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Egyptian Law and Criminal Justice System

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by

Madeline Brady

on 7 March 2014

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Transcript of Egyptian Law and Criminal Justice System

What Guides Lawmaking in Egypt?
-Supreme Law in Constitution
-Egyptian Civil Code (ECC) of 1948
- Napoleonic Code
- Sharia (Islamic) Law
Sharia (Islamic) Law
*Based on the teachings of the Qur'an and life of the prophet Muhammad.
-developed by Muslim scholars in early years
-classifies human actions as either permitted or prohibited
-Further Classification:
-Obligatory
-Recommended
-Neutral
-Objectionable
-Forbidden
"Hudud punishments are the severe penalities prescribed by shari'a for offenses defined as being against God himself. The punishments for these crimes are seen as divinely ordained and cannot be changed by humans. These include 100 lashes or stoning to death as punishment for adultery; 80 lashes for false accusation of adultery; amputation of limbs for theft; 40 or 80 lashes for drinking alcohol; imprisonment, amputation or death (by crucifixion in serious cases) for highway robbery; and the death penalty for apostasy from Islam. Methods of execution for apostasy can include decapitation, crucifixion, burning, strangling, drowning, impaling, and flaying." -Discover The Networks: A Guide To Political Left (Website)
Egyptian Law and Criminal Justice System
How are laws distinguished for different segments of society?
What are Egypt's laws pertaining to prostitution? What about violence?
What is Egypt’s position on capital punishment?

How are Egypt’s laws and criminal justice systems similar and different to those of the US?


Napoleonic Code
Where Its Influence Came From:
-Napoleon invaded and occupied Egypt (1789-1801)
-Ottoman sultan sends an Albanian regiment to revolt against Napoleon's occupation
-European troops withdraw and create anarchy in Egypt
-Mohammed, an officer in the Albanian regiment, proclaims himself pasha (highly ranked officer) in 1805 and forces the Ottoman sultan to recognize him as the governor of Egypt
-Egypt gains independence from the Ottomans in 1874
-inequality
-discrimination

Men Superior To Women
- women seen as “deficient in intelligence, morals and religion, and must therefore be protected from their own weaknesses” ("What Is Shar'ia?")
-not seen as equals
Inequality/ Crimes Against Humanity
-A man's testimony is valued more than a woman's in legal standings
-women receive half as much inheritance as brothers
-Men may have 4 wives, women may have 1 husband
-Men are allowed to divorce wife but women need permission from husband
-Female genital mutilation in widespread muslim communities is seen as essential for preserving a woman’s chastity (purity regarding sexual relations) and maintaining the family’s honor
-women are required to dress more modestly
Discrimination Against Other Religions
-Only Muslims are considered full citizens
-Jews and Christians are
dhimmis ("
protected", "permitted to live")
-They are not allowed to hold a position in political office that would place them above a Muslim
- Allowed to live in Egypt as long as...
-they do not bear arms
-are aware of their lower societal status
-treat Muslims with respect
-pay a special poll tax
-do not misbehave
-do not testify against a Muslim in court
-practice faith privately inside synagogue or church
-do not share faith with a Muslim



Works Cited
-prostitution is illegal
-violence against women has increased

Laws
-prostitution has been illegal since 1949
-Men are not held accountable for participating in the use of prostitutes
-men often serve as witnesses against prostitutes
-Women found guilty serve between 3-36 months in jail or pay fine
-victims of trafficking are not put on trial
-illegal for a minor (16 years or younger) to be married
-minors, if found guilty of prostitution, are sent to corrective centers (possibly treated worse than in adult prisons)
Violence
-Muslim Brotherhood and Civil unrest in Egypt has increased harassment and violence against women
-Mervat Al-Talwi and United Nations' Commission on the status of Women (commission dedicated to ensuring the equality of women
-Muslim brotherhood claims that this impedes upon Sharia law because it: gives women sexual freedom, allows women to choose partners, and would raise the legal age for being married
Capital Punishment
-Egypt Conducts Capital Punishment
-Only listed method of execution is by hanging
-mandatory death penalty does not exist
United States vs Egypt
-capital punishment
-no mandatory death penalty
-constitutional government
-prostitution is illegal
-has more listed methods of execution (lethal injection, hanging, shooting, etc.)
-promotes gender and religious equality
-due process
-marriage age varies by state, however the most common age for marriage without parental consent is 18 for both men and women (in Missouri, legal age with parental consent is 15)

-constitution based mainly off of Sharia (Islamic) Law
-law limits equality amongst citizens
-legal marriage age for women: 16
Works Cited
"100 Countries and Their Prostitution Policies." ProConorg Headlines. ProCon.org, 23 Dec. 2013. Web. 12 Feb. 2014.
Abdel Wahab, Mohamed S. "An Overview of the Egyptian Legal System and Legal Research." NYU Law Global. GlobaLex, Oct. 2006. Web. 17 Feb. 2014.
Bluhm Legal Clinic. "Egypt." The Death Penalty Worldwide. Northwestern Law, 1 Oct. 2012. Web. 14 Feb. 2014.
"EGYPT: Minors Sold for Prostitution under Guise of Marriage." IRINnews. UN Office for the Coordination of Humanitarian Affairs, 16 Nov. 2006. Web. 13 Feb. 2014.
Masriya, Aswat. "ElBaradei Praises Role of Egypt Women in Adopting UN Declaration Against Violence." Africa News Service COMTEX 17 Mar. 2013: n. pag. Global Issues in Context. Web. 14 Feb. 2014.
"Mohammed Ali." Encyclopedia of World Biography. 1998. World History in Context. Web. 18 Feb. 2014.
Trust Law. OVERVIEW OF TRAFFICKING AND PROSTITUTION LAWS IN THE MIDDLE EAST AND AFRICA OVERVIEW OF TRAFFICKING AND PROSTITUTION LAWS IN THE MIDDLE EAST AND AFRICA. N.p.: Trust Law, 2012. Thomson Reuters Foundation, Nov. 2012. Web. 14 Feb. 2014.
"United States of America." The Death Penalty in. European Union, 1 Oct. 2012. Web. 19 Feb. 2014.
"What Is Shar'ia?" Barnabas Aid 2007: I-Iv. Web. 18 Feb. 2014.
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