JORDAN1 OVERVIEW of MUSLIM FAMILY LAWS & PRACTICES (Updated As at 31 May 2017)

JORDAN1 OVERVIEW OF MUSLIM FAMILY LAWS & PRACTICES (Updated as at 31 May 2017)

Description Family Law Matter Legislative Framework Case Law Policy Procedure Practice Equality of spouses in marriage Article 6(1) of the Constitution Jordan has reserva- According to the states that Jordanians shall be tions to Article 9(2) 2016 UNDP Human Is there a Constitutional provision equal before the law and that and Articles Development on equality and are there excep- there shall be no discrimination 16(1)(c), (d) and (g) Report, Jordan tions? Are there specific laws that between them in rights and duties of CEDAW.10 ranked 86 on the recognise marriage as a partner- on the basis of race, language, or UNDP Human ship of equals i.e. are family laws religion. Gender equality is not The Government of Development Index and/or other laws relating to mar- specifically mentioned.2 Jordan in its 2006 and 111 on the riage and family relations codified report to the UNDP Gender or uncodified? If codified, what Article 6(4) of the Constitution CEDAW Committee Inequality Index.14 are the titles of all the applicable states that the family is the basis explained that under laws? If codified, do these laws of society and is founded on reli- Jordanian law, mar- According to Jor- apply to all citizens irrespective of gion, morality and patriotism. It riage is not based dan’s 2012 Popula- religion? If not, do these laws ap- also commits the law to preserve on equality of rights tion and Family ply to all Muslims or are there dif- its legitimate entity and strengthen and duties for hus- Health Survey, ferent codified laws for different its ties and values.3 band and wife, but about 13% of sects within Islam? If uncodified, on reciprocity of households in or if codified laws do not suffi- The Jordanian Personal Status such rights and du- Jordan are headed ciently address a particular issue, Act (JPSA) is the main codified ties. As such, “the by women.15 how is the issue addressed e.g. law that governs matters relating concept of equality what Muslim school of law is ap- to marriage and family relations of between spouses According to civil

1 This Musawah project to map Muslim Family Laws globally was led by Zainah Anwar and coordinated by Lead Researcher Sharmila Sharma, with substantive support from Salma Waheedi and students at the International Human Rights Clinic, Harvard Law School. For this Jordan country table, we would also like to thank Katherine Gonzalez and Divya Srinivasan from Harvard Law School, and Dr. Wafa Awni Al-Khadra, Dr. Afaf Jabiri, Ayesha Al-Omary and Justice Center for Legal Aid for their inputs in its preparation.

2 Article 6(1) of Jordan’s Constitution (1952), https://www.constituteproject.org/constitution/Jordan_2014.pdf?lang=en 3 Article 6(4) of Jordan’s Constitution (1952), https://www.constituteproject.org/constitution/Jordan_2014.pdf?lang=en

plicable? Do these laws explicitly the majority Muslim population in cannot be made to society and media state gender-stereotypical roles Jordan.4 In the absence of codi- fit into the existing reports, since there between husbands and wives e.g. fied laws that sufficiently address legal system.”11 is no concept of civil the husband is the head of the a particular matter of personal marriage in Jordan household or the wife is the pri- status of Muslims, generally, the In its 2010 report to and Muslims and mary caregiver? rules of Hanafi jurisprudence the CEDAW Com- Christians are gov- (fiqh) apply.5 mittee, the Jordani- erned by their own Applicable CEDAW Provision an government reit- distinct personal Article 16(1)(c) The JPSA applies to all Muslims erated this position status laws, Chris- Paras. 17-18 GR21 regardless of their sect. Diversity stating that despite tian women who Paras. 54-55 GR29 within the Muslim community in demands from many marry Muslim men Jordan is relatively new to Jordan women’s organisa- often find it difficult due to the influx of refugees from tions, reservation to to exercise some countries such as Iraq, Syria, Su- Article 16(1)(c) of rights, such as ob- dan, and Yemen.6 CEDAW is main- taining a divorce tained because: (i) it and custody and Despite the equality guarantee of is incompatible with guardianship of their Article 6 of the Constitution, the Shari’ah; and (ii) the children.16 JPSA does not provide for equali- husband and wife ty of rights and duties between have different the husband and wife in marriage. responsibilities. The Article 6 does not apply to Muslim husband is personal status matters. Article financially 103(2) of the Constitution pro- responsible during vides that where the parties are the marriage and Muslim, matters of personal sta- the waiting period in tus fall within the exclusive juris- the event of divorce diction of the Shari’ah Courts.7 (iddah), whereas the

