The Egyptian Constitution makes no reference to the death penalty.

The Egyptian Constitution makes no reference to the death penalty. But, in accordance with Article 2 of the Egyptian Constitution, as amended in 1980: "Islam is the State religion and Arabic is its official language. The Sharia is the principal source of legislation."
Capital crimes are: aggravated murder, arson, abduction and rape of a female, perjury leading to the sentencing and execution of a person, hijacking, espionage, drug trafficking, political and military offences.
All capital executions must first be approved by the Mufti, the country's highest religious authority. The final decision goes to the President of the Republic who, by law, has the power to grant a pardon or commute a sentence.
State of emergency laws - imposed in 1981 Islamic extremists assassinated President Anwar Sadat - allow the government to try militants in a military court without the right of appeal. Since 1981 thousands of militants have been arrested and scores put to death.
Minors under 18 years of age are exempt from the death penalty and the execution of a pregnant woman who can only take place two months after birth.
Executions cannot take place on public holidays or religious holidays in accordance with the religion of the accused.
In 1999 the Government abolished an article of the Penal Code that permitted a rapist to be absolved of criminal charges if he married his victim. However, marital rape is not illegal.
On 10 March 2011, the Supreme Council of the Armed Forces issued a decree (Law 7 of 2011), amending the 1937 Penal Code with two articles on “Hooliganism, Terrorizing and Thuggery”, for which “the penalty shall be death if the crime is preceded or accompanied or associated with or followed by the felony of murder.”
On 1 April 2011, Egypt's military decided to authorize execution as a punishment for convicted rapists. The Supreme Council of the Armed Forces (SCAF), which has ruled Egypt since Mubarak was deposed in February, said it would allow the death sentence for rapists whose victims are under 18 or in cases where the perpetrator has a special connection with the victim, such as being the victim’s guardian or employee. The SCAF also said that anyone who rapes, threatens or attempts to rape another person will be given a harsh prison sentence. If the victim has not yet turned 18, the minimum sentence is seven years.
In June 2003, Egypt outlawed forced labour as a form of punishment.
There is very little official data available on death sentences and executions in Egypt.
According to the official announcements by the Egyptian government to the United Nations Human Rights Committee, the number of executions in 1999 was 25 and 30 in 2000. The Attorney General Maher Abdelwahed added to this list verbally at an interview he gave to the representatives of the FIDH mission, by explaining that : 28 executions took place in 2001; 49 in 2002; and 36 in 2003.
During the first nine months of 2004, the Egyptian Organisation for Human Rights (EOHR) recorded 46 death sentences.
In any case, at least 6 people were executed in 2004, since on 22 September 2004, six members of a family were executed.
No execution was recorded in 2005.
On December 18, 2008 and December 21st, 2010, Egypt voted against the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly.