Oasis in Time: Ancient Egyptian Legal/Justice System
It is roughly 2925 BC. Upper and Lower Egypt are finally unifying. This unification is the work of King Menes. You have witnessed the birth of Egyptian law.
This was the first law that unified any part of Upper and Lower Egypt and allowed for a central judicial system for all of Egypt.
A Map Showing Both Upper and lower Egypt, courtesy of Historicaleve.com.
The history of Egyptian law is longer and richer than that of many other civilizations, having started in 2925 BC. Its reach extends far beyond central Egypt and possibly reaches further than Egypt itself.
Court is Now in Session
No official written ancient Egyptian code of law has been preserved, likely as a result of the lack of people who could read and write at the time. Much of what we do know about ancient Egyptian law is the result of historical research. Some archaeological digs also provide useful evidence to support this research.
Some pharaohs were known as lawgivers. This is because pharaohs were the ultimate authority in determining the outcome of lawsuits.
In most cases, the pharaoh would not be directly involved in legal cases. The pharaoh usually delegated the task of attending cases to the vizier, who acted as the judge in trials. The vizier appointed magistrates as well. So, while the pharaoh was the “official” authority on the law, viziers made the decisions in the majority of civil cases.
You want to get away with your crime Scot-free? Well, don’t count on it. In ancient Egypt, You do not have the right to a lawyer.
In important or large cases, the pharaoh was the only one who was allowed to deliver a verdict. The vizier would assist the pharaoh by conducting the investigation. The pharaoh could also grant power to a special commission with the authority to pass judgement on a case.
A major difference from today’s legal system is that Egyptians did not have the right to have a lawyer present during a case. The plaintiff and defendant were required to represent themselves in court, which included presenting their own evidence.
If required, witnesses could be summoned to help support the testimony and evidence presented during the trial. Witnesses in court were not a regularity and judges tended to declare verdicts based on testimony and evidence presented by both parties.
Under Egyptian law, an individual charged with a crime was considered guilty until proven innocent. As such, defendants were often beaten to ensure they were telling the truth. If found innocent of a crime, an individual’s name was still kept on record as a suspect in the case.
Although it could be modern thinking influencing my opinion, it seems as if the verdicts would be very subjective. A judge may be tempted to rule in favour of the side they liked the most. The lack of witnesses resulted in a failure to use the testimony of others to prove or disprove the credibility of an individual.
Historians gather that crimes had harsh punishments in ancient Egypt. For infidelity, the spouse of the individual committing the crime would determine how severe the punishment would be. A wife found guilty of infidelity could face divorce, nose amputation or death by burning. An unfaithful husband could have a punishment of up to 1,000 blows, but could not receive the death penalty.
Law in Daily Life
Law was also a part of the daily life of Egyptian citizens, not just something used in court cases. When property was divided after death, it was predominantly distributed to male heirs of the property owner. There have been a few recorded cases of property being divided equally among all successors, whether male or female. This was by no means the norm, however.
Unlike the laws of many other places, Egyptian women were granted rights to own and inherit property. Even slaves, who most cultures would not have given legal rights or protection, were allowed to own property in some circumstances.
Women could also file for divorce from their husbands and people of either gender were able to be tried for infidelity.
For additional information, visit Encyclopedia Britannica’s article on Egyptian Law.
Liam Konrad
Liam is an avid reader, with a thirst for knowledge and a desire to learn from our past. He is often found exploring other worlds during his time spent reading. He is currently a second-year student in the Professional Writing program at Algonquin College.