Ma’at & Justice : Criminal Justice System of Ancient Egypt Civilization

1. Introduction to Ma'at

The concept of Ma'at in Ancient Egypt was to ensure balance, order, and justice in society. The idea of law both modern and ancient, originated from one basic idea: justice. Justice governed the lives of ancient Egyptians because they saw no difference between divine and human justice. It had religious, ethical, and moral connotations and became the focal point of the legal system. If they were obeyed, the principle of Ma‛at would be upheld, but if one went against them and committed an offense, the law could be applied against him. The unique integration of law and morality ensured harmony prevailed with the strict application of laws against those who violated these principles.

2. Ma'at & Justice

The legal system of ancient Egypt is deeply rooted in the concept of Ma’at, which represents truth, balance, and order. Ma’at comes from the Egyptian word M3‛t, which means "that which is straight" or "true." Ma'at is central to Egyptian culture and is reflected in their religion, art, and daily life. It is similar to the concept of natural law in Western philosophy. It is not merely a theological concept but serves as a guiding principle for legal practices.

The ancient Egyptians were much more interested in justice than law, which is difficult for modern mentalities to understand. The courts often operated under her ideals, with judges often referred to as “priests of Ma'at", emphasizing their duty to administer justice by her values. The pharaohs were considered the earthly embodiments of Ma'at, tasked with upholding her principles through their decrees and actions. Their responsibilities include establishing Ma'at on earth and expelling injustice, oppression, and violence (isfet). The influence of Ma'at is deeply rooted in Egyptian spirituality and law as illustrated by the Weighing of the Heart ceremony, where a deceased person's heart was weighed against Ma'at feather to determine moral worthiness.

3. Law as a manifestation of Ma'at

The concept of Ma'at not only influenced daily lives but also formed the core of the legal system.

The purpose of the hpw (the Egyptian word for law) was to realize Ma'at on Earth the, link between them was the king. During the Middle Kingdom t governance was widened to extend justice to the entire society through royal decrees and edicts, creation of new laws, and the reforming of existing legal stipulations. The old rule of the god-king was replaced by the “rule of the just laws”.

While Egyptians lived according to the principles of Ma‛at, the king had dual responsibility: living by the principles of Ma‛at and maintaining balance in society. Although the king was the supreme judge and lawmaker, much of his power was delegated to officers. The king’s viziers often acted as judges, but the important matters were still referred to the king. Local courts, such as the lower court at Deir el-Medina in the New Kingdom, resolved disputes & provided objective arbitration ` to citizens. Impartiality, rhetoric, oaths, and curses were core concepts and essential components of basic fairness, which dictated that people “who are situated similarly ought to be treated similarly before the law". A structured judicial system was created to ensure the principles of Ma'at in everyday life.

4. Structure of the Judicial System

The structure of the legal system and the laws were believed to have been handed down by the gods from the Predynastic Period (6000 BC - 3150 BCE) to 30 BC.

The judicial system was a judicial hierarchy. The king was the main representative of the ancient Egyptian gods. Below him was the king’s vizier, who was responsible for the overall administration of the justice departments, hiring magistrates, and controlling local or regional courts if needed.

The legal system was regional, with individual districts called “nomes” governed by their nomarch and steward. Early judges were often priests who relied on divine guidance to make decisions rather than analyzing evidence or testimonies.

Most advancements occurred in the Middle Kingdom (2040 BCE - 1782 BCE). The legal system began to be more structured and rationalized by hiring professional judges to preside over all the courts. The establishment of a professional police force that imposed the law, apprehended the suspects to put them in custody, and stood in court to testify also happened in the Middle Kingdom.

A hierarchy of courts was established.

Seru: Comprised of village elders & handled local cases.

Kenbet: operated on regional and national levels. It created laws and assigned punishments.

Djadjat: served as the supreme court. Ensured laws aligned with the principles of Ma'at (justice, balance, and order).

If the Seru failed to reach a verdict, cases escalated to the Kenbet or Djadjat.

4.1 Social Disputes & Rights of People.

The ancient Egyptians were considered law-abiding citizens throughout their history, but records show they had disputes over water and land rights, livestock ownership, and the right to a hereditary title or a job. The king’s main vizier acted as the supreme judge, plus all the court cases were under the authority of lower civil officers.

One of the major disputes was inheritance. The ancient Egyptians had transfer documents in place of a will that stated who gets a portion of the estate. The courts would oversee cases of infidelity, abuse, and divorce.

