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  • Chapter 33 - On Criminal Law

  • from Part V - Judicial Manuals and Reference Books
  • Edited by Omar Anchassi, Universität Bern, Switzerland, Robert Gleave, University of Exeter
  • Book:
    Islamic Law in Context
    Published online:
    14 November 2024
    Print publication:
    21 November 2024, pp 349-356

  • Summary

    This chapter concerns an 1892 texbook on Egyptian criminal law by Muḥammad Ra’fat (d. ?), al-Durra al-Yatīma fi Arkān al-Jarīma. Exactly a decade before its publication, Egypt’s national (or native) legal system, as well as the political and moral philosophy underlying it, experienced important - both conspicuous and subtle - transformations whose character is much debated today. Ra’fat taught jurisprudence in the French section of the Khedival School of Law and his textbook was read by law students in late Ottoman (khedival) Egypt who were taught to understand the laws that govern their own society as commands of law (sing. qānūn) embodied in discrete articles of various applied legal codes. In this period, the Sharīʿa and the various rules of fiqh encompassed within the various Islamic schools of law (madhāhib) no longer explicitly governed Egypt’s criminal justice.