Thus it may be seen that the custom of the country was upheld as a source of law, and natural law and equity, a major basis of Mixed Court jurisprudence, were both expressly included. In recent years, however, the overriding factor has been Islamic law, and this is now enshrined in the 1971 Constitution, as amended. The Shari’a is the principal source of legislation, and thus it follows that a more “Islamic” interpretation of the law will be in evidence. The Mixed Courts interpreted their codes in an Egyptian manner; the difference now is that an Islamic view, rather than simply an Egyptian one, will be taken, even though it can be argued that as the quality and confidence of the Egyptian judiciary grew in the years to 1949 the type of natural law and equity which was applied in the Mixed Courts was likely to be a blend of Muslim and Christian principles that eventually became more Muslim than Christian. The judges were not simply technicians, but interpreted rules, customs, and laws to give justice in Egypt. The 1949 code confirmed or re-established the Islamic viewpoint, and can be seen as influenced by the Mixed Courts jurisprudence only indirectly. The Mixed Courts were established in 1875 to reform a chaotic situation. Their immediate effect was to make the Capitulatory Regime in Egypt less intolerable, because their establishment cured multiple ills, and stopped the fraudulent pursuit of claims by foreigners against the Egyptian government and other public Egyptian organisations. A step forward in the unity of jurisdiction was the establishment of the Native courts in 1883, using codes based on the Mixed Codes. The Native courts and the Mixed Courts were national Egyptian courts. On their merger they became the National Courts. Thus, giving justice in the name of Egypt, the Mixed Courts were Egyptian courts, and entitled to be regarded as such. Their codes were Egyptian codes and, together with the precedent that arose, were applied as Egyptian law to be used in the forum set aside for “mixed” disputes. There was a continuous creation, evolution, and progress in the law so that judgments were by no means restricted to simple interpretation of the relevant codes. Judgments were oriented towards the litigant. The question was, could the law help the parties and not, could the parties fit in with the written codes or existing law? People were no longer afraid of litigation, and the foremost principle of the
rule of law, that no one, not even the ruler, was above the law was radical change for Egypt in the 1870s. Foreign influence, and diplomatic and political claims against the Egyptian government, gave unscrupulous foreigners rights quite inconsistent with natural justice and equity. However, the establishment of the Mixed Courts reduced foreign abuse of the Egyptian system. Egypt before 1875 was a battleground of powerful forces. Foreign power was often exercised at the expense of Egyptian sovereignty. All this changed after 1875, as order grew from disorder and legal confidence was established. The Mixed Courts imposed the rule of law and thus began the transition of Egypt from a feudal country into a modern and structured state, with a legal climate conducive to commercial and social progress. One of the reasons the judgments of the Mixed Courts were respected and trusted was that they were not seen by Egyptians as foreign law. In a slow and gradual way the consensus of Egyptian opinion shifted from favor to abolition. The Mixed Courts still had enough familiar principles to retain the confidence of the foreign community. An efficient system of law and enforcement obviated any necessity for self-help. Egypt was a notoriously litigious country. It was to the benefit of her inhabitants from 1875 that a proper channel of dispute settlement existed between foreigners, and between foreigners and natives. Parties felt that disputes should be left to settlement by the courts. They became conscious of having certain loosely defined rights. The practice of free legal aid meant that no one was denied justice through an ability to pay. Further, enforcement litigants could see that redress was available and real. The Mixed Courts had only lasted for 74 years, an insignificant period of time in comparison to Egyptian history, but covering years of profound change in Egypt, and often initiating or facilitating such change. 1949 saw the penultimate step in providing Egypt with a unified and modernized system of law, definitely Egyptian but clearly Western influenced. ==Conclusion==