10 United Nations Treaty Collection Website, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&clang=_en 14 UNDP, “Human Development Report 2016”, Table 5, pp. 214-217, http://hdr.undp.org/sites/default/files/2016_human_development_report.pdf 15 Jordanian Department of Statistics and ICF International, “Jordan Population and Family Health Survey 2012”, Table 2.7, p. 20, https://dhsprogram.com/pubs/pdf/FR282/FR282.pdf 4 Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 5 Jordan State party report, U.N. Doc. CEDAW/C/JOR/3-4 (2006), para. 243, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 6 Information obtained from Jordanian advocate, February 2017 7 Article 103(2) of Jordan’s Constitution (1952), https://www.constituteproject.org/constitution/Jordan_2014.pdf?lang=en. See also Articles 105-106

wife is not Instead, the JPSA provides for a responsible from marital framework based on ‘re- that standpoint.12 ciprocal’ or ‘complementary’ rights (as opposed to ‘equal’ rights) be- In its 2015 report to tween the two spouses, whereby the CEDAW Com- in return for maintenance and pro- mittee, the Govern- tection from her husband, a wife ment of Jordan stat- is expected to obey him. Thus, ed that given the while the JPSA promotes kind current decline in treatment, mutual respect and support for women’s care between spouses in the in- rights in many states terest of the family, it also re- in the Middle East quires the wife to obey her hus- and North Africa, band and provides that a hus- including in Jordan, band’s duty of financial mainte- “the issue of lifting nance is conditional upon the reservations has to wife’s duty to move to the hus- be dealt with very band’s marital home, not leave it sensitively and without permission or valid ex- gradually” and “in a cuse, and not prevent the hus- manner that balanc- band from entering the home.8 es the promotion of women’s human Marriage and family relations of rights with the obli- Jordan’s non-Muslim minority gation to reject communities (e.g. Christians) are whatever contradicts governed by their own ecclesias- the provisions of

11 Jordan State party report, U.N. Doc. CEDAW/C/JOR/3-4 (2006), para. 248, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 16 Information obtained from Jordanian advocate, February 2017; Nadine Nimri and Orion Wilcox as translator, “When converting to Islam becomes a means of evading legal consequences”, 7iber, 30 December 2015, https://www.7iber.com/society/when-converting-to-islam-becomes-a-means-of-evading-legal-consequences/; Aaron Magid, “Looking for a better divorce settlement, Jordanian Christian men convert to Islam”, Al Monitor, 21 December 2015, http://www.al- monitor.com/pulse/originals/2015/12/jordan-law-christians-convert-muslims-women-divorce.html. It is also relevant to note that under Article 28(b) of Personal Status Law No. 36 of 2010, Muslim women are not allowed to marry non-Muslims, http://www.farrajlawyer.com/viewTopic.php?topicId=153 8 Articles 60-62, 77-78 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153

tical courts in matters of personal Islamic Shari’ah.”13 status.9

Minimum and equal legal age The minimum legal age for mar- When considering The Government of Minimum age verifi- According to for marriage riage is 18 for females and males whether to allow a Jordan in its 2015 cation is conducted UNICEF’s State of as per Article 10 of the JPSA. girl under the age of report to the by a judge who con- the World’s Children Is there a minimum age of mar- However, Article 10 also provides 18 to get married, CEDAW Committee firms the age of both 2016 report, 8% of riage? Are there exceptions to the that a judge may permit girls and the judge has to laid out specific parties at the time of women aged 20- 24 minimum age (e.g. min. age at 18, boys below 18 to marry if it is consider whether: (i) measures that it has contracting the mar- in Jordan were first with exceptions to 16)? Is there deemed to be in their interest.17 the groom has the carried out to pre- riage.24 In addition, married by 18.26 an absolute minimum age without financial capacity to vent child and both parties are re- exceptions? Is there equality in Article 10 does not permit a judge support his bride forced marriage quired to present According to UN the minimum age of marriage? to authorise the marriage of girls and pay the dower among Syrian refu- proof of their identity World Marriage Da- Does the minimum age of mar- and boys below 15.18 Neverthe- (mahr); and (ii) the gees in light of the (which includes age) ta 2015, the average riage match the age of majority? less, in extremely rare cases marriage has prevalence of such prior to the registra- of first marriage Is there a minimum age verifica- (such as pregnancy), a judge may recognised marriages within the tion of their mar- among Jordanian tion process before the marriage authorise the marriage of girls benefits.22 community in Jor- riage.25 females rose from is concluded? below 15, in which case, the reg- dan. These include 24.2 in 2009 to 25.0 istration of the marriage is put on setting up a Shari’ah in 2012 and among Applicable CEDAW Provision hold until she has turned 15.19 court in the Zaatari males, from 29.2 to Article 16(2) refugee camp and 29.8 during the Paras. 36-39 GR21 Article 279 of the Penal Code the opening of an same period.27 A criminalises violating any of the office of the Mafraq media report indi- provisions of the JPSA with re- Shari’ah Court in the cated that Jordani- spect to contracting a marriage; a camp to document ans are getting mar- prison penalty that ranges be- marriage contracts ried at a later age tween one to six months applies in order to confirm due to the increas-

