Jordan – 2014 results

Only religious marriages are legally recognised in Jordan, and the Personal Status Law, which sets the minimum legal age of marriage at 18, governs these. The chief justice can lower this in cases where there is a general interest. This interest is not further defined in the law, whether it is for the interest of the family tribe or the woman herself, which leaves it open to interpretation of sharia court judges (article 10/A of the Personal Status Law).^[1] There has been pressure from civil society organisations to amend the article by taking out the phrase related to interests. However, no evidence was found to indicate planned legislation to change the minimum age of marriage.

Even though a study by UNFPA claims that Jordan is a country with declining rates of early marriage^[2], the figures provided by the Jordanian Department of Statistics for the years 2009-2011 remain constant both in actual numbers and relative percentages: There are around 16,000 marriages concluded with brides aged 15-19 per year representing about 26% of the total number of marriages registered^[3].

The Personal Status Law governs parental authority. Jordanian law recognises fathers as the sole legal guardians of children.^{[4], [5]} Fathers also maintain legal guardianship of their children following a divorce. Mothers are granted physical custody of their children until they reach puberty or the age of 15 (whichever comes first), at which point it is up to the child to decide with which parent she or he wants to live. ^[6] Non-Muslim women lose custodial rights once the child reaches the age of seven.^{[7] [8] [9]} If a divorced woman remarries, she loses custody of her children, the rights of custody go first to the maternal grandmother, then the paternal grandmother, and the father is placed third in the right of the child’s custody.^[10]

The Personal Status Law governs inheritance in Jordan. Women may inherit from their father, mother, husband or children and, under certain conditions, from other family members. However, their share is generally half of that to which men of the same relationship (e.g. sister/brother) are entitled.^{[11]. [12]} Non-Muslim women married to Muslim men are unable to inherit property from their husbands unless they convert. ^[13] Under the Law of Owners, a widowed woman loses property that she has inherited from her husband if she remarries.^[14]In its Concluding Observations, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Committee notes that in rural areas, discriminatory customary practices effectively prohibit women from inheriting land.^[15]The Arab Women Organization states that women are often pressured into waiving their inheritance rights in favour of male relatives.^[16] A daughter’s share can be further diminished by parents transferring assets to sons before their death in order to circumvent inheritance rules.^[17] The Arab Women Organization notes cases of ‘honour’ crimes that have later been revealed as being linked to issues of inheritance.^[18]

Jordan has a dual legal system of civil and sharia laws.^[19] In regard to family matters, the country’s Muslim majority is governed by the Personal Status Law. Non-Muslims may apply their own personal status laws, and religious courts for each denomination adjudicate in matters relating to family and divorce for Christians.^[20] The latest amendments to the Personal Status Law were made in 2010.^[21] Sharia is the main source of legislation for the Personal Status Law, in addition to urf (customary law). Sharia courts that decide on matters relating to marriage, divorce and inheritance, administrate the law^{[22], [23]}

Jordanian family law includes provisions that grant a male blood relative (wali) the right to have guardianship (wilaya) over women in marriage in articles 14-15 of the Personal Status Law No. 36 of 2010. ^{[24][25], [26]} General guardianship over women is granted for the wali under articles 184-185 of the Personal Status Law No.36 of 2010, where he has the right to have the custody, supervise and manage his ward’s choices of education and place of residence until the age of 18 for males and until the age of 30 for females.^[27]

Men have the right to divorce their wives arbitrarily by saying three times “you are divorced”, whereas women must petition the Sharia court for divorce under a narrow range of circumstances. With effect from 2010 husband and wife must decide upon a khula divorce, whereby the wife forfeits her dowry and gives up any right to future financial maintenance, consensually.^[28] Any of the spouses can ask for a divorce, if there was a physical, verbal or emotional abuse according to the Article 126 of the Personal Status Law No. 36 of 2010.

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