Law of Jordan
The Law of Jordan is influenced by Ottoman law and European laws. The Great Arab Revolt 1916 threw out Ottoman rule. In 1920, the San Remo Conference gave mandate powers to the British. When the mandate ended in 1946 shortly after WWII, Amir Abdullah was crowned king of the now independent state of Jordan. A parliamentary system headed by the King was established. The Constitution of Jordan of 1952 affirmed Islam as the state religion, but it did not state that Islam is the source of legislation. Arabic was established as the official language. However, it also recognized religious and ethnic pluralism by banning discrimination based on race, language, or religion. Personal freedoms pertaining to expression, worship, press, opinion, scientific research and literary, and assembly are protected, but subject to possible limitation by law. Jordan is under the penal code that was established in 1960, and heavily influenced by the French Penal Code of 1810 as well as the Lebanese Criminal Law of 1943.
Historical background
Jordanian law is influenced by Ottoman law. Until 1918, the Kingdom of Jordan was part of the Ottoman Empire and its legal system consisted of Shari'a courts whose decisions were based on the four schools of Islamic law. These four madhabib are: Hanafi, Maliki, Shafi'i, and Hanbali. While secular courts have been established under the Jordanian government in modern times, areas of personal status still fall within the jurisdiction of religious shari'a courts.Tribes were very important in Jordan and the tribes had varied legal traditions. During the Tanzimat reforms of the Ottoman legal system, the Ottoman Mecelle was introduced to Jordan.
The 1917 Ottoman Family Code forms the basis of modern Jordanian personal status laws.
Modern era
The first Constitution of Jordan was adopted in 1948. This started the process of creating a national legal system in the Post-Ottoman period. Both the 1948 and 1952 constitutions of Jordan affirm that Islam is the state religion. The first Jordanian Law of Family Rights was enacted in 1947; it was replaced by the Law of Family Rights 1951. In 1952 the Jordanian Law of Personal Status was enacted. The first modern Shari'a courts were established in Jordan in 1951. These courts are based on the Hanafi school, but Jordanian laws about women draw on Maliki law.Under the 1952 Constitution shari'a courts have exclusive jurisdiction over matters regarding the "personal status" of Muslims, including marriage, divorce, guardianship and inheritance. Shari'a courts also exercise jurisdiction over Muslim religious endowments, "purely religious affairs" and the reconciliation of blood feuds through blood money. In cases concerning blood feuds the shari'a courts have exclusive jurisdiction if both parties involved are Muslim. In cases where one party is Muslim and the other non-Muslim, the shari'a courts will have jurisdiction only if the non-Muslim party agrees to trial before a shari'a court.
Major areas of law
Criminal law
Jordanian criminal law is based on the Ottoman Law of 1858, which in turn is based upon the French Penal Code of 1810. In 1960 Jordan issued Criminal Law no. 16. This law was strongly influenced by the Lebanese Criminal Law of 1943, which borrowed provisions from the French Penal Code regarding penalties for crimes committed against women.Jordanian law classifies crimes and their respective punishments by severity. Most severe are felonies which are punishable by death, life imprisonment, or long-term imprisonment. Misdemeanors are less severe and sentenced up to 3 years in prison or a fine. Notable crimes in this category include sex outside of marriage, adultery, and blasphemy which prohibits anyone from demeaning religions and their followers and insulting prophets. The least severe offense are infractions, which are very minor and usually have a small fine attached.
"Honor crimes" are special type of crime as well. It is stated in Article 340 of the Penal Code and allows for the killings of girls or women accused of sexual transgressions, in order to cleanse family honor. Perpetrators receive more leniency with their punishments under this condition. For example, a man may kill his sister for "family honor" purposes and receive a lesser sentence. However, due to public pressure and international influence, this is slowly changing. Men were able to invoke Article 98 which stated allowed for reduced penalties for crimes committed in a "fit of fury." However, in 2017, this was amended to disallow such mitigation for crimes against women, aiming to address the injustice of these honor crimes However, a loophole still exists in article 340 that allows lenient sentences for the murder of a spouse found red-handedly committing adultery.
