The Unconstitutionality of the Agriculture Land's Ownership of the Registered Beneficiaries at the Official Social Document

Document Type : Original Article

Author

The British University in Egypt Faculty of Law

Abstract

This study aims to analyze the Supreme Constitutional Court’s ruling in Egypt no. 236 for a judiciary year no. 26, on May, 5th, 2018, headed by Chief Justice Abdelwahab Abdelrazik, and with the membership of Justices Dr. Hanafy Aly Gebaly, Mohamed Khairy Taha Al-Nagar, Dr. Adel Omar Sherif, Bolous Fahmy Iskandar, Dr. Mohamed Emad Al-Nagar, Dr. Abdelaziz Salman, and with the attendance of Justice Tarek Abdelalim Abo-Elata the chief of the Advisory Board, and the Court Secretary, Mr. Mohamed Nagy Abdelsamie.

The Article that presents a case commentary analyses the court’s rulings and its legal reasoning considering the implementation of the Islamic legislative norms in its reasonings as legal positive norms based on the Second Article of the Egyptian Constitution stating that “…. Islamic law principles are the main legislative source.” This analysis is conducted on three levels: A) to what extent this ruling explicitly implements Islamic legislative norms, B) to which extent this ruling implicitly implements these norms, C) and finally, whether there were Islamic legislative norms the court was able to implement, and they would be effective, yet the court did not mention. This article also evaluates the techniques and dynamics of implementing Islamic legislative norms in this ruling.

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Main Subjects

International Journal of Doctrine, Judiciary and Legislation
Volume 6, Issue 1
Issue 1, 2025
February 2025
Pages 96-113

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