiver. The denial of constitutional silence in turns leads to judicial rhetoric that overdetermines the outcome of particular cases, and fails to tie outcomes of cases to any shared conception of legality between the sovereign and the citizens. This approach to deciding cases negates the possibility that “silence” may be filled by other lawgivers through a deliberative political process. By refusing to accept a place for constitutional silence, the SCC’s jurisprudence enshrines a kind of “constitutional despotism” which exacerbates constitutional conflict, rather than mitigating it, by creating incentives for constitutional drafters to write ever more specific constitutional rules to enshrine particular outcomes rather than creating a framework for shared governance.

Economic Courts in Egypt; Establishment, Benefits, the Criticism, the Proposals of Developing (Table of Contents)

No one can deny that The Phenomenon of the Slow Pace of Litigation expands to include all wings of the judicial system, Civil, Criminal, and Administrative issues. And extends deeper to affect all categories of litigants: Rich and Poor, Men and Women. To paint a dark picture of what could be called a Crisis of Justice in So, Egyptian legislator created special Economic Courts to solved this disputes, and to avoid its negative effects, by Law No. 120 of 2008. Which decide that this kind of litigation can be solve by judges specialized in this kind of litigation, To encourage investment, and achieve a safe environment for investment, provide maximum protection for economic activity and help develop the plans and ensure justice. The Economic Court Law entered into force in October 2008. Establishes Economic Courts in each Court of Appeal Circuit. which consists of Courts of First Instance, Courts of Appeal. These courts have a jurisdiction over criminal cases stemming from investment operations, consumer protection, commercial, banking transactions. The Economic Court system is a three-tiered system, with first instance, intermediate, and final appellate courts. And Each Trial Chamber should be composed of three presidents of courts of first instance, consists each of the Chambers of Appeal of three judges of the appellate courts to be at least one of whom is President of the Court of Appeal. So, I will discuss the steps taken by the legislature to set up Economic Courts in Egypt.

Egyptian Public Policy as a Ground for Annulment and Refusal of Enforcement of Arbitral Awards

In contrast with the French approach, the Egyptian Arbitration Law does not explicitly embrace the dichotomy between domestic and international public policy. Yet Egyptian courts have adopted the well-known distinction between domestic and international public policy with respect to conflict of laws, including, mutatis mutandis, recognition and enforcement of foreign judgments and foreign and international arbitral awards. The weak standard of review by Egyptian courts of whether an arbitration award complies with public policy norms is one of the reasons why Egypt has become an arbitration-friendly seat. A comprehensive review of Egyptian case law illustrates the rejection by the courts in Egypt of the public policy exception, save in very exceptional circumstances.

The Criticism Directed to the Case Preparation Panel in Economic Courts in Egypt

Law and economy are firmly connected. Adding to that the economic life has an effect on the judicial thinking. So, rules of law should characterized the care of existed economic attitude in the state. As a result Egyptian legislator created special Economic Courts to deal with economic disputes, and to avoid its negative effects, by Law No. 120 of 2008. Which decide that this kind of litigation can be solved by judges specialized in this kind of litigation, to encourage investment, and to provide maximum protection for economic activity and help develop the plans and ensure justice. But, there are some Criticism Directed to the Case Preparation Panel in Economic Courts in Egypt. So, I will discuss it in my paper.

Law as Redemption: A Historical Comparison of the Ways Marginalized People Use Courts

This essay reflects on how Bryen's Violence in Roman Egypt (2013), a study of second‐century Roman Egypt, contributes to the study of law and on how legal culture in ancient Egypt relates to law and legal cultures in other times and places. From the perspective of social history, this essay focuses on the connections between the victims of violence who seek redress in local courts in Egypt and more contemporary work on the legacy of slavery in colonial Ghana and the United States. This comparison reveals how law becomes a vehicle for the marginalized to repair and reconstruct their personhood.

Establishment of Economic Courts in Egypt

No one can deny that Phenomenon of the Slow Pace of Litigation expands to include all wings of the judicial system, Civil, Criminal, and Administrative issues. And extends deeper to affect all categories of litigants: Rich and Poor, Men and Women. To paint a dark picture of what could be called a Crisis of Justice in Egypt.So, Egyptian legislator created special Economic Courts to solved this disputes, and to avoid its negative effects, by Law No. 120 of 2008. Which decide that this kind of litigation can be solve by judges specialized in this kind of litigation, To encourage investment, and achieve a safe environment for investment, provide maximum protection for economic activity and help develop the plans and ensure justice.The Economic Court Law entered into force in October 2008. Establishes Economic Courts in each Court of Appeal Circuit. which consists of Courts of First Instance, Courts of Appeal. These courts have a jurisdiction over criminal cases stemming from investment operations, consumer protection, commercial, banking transactions. The Economic Court system is a three-tiered system, with first instance, intermediate, and final appellate courts. And Each Trial Chamber should be composed of three presidents of courts of first instance, consists each of the Chambers of Appeal of three judges of the appellate courts to be at least one of whom is President of the Court of Appeal.So, I will discuss the steps taken by the legislature to set up Economic Courts in Egypt.

