4. THE EGYPTIAN LEGAL EDIFICE AND THE IMPACT OF THE FRENCH EXPEDITION
During Ottoman rule, the Egyptian civilization witnessed a sharp decline, followed by an upsurge which had an effective impact on Egyptian history. It was the Napoleonic expedition to Egypt which initiated a process of true knowledge of modern Egyptian civilization by the Egyptians in general and the elite in particular.
This interaction between Egyptian and French cultures gave rise to a number of significant political and social phenomena, particularly vis-à-vis Egyptian women and their quest for freedom. Another outstanding landmark was the summoning of the first Egyptian Parliament in modern times.An important event occurred when, during the first meeting of the administration (Diwan ’aam) on 15 October 1798, Napoleon proposed to apply the Napoleonic code, both civil and penal, in Egypt. He had raised the matter earlier before the members of the Scientific Association at its first meeting on 23 August 1798, when he proposed the examination of reforms that could be introduced in both the legislative and judicial systems, particularly in the civil and criminal aspects. This would involve reconsideration of criminal and civil procedures, and laws governing property, inheritance and taxation. It was, however, decided in the administration Diwan ’aam that the provisions of the Shari'a and the existing judicial system would continue to apply. But the process of practical application led to a number of changes which faced the traditional Egyptian society, such as the French commitment to the French criminal code, a step which reached its climax following Kleber's assassination. In fact the trial was carried out according to French norms which constituted the Latin aspect of modern legal civilization, and which underscored the defective application of the Shari'a by the Ottomans and the Mamelukes.
Meanwhile, the French introduced numerous changes in the judiciary by establishing a commercial court, made up of twelve merchants, half of them Copts and the others Moslems, headed by a Copt.
It devolved upon this court to settle disputes in the fields of commerce and inheritance. This experience however failed to produce the results expected of it. Jurisdiction once again fell to the Islamic judge in these matters.Meanwhile steps were undertaken by Menou to set up a new legal system in Egypt, but international political developments and internal conflicts between the leaders of the expedition, its soldiers and national resistance hampered the implementation of the project and led to the departure of the expedition from Egypt.
It may be said that the reason behind the refusal by the elite, which had established the first Egyptian Council under French occupation, to apply French laws lies in the status, class composition and intellectual make-up of this elite, which owed its allegiance to the ulemas with their various religious trends. Their strength was bound to have an impact on the existing political system and to play a role in conferring legitimacy to it. To accept foreign positive laws constituted a blow to the system and to the pivotal role played by this elite in the Egyptian society of the time.