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The Shari‘a Courts of Early Twentieth-Century Egypt
Abstract
While the Islamic legal (shari‘a) records of the Ottoman Egyptian courts have been studied extensively by scholars, those of the early twentieth century have only recently been unearthed by the staff of the Egyptian National Archives and, as a result, they have remained virtually untapped by scholars. In order to assist scholars navigate these yet to be catalogued registers, this paper details the various courts, personnel, cases, and litigants who frequented the Islamic legal system of early twentieth-century Egypt. Its registers differ tremendously from their earlier counterparts most significantly because of a wave of legal reforms the Egyptian administration launched to “modernize” the shari‘a legal system between 1897 and 1931. While British colonial officials, Egyptian nationalists, and even contemporary scholars have either criticized or downplayed the significance and success of these extensive shari‘a reforms, this paper demonstrates that they resulted in a completely revamped as well as a more bureaucratized and hierarchical legal system that constituted a major rupture in Egyptian Islamic court practices and procedures from the earlier Ottoman era. Specifically, this paper examines a series of codes passed in 1897, 1909-1910, 1923, and 1931 that regulated court operations and legal procedures; dictated the jurisdiction of the courts and selected the laws to be implemented; and outlined the selection, training, and appointment of judges, lawyers, notaries, scribes, and inspectors. It also analyzes how the new personal status laws that were passed in 1920 and 1929 were interpreted by shari‘a court judges, translated into practice in the courtrooms, and understood by litigants. This paper concludes by describing how the Islamic courts were reorganized into a clear hierarchy of lower-level and appellate courts, the types of cases adjudicated in the various sub-courts, and the kinds of litigants who aired their grievances in its courtrooms.
Discipline
History
Geographic Area
Egypt
Sub Area
19th-21st Centuries