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International Attorneys & Business Consultants Serving the Red Sea
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Our firm specializes in and are experts in Criminal and Civil litigation Aggressive criminal defense • Property registrations in Egypt for foreign investors • Company and business creation & set up • Corporate and Tax laws and the legal system • Contracts and legal agreements between foreigners and Egyptians • Legal issues and disputes between foreigners and Egyptians • Touristic & Business Visas • Marriages and Family law foreigners and Egyptians • Drivers license & Motor Vehicle laws for foreigners who reside in Egypt • Communication & transacting with all embassies and governmental agencies • Fraud Cases and fraudulent transactions…

International Business Consultants & Attorneys At Law firm based in California and has offices in Cairo and Hurghada.
Our firm specializes in Business Consultations and Legal services.

Our professional consultants and attorneys are all trained on USA standards and have a combined experience of over 100 years.
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Please contact US by Email at MJ@redsealawyers.com OR by texting +1858.750.8887

Michael Joseph | Blue Systems Ltd.

International Business Consultants & Attorneys At Law

Remon Nazih, Expert Civil, Criminal & Corporate Law

Emad Abdo, Expert Civil Law

Wael Zakhari, Expert Criminal Law

Ehab Nashed, Certified Public Accountant

Tel: | Egypt +2 01005614833

| USA +1 8587508887

Skype: Redsealawyers

Redsealawyer@gmail.com

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 of Lille. Perhaps due to Lambert’s influence, the 1949 code followed the French civil law model. The code focuses on the regulation of business and commerce, and does not include any provisions regarding family law, which is handled by the law of the individual’s religion (e.g. family matters among Muslims follow the Shari’a). El-Sanhuri purposely left out family law and succession to set it apart from the Turkish civil code.

The code also provides for Islamic law (shari’a) to have a role in its enforcement and interpretation. Article 1 of the code provides 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.” Despite this invocation of Islamic law, one commentator has argued that 1949 code reflected a “hodgepodge of socialist doctrine and sociological jurisprudence.”[1]

The Egyptian Civil Code has been the source of law and inspiration for numerous other Middle Eastern jurisdictions, including pre-dictatorship kingdoms of Libya and Iraq (both drafted by El-Sanhuri himself and a team of native jurists under his guidance), in addition to Jordan (completed in 1976, after his death) Bahrain (2001), as well as Qatar (1971) (these last two merely inspired by his notions), and the commercial code of Kuwait (drafted by El-Sanhuri). When Sudan drafted its own civil code in 1970, it was in large part copied from the Egyptian Civil Code with slight modifications. Today all Arab nations possessing modern civil codes, with the exception of Saudi Arabia and Oman, are based fully or partly on the Egyptian Civil Code.[2]
Historical background

Egypt began legal reform since 1875 when it gained independence from the Ottoman Empire in judicial and legal matters, which led to the establishment of the Mixed Courts to deal with foreigners and national courts. This necessitated a need for a set of laws that had secular influence. When Egypt obtained the needed international agreement for the union of its legal system in 1937, it started to draw up a new series of comprehensive codes. Most of this effort was overseen by the Egyptian jurist Abd al-Razzaq al-Sanhuri. The code was originally drafted in 1942, but went through several revisions before its passage in 1949.

Its author, Al-Sanhuri, stayed loyal to his vision of having judges rule in accordance with the code itself before considering using Shari’a, which had not been codified for a long time. For the first time in the modern history of the Arab Middle East, the Shari’a would be used to back up a secular document. With the civil code as the principal source of law, all Shari’a courts were abolished. The writing of the Civil code was an attempt on the part of Al-Sanhuri to modernize Islamic law by adopting ideas from western civil law, a concept greatly supported by the elite members of Egyptian society. Westernization meant confining certain Islamic law to mostly matters dealing with personal status such as marriage, divorce, and inheritance.

British colonization led to some shift to the common law, but the common law had little long-term impact on the legal systems of many countries that fell under British rule where there was an existing codified system. Thus civil law, mostly of French origins, now prevails throughout the Middle East, and the occasional remnants of common law are likely not to survive. As a result, the modern legal systems of Middle Eastern countries share the basic features of French law, such as relying on complete and logical statements of the law in codes as official sources of law, keeping a sharp division between public and private law and between commercial and private law.[3]
Bibliography

Hoyle, Mark, The Mixed Courts of Egypt, (1991), ISBN 1-85333-321-2.

