In the last 100 years, the Egyptian Legal System provided the model for many other nations in the Middle East. Article 2 of the 2014 Egyptian Constitution states that Islam is the religion of the state and that the principles of shari’a are the main source of legislation. Article 3 states that “The principles of the laws of Egyptian Christians and Jews are the main source of laws regulating their personal status, religious affairs, and selection of spiritual leaders”. Article 93 states that “The State shall be bound by the international human rights agreements, covenants and conventions ratified by Egypt, and which shall have the force of law after publication in accordance with the prescribed conditions.”
Egypt’s legal system, legal profession and judiciary are relatively well respected in the Arab world. Many lawyers who are trained in Egypt, staff law firms across the richer gulf countries and beyond although standards of education of both lawyers and judges has been in decline as the numbers educated has increased exponentially in recent decades.[1] The senior judiciary in Egypt has in recent decades been noted for its attempts at professionalism and independence from the state.[2] However the speed of the justice system in Egypt has been the subject of criticism for many years. Criminal cases take on average 4 years to complete and civil cases can regularly take a decade.[3] A first instance decision in the family court can take between 12 to 18 months. A very large number of first instance decisions go to appeal and there are many more re-hearings than in e.g. the English court system.
[1]See Amr Shalakany, “‘I Heard it all Before’: Egyptian Tales of Law and Development,” Third World Quarterly 27, No. 5 (2006): 833-853
[2]See in particular the work of Nathan J Brown includingThe Rule of Law in the Arab World: Courts in Egypt and the Arab States of the Gulf (Cambridge University Press, 1997)
[3]Risley, D, Egypt’s Judiciary, Middle East Institute, 13 January 2016
Andrew Allen QC 