Islamic Law in the Modern World

The essay provides a general account of some of the main changes that Islamic law has undergone since the late 19th century: the transformation of Islamic law from a jurists’ law to a statutory law; the displacement of the ʿulamāʾ as the exclusive interpreters of Islamic law; and the secularization and nationalization of Islamic law through the judicial practice of the Constitutional Court and civil courts in Egypt. Other issues include the impact of the West on Islamic law; the reduction of Islamic law in Turkey to the sta-tus of custom; the collapse of traditional family law and the waqf institution; the Isla-mization of custom in tribal societies; and the application of Islamic law in a non-Muslim state. In the conclusion, I assess the chances of reinstating Islamic law and Islamizing the statutory legal corpus based on the experience of Iran, the Sudan and Egypt.

Juristocracy vs. Theocracy: Constitutional Courts and the Containment of Sacred Law

AbstractOne of the fascinating yet seldom explored phenomena in predominantly religious polities in the Middle East and elsewhere is the growing reliance on constitutional courts and their jurisprudential ingenuity to contain the spread of religiosity or advance a pragmatic version of it. In this article, I explore the scope and nature of this phenomenon. I proceed in several main steps. First, I define what may be termed "constitutional theocracy" with its often conflicting legal commitments, political interests, and social realities. Second, I examine the main epistemological, juridical and political reasons why constitutional law and courts are so appealing to secularist, modernist, cosmopolitan, and other non-religious social forces in polities facing deep divisions along secular/religious lines. Third, I look at various modes of interpretive ingenuity drawn upon by constitutional courts in Egypt, Pakistan, Israel, and Turkey in order to contain, limit, and mitigate the resurgence of religiosity in their respective polities. All of these countries have experienced a growth in the influence of religious political movements, with a commensurate increase in the levels of popular support that they receive. Despite the considerable differences in these countries' formal recognition of, and commitment to, religious values, there are, however, some striking parallels in the way that the constitutional courts in these (and in other similarly situated countries) have positioned themselves as important secularizing forces within their respective societies. I conclude by drawing some general lessons concerning the political construction of judicial review and the secularizing role of constitutional courts in an increasingly religious world.

Establishment of Islamic Courts in Egypt

Establishment of Islamic Courts in Egypt

The Rule of Law in the Arab World: Courts in Egypt and the Gulf. (Cambridge Middle East Studies, Number 6)

The Rule of Law in the Arab World: Courts in Egypt and the Gulf. (Cambridge Middle East Studies, Number 6)

The Rule of Law in the Arab World: Courts in Egypt and the Gulf

Preface Glossary 1. Arab courts in comparative perspective 2. The creation and operation of the modern Egyptian legal system, 1876-1937 3. Egyptian courts, 1937-1971: centralization, authoritarianism and socialism 4. Egyptian courts, 1971-1996: the re-emergence of liberal legality 5. Legal reform in the Arab states of the Gulf 6. The legal system and the rule of law in Kuwait and Qatar 7. Popular uses of the courts 8. Business and the courts Conclusion Bibliography Index.

The Rule of Law in the Arab World: Courts in Egypt and the Gulf

The Rule of Law in the Arab World: Courts in Egypt and the Gulf

Islam and Public Law: Classical and Contemporary Studies

Part 1 Classical perspectives: consultation and the political process in the Islamic Middle East of the 9th, 10th and 11th centuries legal literature and problem of change - the case of Egypt appellate review of judicial independence in Islamic law the law and the Mufti - evidence from 15th-century Morocco. Part 2 Contemporary dimensions: the role of 'urf in shaping the traditional Islamic city Islamic law and state legislation on religious conversion in India Islam and public law in Malaysia - some reflections in the aftermath of Susie Teoh's case Majlis al-Dawla - the administrative courts of Egypt and administrative law the jurisprudence of the Egyptian Supreme Constitutional Court contemporary reinterpretations of Islamic law.

Nathan J. Brown, The Rule of Law in the Arab World. Courts in Egypt and the Gulf

Nathan J. Brown, The Rule of Law in the Arab World. Courts in Egypt and the Gulf

The Rule of Law in the Arab World: Courts in Egypt and the Gulf

The Rule of Law in the Arab World: Courts in Egypt and the Gulf