01/01/2021
Law in Pharaonic Egypt!
The Constitution of Pharaonic Egypt. . Ruling philosophy
Ancient Egypt is the gift of the gods!
And the pharaohs were ruling the earth on behalf of their fathers, the gods!
And the law was the basis on which the Pharaonic civilization was based!
And justice was the goal that everyone aspires to!
The story of law is very interesting in Pharaonic Egypt!
Creation of the gods Egypt. And they put justice among the people on the ground. Kings shall rule according to and apply justice. So justice was very important in Pharaonic Egypt. It was an integral part of every aspect of society and its culture. Law was an essential part of the life of an ancient Egyptian. As Pharaonic Egypt created the law. The ancient Egyptian considered that the court's decisions had the greatest impact on the life of society. Outlaws were punished, and aid was provided to the affected parties. The best men from different parts of Egypt were appointed as judges to ensure justice and law enforcement.
The pharaohs were responsible for all legal matters in Egypt. And they issued decrees of a judicial nature. The minister was working directly under the command of the pharaoh, with his right hand. The pharaoh placed the minister at the head of the powerful administration in Pharaonic Egypt, and was responsible for the state's judicial system. The pharaoh and the minister delegated their judicial and administrative responsibilities to local officials.
Since the era of the Old Kingdom, Egypt was run by a group of educated employees who are scribes who have overcome the arduous task of learning to read and write. The writing class played a fundamental role in the prosperity and development of Egypt. Egyptian law developed very slowly. The laws were in effect for extremely long periods.
From this broad description of the administrative structure of Pharaonic Egypt, we cannot yet infer the manner in which law was practiced in reality. Despite the huge volume of source material available to us, no example of the ancient Egyptian codified law before 700 BC has yet to be found.
In the absence of a codified law, our knowledge of Egyptian law must be based on other available documents such as contracts, wills, trial records, and royal decrees. Unfortunately, these did not reach us in large numbers. Fortunately, there is one exception to this matter that came to us from the Deir al-Madina area of the workers' community in the era of the modern state. Over the course of several centuries, residents of Deir el-Medina's workers' community produced dozens of documents that were archived. The records left by these people span the course of the New Kingdom in Pharaonic Egypt. These texts provide important information about the daily life of these workers. It contributed greatly to our knowledge of the ancient Egyptian judicial system.
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It is difficult - based on texts such as trial records - to distinguish criminal law from other branches of law. Criminal law was not clearly defined within the ancient Egyptian judicial system. Another way to clearly define criminal cases in the legal texts of the workers' community in Deir Al-Madina was through evaluating the penalties that were implemented in the different cases. It was clear that all transgressions were equally punished.
It seems that theft was present to some extent in Deir el-Medina. We have in the records many accusations, investigations and penalties imposed. However, the sanctions did not go beyond economic sanctions as the thief was forced to return the stolen goods. In addition, he must pay compensation that can be up to four times the original value of the stolen goods. If the stolen goods are state property, the penalty is much heavier. If the stolen property was the property of the Pharaoh, then the thief was required to pay eighty to one hundred times the stolen items, in addition to corporal punishment such as beating or in rare cases, up to ex*****on.
The judicial texts issued by the workers' community in Deir al-Madina were inconclusive regarding the old Egyptian legal position on adultery and r**e. But certainly, the ancient Egyptians viewed both r**e and adultery as unlawful behavior. And they were often dealt with in the courts. As for other acts that can be called sexual misconduct such as homosexuality and prostitution, it does not appear that these were criminal offenses. And physical assault was certainly a crime punishable by law in ancient Egyptian society. There are some cases in which a person has been convicted and the perpetrator has received corporal punishment of some kind.
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The goddess Maat, the goddess of justice and the cosmic order, was a guiding principle within the ancient Egyptian society. "Associative justice" was based on living according to the principles of "Maat", and it was a collective responsibility. Hence, it is not surprising that the importance of the integrity of ancient Egyptian judges was considered exceptional. The ancient Egyptian judges were government officials who represented the pharaoh in legal and administrative matters; Therefore, any judicial misconduct will directly affect the Pharaoh. Therefore, all precautions were taken to ensure the integrity of the court, and this is evident in the texts of the workers' community in Deir Al-Madina.
Towards the end of the reign of King Ramses III, a plot to assassinate the king took place at the hands of one of the queens and a number of men of the royal palace. The plot was shared by several women from the Mecca harem, as well as ten Harem officials and their wives. Before the implementation of the plan, the betrayal of those involved was discovered and everyone involved was arrested, and the Pharaoh ordered their prosecution and the implementation of many deterrent judicial rulings against them. Since a case of this magnitude cannot be handled by an ordinary court of law, a special committee consisting of fourteen high-ranking officials has been appointed to investigate the crimes and punish the guilty.
And the cemeteries - especially those belonging to the upper class - were the target of theft, and that was a crime punishable by law, and the punishment for robbing the royal graves reached the death penalty. The High Court headed by the Minister was the one that ruled itself in the incidents of robbery of the royal graves.
This is some of all the foundations and legislation of the ancient Egyptian legal system, which clarifies that Pharaonic Egypt was the one that taught the whole world.
The Constitution of Pharaonic Egypt. . Ruling philosophy
Egypt knew the constitutional system - perhaps not in the modern sense of the constitution that included the principles of public freedoms - but the idea of "organizing the authorities" beginning in the Pharaonic era, and if laws and constitutions were biased towards the person of the Pharaoh, then we can refer to what is known as the "theory of divine right" as the basis The philosophy of absolutism in Pharaonic Egypt, where the pharaoh possessed all powers not only as the ruler based on state affairs and affairs, but more than that, as he possessed everything, through his extraordinary will, as he was the one who was good and prevented, and whoever opposed him would be doomed.
