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Volume 3 | Issue 5 - Crime & Punishment
Article by Francine Nicholas. Edited by Liz Goodwin. Additional Research by Jack Barnes.
Arguably, to commit a crime should entail a just punishment. Throughout Egyptian civilisation, however, this basic human right has been frequently violated. Authoritarian rule can be traced back to Ancient Egypt and the Ramesside period, to the fall of Egypt’s last pharaoh, Hosni Mubarak on 11th February 2011. Yes, this is indeed a bold claim to make. Many would argue that pharaonic rule was based on beliefs in the afterlife and the divine right of kings, with the punishments of ancient Egypt simply a reflection of the working system. Nonetheless, the argument I mean to make is by comparing 11th century BC and 21st century Egypt. These two wholly different eras reveal degrees of brutality for those who challenged the autocracy of the pharaoh and the state. The mentality of crime and especially capital punishment has maintained a firm hold on Egypt.’
‘An eye for an eye makes the whole world blind’: a principle clearly eluded in Egyptian law. What was notable about the harsh physical measures in Ancient Egypt was that the punishment of treason was death, torture was facilitated to make the accused confess and even perjury was a capital offense. For the oath in the law courts was by the life of the Pharaoh, and to swear falsely meant an injury to the king. The importance of the pharaoh’s life can be indicated in the curse: ‘there is no tomb for one who is hostile to his Majesty; but his body shall be thrown in the water.’
In some ways, this idea of crime and punishment is seen under Mubarak’s rule. Egyptian blogger Karim Amer was sentenced to three years imprisonment in 2007 for his writings. His charges included ‘defaming the President of the Republic,’ criticising Islam and Egypt’s al-Azhar religious authorities. As the first blogger to stand trial, this seemed to be a warning to other bloggers to think twice before considering criticising the government and Egypt’s reputation. Under these circumstances, the norm of retaliation from the prevailing Egyptian authority is evident.
Egyptian views on justice centre on religious beliefs. During the Ramesside period ordinary criminals including thieves had their feet beaten, their noses cut off and ears removed. For more heinous crimes, including murder, you could be burned alive or impaled on sticks. The importance of body mutilation in Ancient Egypt was that it destroyed earthly wholeness and perfection. This not only removed any chance of attaining afterlife but to obtain physical perfection, which was vital in Egyptian culture. Nonetheless, if the owner of stolen goods was merciful he could remit the fine.
This concept of attainable justice is a prominent feature in Islamic jurisdiction today. The Qur’an allows wounded parties to forfeit the right of Qisas as an act of charity or in atonement for sins. Qisas is justice that accepts the victims need to avenge themselves. This is precisely what the parents of the tortured and murdered protesters are demanding for Mubarak, maximum sentence, meaning execution for Egypt’s last pharaoh. However, Egyptian history has continued to show a commitment to hierarchy. The likelihood, therefore, of the Supreme Council of the Armed Forces sanctioning death for the victims of the Mubarak regime is highly improbable.
The question that remains is whether Egypt is now on the right course; have the revolutions rid the culture of fear that can be traced to ancient Egypt? Previously, Egyptians were always expected to exercise great loyalty and respect to their country. With the people now openly protesting to the streets demanding change, disobeying curfews and ignoring the possible repercussions. It seems they are not about to relinquish people power. Then again, since Egyptian laws on crime and punishment remain notably antique and closed off within the Arab world, it distinguishes itself from the West. In this manner, only time will tell to whether systematic torture will end and their crime and punishment legislation becomes impartial.
Facts:
1) The Ramsesside was a period in which 11 Pharaohs named Ramses ruled of the New Kingdom in Egypt. It is generally considered they ruled from 1292 BC until 1069 BC.
2) Hosni Mubarak was deposed from power in 2011 during the ‘Arab Spring’ and is currently on trial for premeditated murder of Egyptian protesters. If convicted he could face the death penalty.
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