|
Jordan The Judiciary
The legal system of Jordan is based on sharia (Islamic
law) and laws of European origin. During the nineteenth century,
when Jordan was part of the Ottoman Empire, some aspects of
European law, especially French commercial law and civil and
criminal procedures, were adopted. English common law was
introduced in the West Bank between 1917 and 1948, during most of
which time the area was incorporated into the British-administered
Mandate of Palestine, and introduced in the East Bank during the
years 1921 to 1946, when the East Bank comprised the British
Mandate of Transjordan. Under the Court Establishment Law of 1951
and the Constitution, the judiciary is independent. There are three
kinds of courts: civil courts, religious courts, and special
courts. The civil courts adjudicate all civil and criminal cases
not expressly reserved to the religious or special courts.
The civil jurisdiction is exercised at four levels: the
magistrates' courts, the courts of first instance, the Court of
Appeal, and the Court of Cassation (the supreme court of the land).
There are fourteen magistrates' courts throughout the country. They
exercise jurisdiction in civil cases involving small claims of no
more than JD250 (JD or Jordanian dinar; for value of the
dinar--see Glossary)
and in criminal cases involving maximum fines of JD100 or
maximum prison terms of one year. The seven courts of first
instance exercise general jurisdiction in all matters civil and
criminal. A panel of three judges sits for all felony trials; two
judges sit for misdemeanor and civil cases. The courts of first
instance also exercise limited appellate jurisdiction in cases
involving judgments or fines under JD20 and JD10 respectively.
There is a three-judge panel Court of Appeal that sits in
Amman. Its appellate review extends to judgments of the courts of
first instance, the magistrates' courts, and the religious courts.
The highest court is the Court of Cassation in Amman; its
president, who is appointed by the king, serves as the country's
chief justice. All seven judges of the court sit in full panel when
important cases are being argued. For most appeals, however, only
five judges hear and rule on the cases.
The religious courts are divided into sharia courts for Muslims
and ecclesiastical courts for the minority Christian communities.
These courts are responsible for disputes over personal status
(marriage, divorce, child custody, and inheritance) and communal
endowment among their respective communities. One judge, called a
qadi, sits in each sharia court and decides cases on the basis of
Islamic law. Three judges, usually members of the clergy, sit in
each ecclesiastical court and render judgments based on various
aspects of canon law as interpreted by the Greek Orthodox,
Melchite, Roman Catholic, and Anglican traditions
(see Jordan - Religious Minorities
, ch. 2). Appeals from the judgments of the religious
courts are referred to the Court of Appeal sitting in Amman. If any
dispute involves members of different religious communities, the
civil courts have jurisdiction unless the parties mutually agree to
submit to the jurisdiction of one of the religious courts. In case
of jurisdictional conflicts between any two religious courts or
between a religious court and a civil court, the president of the
Court of Cassation appoints a three-judge special tribunal to
decide jurisdiction or to hear the case.
Special courts include the High Tribunal (or High Council or
Supreme Council), which interprets the Constitution at the request
of the prime minister or of either chamber of the National
Assembly; the Special Council, which may be called on by the prime
minister to interpret any law that has not been interpreted by the
courts of law; and the High Court of Justice, which is to be
constituted when necessary by the Court of Cassation. The High
Court of Justice hears habeas corpus and mandamus petitions and may
issue injunctions involving public servants charged with
irregularities; it is also empowered to try cabinet ministers
charged with offenses. There is also a special court known as the
Land Settlement Court. After 1976 when tribal law was abolished,
tribal matters came under the formal jurisdiction of the regular
courts, but adjudication apparently was still handled informally in
traditional ways by local intermediaries or tribal authorities.
Data as of December 1989
|