"Herodotus" believes that the Egyptian people are the most adherent to religion in the world, and perhaps that is why the ancient Egyptians' system of government was associated with religious beliefs, hence their view of the ruler as being above the human level, as he put it, as Dr. Sufi Abu Talib emphasized in his book "History of Systems." Legal and social ", the pharaoh combined the temporal and religious powers, and this link remained between the ruling system and religious beliefs and prevailed even in the Ptolemaic era and the Roman era.
And one of the results of the absolute monarchy based on the theory of divine and holy truth was that obedience to kings was considered a duty of all the parish, so no individual - regardless of the social class to which he belongs - can object or dissolve from the king's order.
"The Pharaonic monarchy did not reach the level of tyranny, meaning that the authority of the kings was not an absolute authority without restrictions, but rather it was limited by many restrictions, which reduced its release and made it a legitimate authority, although the Pharaoh was the one who determined the framework of the criterion of legitimacy."
The idea of glorifying the Pharaoh, whose depiction was abundant in ancient Egyptian myths of what came in the "famous" Torkelen Papyrus, in which Egypt was "ruled by the gods" directly thousands of years before humans tried to unify and rule it. The link that the Egyptians established between their religious beliefs, the ruling system, and the organizational view of the Pharaoh was not In the symbolic perception, they were conceived in a physical and sensual form, and they lived through that image.
Perhaps the most famous of these myths that are mentioned on the Pharaonic murals are the myth of "Isis and Osiris", which stated that the gods "Osiris" ruled the delta, and the gods "six" ruled Upper Egypt, and a dispute and conflict occurred between them, after which "Six" and his brother "Osiris" were killed. "Osiris" is the gods of good and "sets" with the gods of evil, and after "Horus" enabled "Osiris" with the help of his mother to avenge his father and kill "Set", "Horus" became gods over the whole country, but after he spread security and goodness throughout the country he decided He left the rule of the land to his sons from the pharaohs.
The myth dominated the pharaohs of the dynasties after that, but rather the mentality of the people, who became bound by that theory and I mean the "theory of divine truth" and bound by it not only in the life of the "pharaoh of the gods" but even after his death.
Perhaps one of the most important principles of Pharaonic authority was the system of inheritance, and historical documents indicated that the inheritance of the system of government in Egypt in the Pharaonic era was based on the fact that the eldest son succeeds his father in power, and the kings used to train their children to rule, and this was done by The king usually used to make his eldest son help him in ruling until he prepared him to assume the throne after him in power. This is what Dr. Mahmoud al-Saqqa referred to in his book “Philosophy and History of Social and Legal Systems,” stressing that this custom was not binding on the kings of the pharaohs, as the king in many cases took from his second son or the son of one of his wives - even if it was not the first - as his heir from After him, but those cases were only completely rare cases in the history of the throne inheritance in Egypt, as it resulted in turmoil and chaos in the state.
On the social level, a set of teachings emerged urging the establishment of a family system based on what now resembles the "Personal Status Law". Pharaonic papyri and the opinions of historians have shown a set of these charters included by Dr. Mahmoud Salam Zanati in his book "Social and Legal Systems" and Dr. Mahmoud El-Sakka In his book "Philosophy and History of Social and Legal Systems", including what Herodotus mentioned that Egyptian law in the Pharaonic era was known only to single marriage, and according to which it is not permissible for a person under his shadow to marry more than one wife. On the other hand, "Diodore of Sicily" believes that the Egyptians They knew polygamy, as they practiced the system of polygamy, and says "Sicilians" and the priest in Egypt takes one wife, while other men take wives as they desire.
Dr. Mahmoud Zanati believes that the restrictions that were restricting the spread of the wives system were divided into two parts: the first of which is the scientific restrictions, which are "the high costs of marriage, as not everyone was able to enter into a second marriage, so polygamy was limited to the wealthy and senior statesmen."
As for the second part, they are cultural restrictions, which were stipulated in the marriage contract, as stated in many papyri, that her husband must pay her an amount of money if he left her or married someone else, and the Egyptian Pharaonic law provided protection for these conditions as it granted the wife in order to obtain this compensation What is mortgaged on all the husband’s money starts from the date of the marriage contract and gives it priority over the husband’s other creditors.
Perhaps what this ancient Pharaonic law went to resemble what was mentioned in modern law what is called in the special conditions “marriage” coupon, or the so-called “right of concession” in civil law, which stipulates the right of one of the creditors to take his right before the rest of the creditors. As for contract laws, the “barter law” was famous in the first Pharaonic era, and a group of documents and contracts were found dating back to the twenty-fifth family, indicating that members of the same family used to share common money through the method of barter, so each of them becomes the owner of a specific share in it.
Swapping appeared in feudal covenants as a means of dividing the family's land among its children, because the family's ownership was inherently indivisible and inalienable, but the children of the families usually exchanged the lands that each of them owned, in order to eventually reach a kind of division of family ownership.
The exchange had a religious undertone, as it was concluded in front of the priest of the gods Amos, and the contract was written and subjected to documentation procedures.
Dr. Ahmed Ibrahim Hassan confirms in his previous book that the ancient Egyptian law defined the idea of "loan", but it was a non-interest loan due to religious beliefs and ideas that considered taking interest on the loan represented a kind of exploitation, forbidden from the religious point of view.