References

^ [1]
^ [2]
^ [3]

External links

Hans W. Baade, Transplants of Laws and of Lawyers, University of Texas colloquia paper
Mohamed Mattar, Islamic Law, Common Law, and Civil Law: The Place of Islamic Law in the Legal Family
Anne E. Mayer, Modern Law: Varieties in Legal Systems in Middle Eastern Countries
Egypt, Arab Republic of

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The 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 European and primarily French legal concepts and methods.

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: Islamic, 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.
Contents

1 History
2 Criminal code
3 Civil code
4 Courts
5 See also

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 British, 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.
Civil code

The Egyptian Civil Code 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.
Courts

The Supreme Constitutional Court
Court of Cassation (Mahkamt 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 Authority

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.

References : An Approach to Leagal English & Terminology – DR.Mostafa El-Morshedy
See also

Egyptian Judges’ Club

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Judiciary of Africa

Sovereign states

Algeria
Angola
Benin
Botswana
Burkina Faso
Burundi
Cameroon
Cape Verde
Central African Republic
Chad
Comoros
Democratic Republic of the Congo
Republic of the Congo
Djibouti
Egypt
Equatorial Guinea
Eritrea
Ethiopia
Gabon
The Gambia
Ghana
Guinea
Guinea-Bissau
Ivory Coast (Côte d’Ivoire)
Kenya
Lesotho
Liberia
Libya
Madagascar
Malawi
Mali
Mauritania
Mauritius
Morocco
Mozambique
Namibia
Niger
Nigeria
Rwanda
São Tomé and Príncipe
Senegal
Seychelles
Sierra Leone
Somalia
South Africa
South Sudan
Sudan
Swaziland
Tanzania
Togo
Tunisia
Uganda
Zambia
Zimbabwe

States with limited
recognition

Sahrawi Arab Democratic Republic
Somaliland

Dependencies and
other territories

Canary Islands / Ceuta / Melilla / Plazas de soberanía (Spain)
Madeira (Portugal)
Mayotte / Réunion (France)
Saint Helena / Ascension Island / Tristan da Cunha (United Kingdom)

The 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.

The Egyptian State Lawsuits Authority had been established in 1874 prior to the establishment of the Egyptian national courts in 1883.

The Authority represents the interests of the state in a variety of areas before national and international courts and arbitral tribunals. Under the applicable law, the Egyptian State Lawsuits Authority is granted the power to proceed to plead on behalf of the state even if the state itself does not like to do so and vice versa.

Organizationally, the Egyptian State Lawsuits Authority is divided into several departments, each of which is competent to represent the state before a specified kind of courts with respect to jurisdiction. All the departments are headed by their respective vice presidents, however, the president of the Authority shall preside the Department of Foreign Disputes.

The members of the Department of Foreign Disputes are in charge of representing the Arab Republic of Egypt before the International Court of Justice (ICJ), International Centre for Settlement of Investment Disputes (ICSID), Cairo Regional Centre for International Commercial Arbitration (CRCICA), International Chamber of Commerce in Paris (ICC) and any other international arbitral or judicial panel for the settlement of International Disputes where Egypt is a party thereto. The current State Solicitor Asser Harb is primarily known for his eminent international legal practice within the Department of Foreign Disputes.

In general, the main mission of the Egyptian State Lawsuits Authority is to defend the public funds and interests of the Egyptian people.
See also

Egyptian Judicial System
Egyptian Civil Code

Please contact US by Email at MJ@redsealawyers.com OR by texting +1858.750.8887

Michael Joseph | Blue Systems Ltd.

International Business Consultants & Attorneys At Law

Remon Nazih, Expert Civil, Criminal & Corporate Law

Emad Abdo, Expert Civil Law

Wael Zakhari, Expert Criminal Law

Ehab Nashed, Certified Public Accountant

Tel: | Egypt +2 01005614833

| USA +1 8587508887

Skype: Redsealawyers

Redsealawyer@gmail.com

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