Personal status law
The Personal Status law is the family law applies to all disputes involving Muslims and the children of Muslim fathers. Many Jordanian Christians voluntarily accept the jurisdiction of the Personal Status law in matters regarding inheritances.Marriage
The legal age of marriage has been increased to 18, but at the chief justice's discretion this may be lowered to 15. All Jordanian Muslims are required to be married under Islamic law. Article 19 of the Personal Status law allows women to place conditions on their marriage contracts, within certain limitations. As most women are not aware of this right, it is rarely used in practice. Women's rights advocates suggest that a list of possible conditions attached to the contract would to inform women of their rights under Jordanian law. The Jordanian government has elected to adhere to the Maliki school in some matters, which has restricted women's marriage rights. Muslim men can marry non-Muslim women, but Muslim women are not allowed to marry non-Muslim men. Hanafi law, which is the dominant influence in Jordan, does not require the consent of a male guardian for a woman to marry. However, under the law applied in Jordan a woman can not marry without the permission of either a Shari'a judge or a male guardian.Divorce
Filing for divorce in Jordan does require legal proceedings through the Shari'a courts. Either husband or wife can initiate the divorce process. For Muslim men, they can unilaterally divorce their wife by pronouncing "talaq" without without any reason and without the need for court permission. As for Muslim women, there are two ways to go about initiating divorce:- Khul' : This requires the wife to initiate divorce by returning her dowry and renouncing financial rights, requiring the husband's consent and potentially court intervention if an agreement isn't reached.
- Judicial Divorce: If the husband does not consent to a divorce, the wife can petition the Shari'a courts. The wife must provide a valid reason for seeking divorce. These grounds include: harm or physical abuse, a husband's prolonged absence or imprisonment, failure to provide maintenance or shelter, non-payment of the dower, or a husband's severe medical condition. The wife must provide sufficient evidence for each of her complaints, and usually these hearings take years to resolve.
Custody
The Personal Status law does not allow women to have guardianship over children, though this would be allowed under Islamic legal principles. In Jordan, fathers are granted wilaya, which refers to legal authority over the child, while mothers are given hadhana, which refers to physical care of the child. However, hadhana can be taken from a mother if she is found to be ‘unfit’ or remarries. Mothers are granted custody of their children, until the age of 15, but fathers possess the right to determine their children's education, country of residence, medical treatment, and religious upbringing.Women must have the approval of their male guardians until the age of 30. Normally this is their father, brother or uncle. Once she is married, the husband becomes the primary guardian. Their approval is required for marriage, traveling abroad with children, and work outside the home. Failure to adhere to the male guardian's wishes is punishable by jail.
Commercial law
Jordan's commercial law is designed to attract foreign investment and regulate trade, business, and investment activities. Much of this was established during the Ottoman Empire with European influence to open up markets. Since then, it has undergone several amendments to addressing emerging market challenges that protect both domestic and international interest. Jordan's commercial legal framework is primarily governed by the Companies Law No. 22 of 1997, which outlines the formation, regulation, and dissolution of various company types, including General Partnerships, Limited Partnerships, Limited Liability Companies, Private Shareholding Companies, and Public Shareholding Companies.Commercial law falls under the private law category. It is mainly concerned with the protection of business and consumers and the regulation of business activities. The Jordanian Civil Code contains the Law of Obligations and Contracts which are vital in Jordan for the functioning and operation of business domestically and abroad. Treaties are ratified by the legislation before they become effective. Both public and private sectors are governed by a single set of laws and regulations. To enforce these, the Jordanian Temporary Laws and Regulations Act 2015, No. 30 has aimed to improve the transparency and accessibility of temporary laws by requiring that they be published in the official newspaper and on the internet. They are treated as permanent unless another act is passed to annul them. Other government agencies such as the Ministry of Industry and Trade keep businesses accounted for are also present.
The main idea of Jordanian commercial law is to transmit the system from a centrally directed economy to a market-oriented to enable economic growth. Jordan believes it is compulsory to create an environment for healthy competition and enterprise. Compared to more common law practices, Jordan emphasizes mandatory registration and protective agency rights. Especially as it pertains foreign investment, Jordan is more restricted and bureaucratic in its practices. Especially as it pertains to media sources such as newspapers, radio broadcasts, and news outlets are substantially regulated in order to "maintain cultural relevance". There are also caps foreign ownership caps in Jordan. For instance, in the financial services sector, including banking and insurance, foreign ownership is typically capped at 50%. Incentives for foreign investments exist to partner with local companies to protect both national interest and foreign investment.