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Can Sarah Khalifa’s Death Sentence Be Overturned? How Egypt’s Appeal Process Works

Sarah Khalifa’s death sentence could be overturned or reduced on appeal, although neither outcome is guaranteed. The ruling handed down by the Cairo Criminal Court on Saturday, 5 September 2026, is not yet a final, enforceable judgment.

The 39-year-old Egyptian television presenter was one of 12 defendants sentenced to death by hanging after being convicted of offences linked to an organised drug-trafficking operation and the possession of unlicensed firearms and ammunition.

Nine other defendants were sentenced to life in prison, while seven were acquitted. Khalifa denied the charges during the proceedings and has the right to challenge the judgment.

Khalifa’s Death Sentence Remains Under Appeal

Egypt introduced a two-tier system for felony trials under Law No. 1 of 2024, allowing both defendants and prosecutors to appeal judgments handed down by first-instance felony courts.

The Court of Cassation says the legislation allows an appellate felony court to reconsider the substance of a case, rather than restricting appeals to narrowly defined procedural issues.

Khalifa’s case may therefore be reviewed by a higher court before the sentence becomes final. Depending on its assessment of the evidence and legal arguments, the appellate court could uphold the conviction and sentence, reduce the punishment or set aside the judgment.

A death sentence cannot be carried out while the legally required review process remains incomplete.

The Role of Egypt’s Grand Mufti

Before imposing a death sentence, an Egyptian criminal court must seek the opinion of the Grand Mufti, the country’s senior Islamic legal authority. The judges must also reach a unanimous decision on the punishment.

However, the Mufti does not convict defendants or make the final decision. According to an official explanation from Dar al-Ifta, the opinion is consultative and is not legally binding on the court.

Referral to the Mufti is therefore a mandatory stage in a capital case, but it does not prevent an appeal and should not be described as final approval for the execution.

How Khalifa Could Challenge the Judgment

Her defence may ask the appellate felony court to reconsider the evidence, the reasoning behind the conviction, the application of the law and any alleged procedural irregularities that may have affected the fairness or validity of the trial.

An appeal does not automatically lead to a retrial or acquittal. The defence must identify grounds for changing or overturning the judgment, and the appellate judges will decide whether those arguments warrant intervention.

The grounds for any appeal have not yet been set out in an official filing available to the public. It would therefore be premature to say whether the sentence is likely to be upheld or overturned.

Possible Review by the Court of Cassation

After the appellate stage, the case may also reach Egypt’s Court of Cassation, the country’s highest court for criminal appeals.

The Court of Cassation generally examines whether the law was applied correctly and whether the proceedings met the necessary legal requirements. Its role is to review legal and procedural issues rather than conduct another full trial on the same evidence.

In an official submission published by the United Nations, the Egyptian government said capital cases receive heightened judicial scrutiny before a sentence becomes final and enforceable. It also said that Cassation review has resulted in death sentences being commuted in previous cases.

Khalifa can challenge her sentence through Egypt’s appeals system. Whether it is overturned, reduced or upheld will depend on the courts’ assessment of the judgment and the arguments presented by her defence.

Originally published on IBTimes UK

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