Date of Award

2017

Document Type

Thesis

Degree Name

Master of Laws (LLM)

Abstract

The main goal of this thesis is to reform the imposition of the death penalty in the Egyptian legal system through the tools and theories of Islamic law. This subject will be discussed in three main chapters: The first chapter will be a survey of the current application of the death penalty in the Egyptian legal system, including the death penalty’s history, laws, courts, appeals, legal procedures, and general comments on the current application of the penalty. The second chapter will be about the death penalty in Islamic law – including the sources of Islamic law, the crimes that merit the death penalty, the procedural rules of the death penalty, the blood money right, the victim’s family’s right, and the maxim of legal doubt. The third chapter concerns the rules of Islamic law – which Egyptian law is supposed to follow – that should work to reform and restrict the application of the death penalty in Egypt. Finally, the last section includes recommendations for reforming the application of the death penalty in the Egyptian legal system through the tools and theories of Islamic law.

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