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Constitution of Jordan – 6: The Judiciary

CHAPTER SIX

THE JUDICIARY

Article 97

Judges are independent, and in the exercise of their judicial functions they are subject to no authority other than that of the law.

 

Article 98

Judges of the Civil and Sharia Courts shall be appointed and dismissed by a Royal Decree in accordance with the provisions of the law.

 

Article 99

The courts shall be divided into three categories:

 

(i) Civil Courts

 

(ii) Religious Courts

 

(iii) Special Courts

 

Article 100

The establishment of the various courts, their categories, their divisions, their jurisdiction and their administration shall be by virtue of a special law, provided that such law provides for the establishment of a High Court of Justice.

 

Article 101

(i) The courts shall be open to all and shall be free from any interference in their affairs.

 

(ii) The sittings of the courts shall be public unless the court considers that it should sit in camera in the interest of public order or morals.

 

Article 102

* The Civil Courts in the Hashemite Kingdom of Jordan shall have jurisdiction over all persons in all matters, civil and criminal, including cases brought by or against the Government, except those matters in respect of which jurisdiction is vested in Religious or Special Courts in accordance with the provisions of the present Constitution ** or any other legislation in force.

 

* As amended in the Official Gazette No. 1380 of 4/5/1958.

 

** As Amended in the Official Gazette No. 1396 1/9/1958.

 

Article 103

(i) The Civil Courts shall exercise their jurisdiction in respect of civil and criminal matters in accordance with the law for the time being in force in the Kingdom, provided that in matters affecting the personal status of foreigners or in matters of a civil or commercial nature which in accordance with international usage are governed by the law of another country, such law shall be applied in the manner designated by the law.

 

(ii) Matters of personal status are those which are defined by law and in accordance therewith fall within the exclusive jurisdiction of the Sharia Courts where the parties are Moslems.

 

* As amended in the Official Gazette No. 1380 of 4/5/1958.

 

** As Amended in the Official Gazette No. 1396 1/9/1958.

 

Article 104

The Religious Courts shall be divided into:

 

(i) The Sharia Courts

 

(ii) The Tribunals of other Religious Communities

 

Article 105

The Sharia Courts shall in accordance with their own laws have exclusive jurisdiction in respect of the following matters:

 

(i) Matters of personal status of Moslems.

 

(ii) Cases concerning blood money (Diya) where the two parties are Moslems or where one of the parties is not a Moslem and the two parties consent to the jurisdiction of the Sharia Courts.

 

(iii) Matters pertaining to Islamic Waqfs.

 

Article 106

The Sharia Courts shall in the exercise of their jurisdiction apply the provisions of the Sharia law.

 

Article 107

The organisation of the affairs of Moslem Waqfs and the administration of their financial matters, among other matters, shall be regulated by a special law.

 

Article 108

The Tribunals of Religious Communities are those for the non-Moslem religious communities which have been or will be recognised by the Government as established in the Hashemite Kingdom of Jordan.

 

Article 110

Special Courts shall exercise their jurisdiction in accordance with the provisions of the laws constituting them.

 

Article 109

(i) Tribunals of Religious Communities shall be established in conformity with the provisions of laws pertaining thereto. Such laws shall define the jurisdiction of such Tribunals in matters of personal status and Waqfs constituted for the benefit of the community concerned. Matters of personal status of any such community shall be the same matters as are, in the case of Moslems, within the jurisdiction of the Sharia Courts.

 

(ii) Such laws shall determine the procedure to be followed by the Tribunals of the Religious Communities.

 

Next: Chapter 7 – Financial Matters

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