There was gender equality, women had the power to sue for divorce just like men also had the power to sue over business arrangements and legal sales. Cases that involved infidelity were made by both sexes.

4.2 Role of Medjay

Ancient Egyptian law enforcement was characterized by the significant role of Medjay , a paramilitary police that evolved from a semi-nomadic Nubian group into a policing body during the New Kingdom. Medjay became integral in managing order and enforcing laws. When apprehending criminals, the Medjay could issue summons compelling individuals to attend hearings. If a person resisted arrest, they could be forcibly brought in, often resulting in physical punishment for those who attempted to evade justice.

Communal participation played a vital role in ancient Egyptian civilization by supporting Medjay and local officials. People used to report offenses, which fostered a sense of unity and accountability among society's members. This reinforces the idea that law enforcement is not the sole duty of the officials but of society as a whole. Key offenses and their consequences reveal the moral and social values that underpin their legal framework.

5. Key crimes & Punishments

The concept of lawyers didn’t exist in ancient Egypt and the burden of proof lay on the individuals. False charge was seen as an illegal offense, as the credibility of the court was questioned. The witnesses were beaten and if they were caught lying then he/she would suffer punishment including amputation or even drowning.

1. Murder: The ancient Egyptians valued life, but they used the death penalty as a measure to serve as a deterrent and preserve future lives. Guilty individuals underwent psychological and physical torment before execution to set a strong example. Methods of execution included being burned alive, fed to crocodiles, or other forms as determined by judges.
2. Adultery: It was a serious crime and was seen as violating the sanctity of marriage. Based on the Bulaq Papyrus, Inscriptions of Ani, and Leed Papyrus, punishments included genital mutilation and burning. If adultery was proved with a married woman, the death sentence was given in such cases. If the married woman is caught, then the husband has the power to decide her fate or leave it to the court. If the husband were caught, then he would be subjected to a thousand lashes, which were considered a lenient sentence.

3. Theft: The thieves were required to pay 2-3 times the value of the goods stolen, and if they stole from society, the fine could be as much as 180 times the stolen value. Theft also included the theft of cemeteries (grave robbing), which was considered a crime against society and gods, especially when it involved the robbing of royal tombs. Punishments for grave robbing were beating, cutting off their hands if the mummies were left untouched, and in some cases, they were sentenced to death.

4. Rape: The act of rape shared the same punishment as adultery, which included genital mutilation and burning, which was based on the Bulaq papyrus, the inscriptions of Ani, and the Leed papyrus. The ancient Egyptians considered any form of sexual transgression, such as rape, domestic violence, and harassment as heinous crimes and had severe punishments.

5. Treason: It was treated as one of the heinous crimes that affected the stability of the state and pharaoh. The offenders were executed and it was applied to all social classes, especially if the accused were close to the king. One of the most famous instances of royal treason was during the times of Ramses III when he selected an heir who was not the son of his middle-class wife, an event famously known as "The Harem Conspiracy Against King Ramses III.". The plot failed, and the culprits were sentenced to death & their bodies thrown in the river; some committed suicide and others were sentenced to have their noses and ears cut off.

6. Conclusion

The legacy of ancient Egyptian civilization rooted in Ma'at offers valuable lessons about morality and justice. To enforce the principles of Ma'at strong punishments were inflicted on the offenders. They believed that a person is guilty until proven innocent, reinforcing the seriousness of justice. The Legal principles were based on divine consultations rather than evidence-based trials. From these ancient practices, we can draw lessons on the importance of strong legal measures in modern systems to preserve justice and social harmony.

7. References

1. Fatma Farag Abd el-Hay, Ancient Egyptian Society and The Philosophy of Law, Vol.43,AAFU,389,2015
2. Nicolaas Johannes van Blerk, Evaluation of Justice in Law from an Ancient Egyptian Perspective, Vol.6, African Journal of Democracy & Governance,23,2019
3. Alexandre Alexandrovich Loktionov, The Development of the Justice System in Ancient Egypt from the Old to the Middle Kingdom, Robinson College, University of Cambridge,2019
4. Trips Egypt, Crime and Punishment in Ancient Egypt, https://surl.li/bxmlbb(last visited: 26 Jan 2025)
5. Scielo, The Emergence of Law in Ancient Egypt : The Role of Ma’at, https://surl.li/svgkrx (last visited: 26 Jan,2025)

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