This Country Profile provides a basic overview of the legal history and institutional structures of the Hashemite Kingdom of Jordan (Al Mamlakah al Urduniyah al Hashimiyah), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Jordan's Constitution, Islamic law (sharīʿa or fiqh) is a principle source of legislation.
Country Background
Jordan is a landlocked country located in the Middle East. It is bounded by Saudi Arabia, Israel, the Palestinian Territories, Syria, and Iraq. The capital of Jordan is Amman. The official language is Arabic. The country's population in 2017 was approximately 10.2 million. The official religion of the country is Islam. Jordan is a predominantly Muslim country, with about 97% of the population Muslim (majority Sunnī). Jordan is a member state of the Organisation of Islamic Cooperation and Arab League.
Constitution & Legal Structure
After gaining its independence from Britain in 1946, and the Israeli-Arab War of 1948, the Constitution of Jordan was adopted in 1952. The Constitution established Jordan as a parliamentary constitutional monarchy. The system of government is based on principles of separation and checks and balances and has three branches: legislative, executive, and judicial. The King has both legislative and executive powers, and retains the power to promulgate and ratify laws, direct the enactment of regulations, ratify treaties and agreements, declare war, conclude peace, dismiss the Prime Minister, appoint senators, adjourn and suspend the Chamber of Deputies, and is the commander in chief of the armed forces. The King, Prime Minister, and Council of Ministers exercise the executive functions of government. The Senate and Chamber of Deputies are the higher and lower houses of the National Assembly, which exercise the legislative functions. The King also has some power in legislative matters. Various civil, religious and special courts exercise the judicial power. Additionally, a newer Constitutional Court was created in October 2013, with the intent to guarantee a respect for the Constitution and to enforce a greater separation of powers. The legal system of Jordan is a mixed system developed from codes instituted by the Ottoman Empire (based on French law), British common law, and Islamic law. Jordan has "advanced status" with the European Union and is part of the European Neighborhood Policy (ENP).
Constitutional Status of Islamic Law
Islamic law is referenced throughout the Constitution of Jordan, including Islam being the official religion and sharīʿa a principal source of legislation. Furthermore, the Constitution states that the King must be Muslim, and that the government is beholden firstly to sharīʿa. No law may be made that violates Islamic law. The Constitution also grants freedom of religion to all groups of people, but prohibits the conversion of a Muslim.
Jurisdiction(s) of Islamic Law
No law may be passed that violates Islamic law. The King must be Muslim. Furthermore, the courts applying sharīʿa have the jurisdiction to settle all cases related to personal status; thus, religious minorities face some discrimination in matters dealt with in family courts.
Dominant School of Islamic Law
Muslims are subject to the jurisdiction of Islamic law courts, which rely on the Ḥanafī school.
Sources of Law for Legal Research
Official Publications
Unofficial Databases
References:
For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].