An Egyptian Judicial Perspective

Denver University Law Review

Volumn 80, Issue 4, 2003, Pages 777-782

  Mokhtar, Aly ^a,b,c  

^a Egyptian Ministry of Justice   (Afghanistan)

^b Intl Development Law Organization   (Afghanistan)

^c SUNSGLO Associates

Author keywords

[No Author keywords available]

Indexed keywords

EID: 2142657779     PISSN: 08839409     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (19)

1. E. A. WALLIS BUDGE, BOOK OF THE DEAD: FACSIMILES OF THE PAPYRI OF HUNEFER, AHHAI, KERASHER AND NETCHEMET, with supplementary text from THE PAPYRUS OF NU, Plate Ch. CXXV, pg. 4 (London: Harrison and Sons 1899). The Hunefer Papyrus is on exhibition in the British Museum.
2. Literally means to exert effort-the attempt of Muslim scholars to interpret the Sacred Texts, the Koran and the Sunna. In other words, it means that exerting the sum total of one's ability attempting to uncover God's rulings on issues from their sources.
3. M. CHERIF BASSIOUNI, THE ISLAMIC CRIMINAL JUSTICE SYSTEM XIV (Oceana Pub. 1982).
4. Hadith are the reports on the sayings and the traditions of the Prophet Muhammad or what he witnessed and approved. These are the real explanations, interpretations, and the living examples of the Prophet for teachings of the Koran. His sayings are found in books called the Hadith books.
5. Author's translation
6. See ADEL OMAR SHERIEF ET AL., HUMAN RIGHTS AND DEMOCRACY: THE ROLE OF THE SUPREME COURT OF EGYPT (Kluwer Law Int'l 1997).
7. In Islam the husband is permitted to have more than one wife. However, many rules in Islam are permitted but conditional on almost impossible conditions. Marrying more than one wife is allowed under conditions that might be impossible to comply with. In the case of having more than one wife, the condition is to be fair to all wives; that is to say that a husband should treat his wives equally. This equality also includes equality in feelings and emotions, which is impossible to achieve. Thus, unless equality and justice are fully achieved, the rule of having more than one wife is not applicable. This is because the verse in the Koran that speaks about having more than one wife reads as follows: "Marry women of your choice, two or three or four; but if ye fear that ye shall not be able to deal justly [with them], then only one. . . . Ye are never able to be fair and just as between women, even if it is your ardent desire." Qur'an Al-Nisaa (Women) 4:03, :129.
8. See Case No. 28 Judicial Year 2 (constitutional), 16th of May 1985; see also OSAMA ARABI, STUDIES IN MODERN ISLAMIC LAW AND JURISPRUDENCE 173 (Kluwer Law Int'l 2001).
9. See Case No. 28 Judicial Year 2 (constitutional), 16th of May 1985; see also OSAMA ARABI, STUDIES IN MODERN ISLAMIC LAW AND JURISPRUDENCE 173 (Kluwer Law Int'l 2001).
10. See Case No. 201 Judicial Year 23 (constitutional), 15th of December 2002.
11. The Grand Sheikh of al-Azhar is the highest Islamic authority in Egypt and the Islamic world. His authority to the Moslems all over the world could be compared to the authority of the Pope of the Vatican.
12. Egyptian Court of Cassation, 19 Oct. 1953, Compilation of the Ct. of Cassation Judgments, Year 5, No. 13, at 39; see also MAHMOUD MOSTAFA, AL-TAALIK ALA QANOON AL-OKOBAT: AL-KESM AL-AM 99 (Cairo Univ. Press 10th ed. 1983) (Commentary on the Penal Code: The General Part). Prof. Mostafa asserts that although the principle is constitutional in France, however, the judge in France has no authority to overrule the constitutionality of the substance of the laws. Thus, if a law was enacted to be applied retroactively, he should apply it.
13. Egyptian Court of Cassation, 19 Oct. 1953, Compilation of the Ct. of Cassation Judgments, Year 5, No. 13, at 39; see also MAHMOUD MOSTAFA, AL-TAALIK ALA QANOON AL-OKOBAT: AL-KESM AL-AM 99 (Cairo Univ. Press 10th ed. 1983) (Commentary on the Penal Code: The General Part). Prof. Mostafa asserts that although the principle is constitutional in France, however, the judge in France has no authority to overrule the constitutionality of the substance of the laws. Thus, if a law was enacted to be applied retroactively, he should apply it.
14. Qur'an Al-Isra' (The Night Journey) 17:15. For this translation of the Holy Koran, see ABDALHAQQ AND AISHA BEWLEY, THE NOBLE QUR'AN: A NEW RENDERING OF ITS MEANINGS IN ENGLISH (Madinah Press 1999).
15. Qur'an Al-Isra' (The Night Journey) 17:15. For this translation of the Holy Koran, see ABDALHAQQ AND AISHA BEWLEY, THE NOBLE QUR'AN: A NEW RENDERING OF ITS MEANINGS IN ENGLISH (Madinah Press 1999).
16. Qur'an Al-Qasas (The Story) 28: 59.
17. Universal Islamic Declaration of Human Rights 21, Dhul Qaidah 1401 (Sept. 19, 1981).
18. The Cairo Declaration on Human Rights in Islam (Aug. 5, 1990).
19. Despite the fact that this is a racist comment that was highly criticized by human rights proponents and that this actually led to an apology by Judge Harvey Kenny to the Nigerian woman, the issue of racism is not considered in this article.