Fetha Negest
Encyclopedia
The Fetha Negest is a legal code
compiled around 1240 by the Coptic
Egypt
ian Christian writer, 'Abul Fada'il Ibn al-'Assal, in Arabic
that was later translated into Ge'ez
in Ethiopia and expanded upon with numerous local laws. 'Ibn al-Assal took his laws partly from apostolic writings, and partly from former law codes of the Byzantine
rulers.
, and various canons adopted at the Council of Nicaea
, the Council of Antioch, and others.
The second part, concerning issues pertaining to the laity, such as family law, debt, civil administration etc., also drew on these sources, but is attributed in large part to four books referred to as "The Canons of the Kings". Various scholars have identified these books as:
'Ibn 'al-Assal's work is thus heavily influenced by Roman law
, the first three of these sources being themselves strongly influenced by Justinian's and earlier law codes. It was originally titled Collection of Canons, but the Arabic version is more commonly known as The Nomocanon of Ibn al-'Assal. It was intended to be used by the Coptic Christians of Egypt, who regarded it as authoritative.
and entered Ethiopia
around 1450 in the reign of Zara Yaqob
. Even so, its first recorded use in the function of a constitution
(supreme law of the land) is with Sarsa Dengel
beginning in 1563.
This Ge'ez edition, ascribed to Petros Abda Sayd, is a loose translation of Ibn al-'Assal's original, and even diverges significantly in a few places where Petros evidently had some difficulty with the Arabic. Scholars have stated that the first section (the Ecclesiastical law) was already in use in Ethiopia before this time as part of the Senodos, and that the title Fetha Negest, Laws of the Kings, referred to the second (lay) part, that was new to Ethiopia.
The Fetha Negest remained officially the supreme law in Ethiopia until 1931, when a modern-style Constitution
was first granted by Emperor Haile Selassie I
. However, a completely modernised penal code had already been introduced in 1930, that took the Fetha as a starting point; and in 1921, shortly after becoming Regent, but before being crowned as Emperor, he had directed that certain "cruel and unusual" punishments mandated in the Fetha, such as amputation of hands for conviction of theft, be made to cease entirely.
Legal code
A legal code is a body of law written by a governmental body, such as a U.S. state, a Canadian Province or German Bundesland or a municipality...
compiled around 1240 by the Coptic
Coptic Christianity
The Coptic Orthodox Church of Alexandria is the official name for the largest Christian church in Egypt and the Middle East. The Church belongs to the Oriental Orthodox family of churches, which has been a distinct church body since the Council of Chalcedon in AD 451, when it took a different...
Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
ian Christian writer, 'Abul Fada'il Ibn al-'Assal, in Arabic
Arabic language
Arabic is a name applied to the descendants of the Classical Arabic language of the 6th century AD, used most prominently in the Quran, the Islamic Holy Book...
that was later translated into Ge'ez
Ge'ez language
Ge'ez is an ancient South Semitic language that developed in the northern region of Ethiopia and southern Eritrea in the Horn of Africa...
in Ethiopia and expanded upon with numerous local laws. 'Ibn al-Assal took his laws partly from apostolic writings, and partly from former law codes of the Byzantine
Byzantine Empire
The Byzantine Empire was the Eastern Roman Empire during the periods of Late Antiquity and the Middle Ages, centred on the capital of Constantinople. Known simply as the Roman Empire or Romania to its inhabitants and neighbours, the Empire was the direct continuation of the Ancient Roman State...
rulers.
Contents
The first part dealt with mostly ecclesiastic affairs, outlining the structure of the Church hierarchy, sacraments, and such matters. It was compiled from the Bible, writings of early Church fathers including St. Basil and St. HippolytusHippolytus (writer)
Hippolytus of Rome was the most important 3rd-century theologian in the Christian Church in Rome, where he was probably born. Photios I of Constantinople describes him in his Bibliotheca Hippolytus of Rome (170 – 235) was the most important 3rd-century theologian in the Christian Church in Rome,...
, and various canons adopted at the Council of Nicaea
First Council of Nicaea
The First Council of Nicaea was a council of Christian bishops convened in Nicaea in Bithynia by the Roman Emperor Constantine I in AD 325...
, the Council of Antioch, and others.
The second part, concerning issues pertaining to the laity, such as family law, debt, civil administration etc., also drew on these sources, but is attributed in large part to four books referred to as "The Canons of the Kings". Various scholars have identified these books as:
- The Procheiros Nomos, a Byzantine law code enacted by Emperor Basilius the MacedonianBasil IBasil I, called the Macedonian was a Byzantine emperor of probable Armenian descent who reigned from 867 to 886. Born a simple peasant in the Byzantine theme of Macedonia, he rose in the imperial court, and usurped the imperial throne from Emperor Michael III...
between 870 and 878; - The Arabic version of a work commonly known as "The Syro-Roman Law Book", originally written in Greek around 480;
- The Arabic version of the Ecloga, another Byzantine law code published by Emperor Leo III the IsaurianLeo III the IsaurianLeo III the Isaurian or the Syrian , was Byzantine emperor from 717 until his death in 741...
and his son in 726; - "Precepts of the Old Testament", a collection of the TorahTorahTorah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...
laws with some Christian commentary.
'Ibn 'al-Assal's work is thus heavily influenced by Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
, the first three of these sources being themselves strongly influenced by Justinian's and earlier law codes. It was originally titled Collection of Canons, but the Arabic version is more commonly known as The Nomocanon of Ibn al-'Assal. It was intended to be used by the Coptic Christians of Egypt, who regarded it as authoritative.
Later history
There are a few historical records claiming that this law code was translated into Ge'ezGe'ez language
Ge'ez is an ancient South Semitic language that developed in the northern region of Ethiopia and southern Eritrea in the Horn of Africa...
and entered Ethiopia
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
around 1450 in the reign of Zara Yaqob
Zara Yaqob
Zar'a Ya`qob or Zera Yacob was of Ethiopia , and a member of the Solomonic dynasty...
. Even so, its first recorded use in the function of a constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
(supreme law of the land) is with Sarsa Dengel
Sarsa Dengel
Sarsa Dengel was of Ethiopia, and a member of the Solomonic dynasty...
beginning in 1563.
This Ge'ez edition, ascribed to Petros Abda Sayd, is a loose translation of Ibn al-'Assal's original, and even diverges significantly in a few places where Petros evidently had some difficulty with the Arabic. Scholars have stated that the first section (the Ecclesiastical law) was already in use in Ethiopia before this time as part of the Senodos, and that the title Fetha Negest, Laws of the Kings, referred to the second (lay) part, that was new to Ethiopia.
The Fetha Negest remained officially the supreme law in Ethiopia until 1931, when a modern-style Constitution
1931 Constitution of Ethiopia
The 1931 Constitution of Ethiopia was the first document intended as a modern constitution for that country. It was promulgated in "an impressive ceremony" held 16 July 1931 in the presence of Emperor Haile Selassie, who had long desired to proclaim one for his country.In the preface to his...
was first granted by Emperor Haile Selassie I
Haile Selassie I of Ethiopia
Haile Selassie I , born Tafari Makonnen, was Ethiopia's regent from 1916 to 1930 and Emperor of Ethiopia from 1930 to 1974...
. However, a completely modernised penal code had already been introduced in 1930, that took the Fetha as a starting point; and in 1921, shortly after becoming Regent, but before being crowned as Emperor, he had directed that certain "cruel and unusual" punishments mandated in the Fetha, such as amputation of hands for conviction of theft, be made to cease entirely.