Something in common: the enduring influence of English law on legal systems across MENA
English Law Focus
In the GCC, for instance, commercial laws were shaped by English common law, with a particular focus on principles such as contractual freedom, commercial arbitration and the development of trade and business law.
Law Update: Issue 377 – English Law
Matthew HeatonPartner, Head of Office - QatarBanking & Finance
Disclaimer: This Article expresses the opinions of the author and should not be viewed as a substitute for tailored legal advice
Zaha Hadid, the renowned Iraqi-British architect, believed that “life in the Middle East is quite different from other places.” That is undoubtedly true: the Middle East and Africa (MENA) region is characterised by its rich cultural, political and historical diversity. The region has always been a melting pot of ideas and concepts from around the world. Amongst these varied influences, the legacy of English law, stemming largely from British colonial rule and its widespread global reach, has played a significant role in shaping the legal systems of several MENA countries.
The British Empire had a substantial presence in the MENA region, particularly during the 19th and early 20th centuries. The British presence in the region has had lasting effects on local legal systems. Key examples include Egypt, Iraq and the countries of the GCC, where English law has left a profound mark.
GCC: Countries such as Bahrain, Kuwait, Qatar and the UAE, which were under British influence during the 19th and early 20th centuries, saw the introduction of English legal principles. Although Islamic law remained dominant initially, British legal influence was evident in commercial law, real estate transactions and corporate governance.
Egypt: Under British control from 1882 until 1952, Egypt’s legal system was profoundly shaped by English common law. The British introduced a secular, codified legal system based on the French Napoleonic Code but with significant English law influences. This created a hybrid system blending elements of Islamic law with principles of English common law, particularly in civil law matters such as commercial transactions and contracts.
Iraq: Following the British mandate in Iraq after World War I, the legal system adopted many aspects of English law, especially in commercial, property and contract law. British advisers were instrumental in drafting key legal codes, including the Iraqi Civil Code of 1951, which mirrored aspects of both the French and English legal traditions.
One of the key features of English law that has impacted MENA legal systems is the tradition of common law. Common law is based on case law and judicial precedents rather than on codified statutes. This aspect of English law has influenced various MENA legal systems, especially in countries where British influence was strong.
In the GCC, for instance, commercial laws were shaped by English common law, with a particular focus on principles such as contractual freedom, commercial arbitration and the development of trade and business law. In addition, English law’s approach to dispute resolution, especially in international commercial matters, has been adopted in many MENA countries. The use of arbitration, with institutions like the Dubai International Financial Centre (DIFC) Courts and the Qatar International Court and Dispute Resolution Centre (QICDRC), reflects a growing tendency to use English-style mechanisms for resolving disputes. These bodies often apply English common law principles, which are trusted internationally for their fairness and efficiency.
In Egypt, the influence of common law is visible in the structure of its legal system, where case law plays a significant role alongside the codified civil law framework. The legal profession itself, influenced by English training and methods, has helped create a legal culture that mirrors English traditions, especially in the business and commercial sectors.
The most significant and lasting impact of English law in the MENA region is in commercial and financial law. The concept of contract law, which is a cornerstone of common law, has greatly influenced the way business is conducted in many MENA countries. Commercial laws in many MENA countries were modified to incorporate English legal principles, particularly in relation to contracts, trade and property law. The laws of the Dubai International Financial Centre, the Abu Dhabi Global Market and the Qatar Financial Centre are explicitly based on English law and its concepts and principles.
Contracts and negotiations: The principle of freedom of contract, which is a fundamental aspect of English law, has been adopted across much of the MENA region. This concept allows individuals and businesses to freely enter into contracts with minimal interference from the state. English law’s influence in this area can be seen in the widespread use of English language contracts and common law principles in commercial dealings.
Corporate governance and international trade: In the Gulf region, many commercial laws were restructured in the image of English law to encourage foreign investment and facilitate international trade. English law has provided a model for corporate governance, with well-defined frameworks for directors’ duties, shareholder rights and corporate responsibility. The development of business hubs like Dubai has been heavily influenced by English commercial law principles.
Banking and finance: The establishment of global financial centres in MENA, such as the Dubai International Financial Centre (DIFC) and the Qatar Financial Centre (QFC), which effectively operate under English common law, reflects the region's embrace of English financial legal principles. The DIFC and QFC courts, in particular, apply common law, making it an attractive venue for international dispute resolution in the financial sector. This has helped boost MENA’s position in the global financial markets.
While English law has undoubtedly had a significant influence on MENA’s legal systems, there have been challenges in fully integrating these principles within the region's cultural and religious contexts. In many MENA countries, Islamic law (Shari’a) continues to play a dominant role, particularly in personal status laws, family law and criminal law. The integration of English legal principles into such systems has required careful adaptation.
Islamic law v English law:In countries like Saudi Arabia, where Shari’a is the primary source of law, the challenge has been to adapt English legal concepts to a framework that respects Islamic principles. This has been more apparent in commercial law, where English-based systems have been introduced to govern trade, business and banking.
Cultural sensitivity: The adoption of English legal principles must also contend with the region’s cultural and social norms. In matters such as family law, inheritance and personal conduct, Islamic law’s influence remains strong, and English law’s applicability in these areas is limited.
Hybrid systems:In many MENA countries, a hybrid legal system has emerged. For example, in Egypt and Jordan, while Islamic law influences family matters, commercial laws are often based on civil and common law traditions. The use of English law in these countries is generally confined to matters of business and finance, with special courts established to handle disputes in these areas.
The impact of English law on the legal systems of the MENA region has been profound, especially in the areas of commercial law, dispute resolution and corporate governance. While Islamic law remains deeply embedded in the region's legal framework, particularly in personal matters, English law has been successfully integrated into commercial and financial systems, creating a unique blend of legal traditions.
As MENA countries continue to modernise and integrate into the global economy, the influence of English law is likely to grow, particularly in sectors such as international business, finance, and arbitration. However, the challenge will remain to balance this with the region's Islamic legal traditions, ensuring that English law’s benefits are realised while respecting the cultural and religious values of the MENA region.
For further information,please contact Matthew Heaton.
Published in May 2025
