Jordan Travel Guide
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Jordan Legal System and Legislation
Jordan's legal system is based on Islamic law and French codes. Judicial review of legislative acts occurs in a special High Tribunal. It has not accepted compulsory International Court of Justice jurisdiction.
Jordan has multi-party politics. There are over 30 political parties in the Jordan from a wide range of positions ranging from extreme left to extreme right.
Article 97 of Jordan’s constitution guarantees the independence of the judicial branch, clearly stating that judges are 'subject to no authority but that of the law.' While the king must approve the appointment and dismissal of judges, in practice these are supervised by the Higher Judicial Council.
The Jordanian legal system draws upon civil traditions as well as Islamic law and custom. Article 99 of the Constitution divides the courts into three categories: civil, religious and special. The civil courts deal with civil and criminal matters in accordance with the law, and they have jurisdiction over all persons in all matters, civil and criminal, including cases brought against the government. The civil courts include Magistrate Courts, Courts of First Instance, Courts of Appeal, High Administrative Courts and the Supreme Court.
The religious courts include shari’a courts and the tribunals of other religious communities, namely those of the Christian minority. Religious courts have primary and appellate courts and deal only with matters involving personal law such as marriage, divorce, inheritance and child custody. Shari’a courts also have jurisdiction over matters pertaining to the Islamic waqfs. In cases involving parties of different religions, regular courts have jurisdiction.
Specialized courts involve various bodies. One such body is the Supreme Council which will interpret the Constitution if requested by either the National Assembly or the prime minister, according to Dew et al.: "...such courts are usually created in areas that the legislator deems should be governed by specialized courts with more experience and knowledge in specific matters than other regular courts." Other examples of special courts include the Court of Income Tax and the Highest Court of Felonies.
The strictly military courts of the martial law period have been abolished and replaced with a State Security Court, which is composed of both military and civilian judges. The court tries both military and civilians and its jurisdiction includes offenses against the external and internal security of the state as well as drug-related and other offenses. The findings of this court are subject to appeal before the High Court.
Both Article 102 of the Constitution and the Code of Criminal Procedure mandate the right of an accused person to a lawyer of his or her own choice during the investigation and trial period. Article 22 of the Code of Criminal Procedure also provides that a lawyer has the right to attend the interrogation unless the investigation is confidential or urgent. Article 28 of the Code of Criminal Procedure declares that detainees should be brought before a court within 48 hours of arrest, even in special security cases, giving them an opportunity to have full access to legal counsel.
Prior to 2002 Jordan’s legal system only allowed men to file for divorce, however, during this year the first Jordanian woman successfully filed for divorce; this was made possible from a proposal by a royal human rights commission which had been established by King Abdullah who had vowed to improve the status of women in Jordan.
Despite being traditionally dominated by men the number of women involved as lawyers in the Jordan legal system has been increasing. As of mid-2006 Jordan had 1,284 female lawyers, out of a total number of 6,915, and 35 female judges from a total of 630. In Jordan, between 15 and 20 women are murdered annually in the name of "honour" and at least eight such killings have been reported in 2008, according to Jordanian authorities. In 2007 17 such murders were recorded.
Jordan Travel Informations and Jordan Travel Guide
Jordan History: Modern Jordan
Jordan Geography - Jordan Climate - Jordan Administrative Divisions
Jordan Demographics - Jordan Ethnic Groups - Jordan Religion - Jordan Language - Jordan Immigration
Jordan Politics: Jordan Constitution - Jordan Legal System & Legislation
Kings Jordan & Political events - Jordan Parliament: Term - Jordan Political Parties - Jordan Human Rights
Jordan Economy: Brain Drain and Brain Gain - Jordan Natural Resources: Natural gas - Oil shale - Phosphate - Uranium
Jordan Transportation - Jordan Currency & Exchange Rates - Jordan Tourism: Nature Reserves
Influence of the Southwest Asian conflict - Jordan Foreign Relations - Jordan Military: Army - Navy - Air Force
Peacekeeping Abroad - Jordan Defense Industry - Jordan Police - Jordan Culture - Jordan Health
Jordan Language - Jordan Quality of liife - Jordan Globalization
Jordan Education: Jordan School Education - Jordan Higher Education
Jordan Tourist Attractions: Amman - Agaba - Ajloun - Azrak Wetland Reserve - Baptism Site - Beida - Dana Nature Reserve
Dead Sea - Desert Castle - Jerash - Kerak - Madaba - Ma'in - Al Mujib Nature Reserve - Mukawer - Mount Nebo - Pella
Petra - Shaumari Wildlife Reserve - Shobak - Um El Jimal - Um Qais - Um Rassas - Wadi Rum