12 Jordan State party report, U.N. Doc. CEDAW/C/JOR/5 (2010), para. 302, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 9 Jordan State party report, U.N. Doc. CEDAW/C/JOR/3-4 (2006), para. 243, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 13 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 108, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 17 Article 10 of the Personal Status Act (2010), , http://www.farrajlawyer.com/viewTopic.php?topicId=153 18 Article 10 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153; Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 109, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 19 UNICEF, “A Study on Early Marriage in Jordan”, 2014, p. 6, https://www.unicef.org/jordan/UNICEFJordan_EarlyMarriageStudy2014-E_COPY_.pdf

to the marriage officer as well as marriage and rela- ing cost of marriage parties to the marriage.20 tionship and avoid and the stagnant job exploitation of wom- market.28 The minimum legal age for en.23 marriage matches the legal age of According to a 2012 civil majority. Under Article 43(2) report by the Su- of the Civil Code, the legal age of preme Judge’s De- civil majority is also 18 for both partment, 12.6% of females and males.21 marriages registered with the Shari’ah courts involve girls under the age of 18.29

According to reports by UNICEF, civil society and the media, Jordan is experiencing a rise in early marriages among Syrian girls following an influx of Syrian refugees into Jordan:

• There are in-

22 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 109, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 24 Supreme Judge Department Website, http://www.sjd.gov.jo 25 Civil Status Department Website, http://www.cspd.gov.jo/SubDefault.aspx?PageId=186&MenuId=120 26 UNICEF, “The State of the World’s Children 2016”, Table 9, pp. 150-153, https://www.unicef.org/publications/files/UNICEF_SOWC_2016.pdf 27 United Nations Population Division, “World Marriage Data 2015”, https://esa.un.org/ffps/Index.html#/maritalStatusData 20 Article 279 of the Penal Code (1960), http://www.wipo.int/edocs/lexdocs/laws/ar/jo/jo064ar.pdf 21 Article 43((2) of the Civil Code (1976), http://www.wipo.int/wipolex/en/text.jsp?file_id=227215 23 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 13, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 28 Nadine Ajaka, “Waiting longer to marry in Jordan”, Al Jazeera, 2 May 2014, http://www.aljazeera.com/news/middleeast/2014/02/waiting-longer-marry-jordan- 201421972546802626.html 29 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 110, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx

stances of Syrian refugee girls contracted into marriages by their parents, who wor- ry about sexual harassment or poverty in the refugee camps;30

• 48% of Syrian refugee girls who marry before 18 marry a man who is at least 10 years older;31

• Many Syrian girls living in refugee camps get married even before they turn 15,32 and as such, these marriages are not being registered in the Jordanian Shari’ah Courts;33

30 Save the Children, “Too young to wed: The growing problem of child marriage among Syrian girls in Jordan”, 2014, p. 4, https://www.savethechildren.org.uk/sites/default/files/images/Too_Young_to_Wed.pdf 31 Mark Anderson, “Child marriage soars among Syrian refugees in Jordan”, The Guardian, 16 July 2014, https://www.theguardian.com/global- development/2014/jul/16/child-marriage-syria-refugees-jordan 32 Mohammad Ghazal, “Child Marriage on the Rise among Syrian Refugees”, The Jordan Times, 11 June 2016, http://www.jordantimes.com/news/local/child-marriage- rise-among-syrian-refugees; Mark Anderson, “Child Marriage soars among Syrian refugees in Jordan”, The Guardian, 16 July 2014, https://www.theguardian.com/global-development/2014/jul/16/child-marriage-syria-refugees-jordan; 33 UNICEF, “A Study on Early Marriage in Jordan”, 2014, pp. 6, 31, https://www.unicef.org/jordan/UNICEFJordan_EarlyMarriageStudy2014-E_COPY_.pdf

• Some men manage to marry Syri- an girls who are younger than 15 by crossing the border into Syria with the girl and her guardian and getting married in Syria.34

According to a report by the Norwe- gian Refugee Coun- cil and the International Human Rights Clinic at Harvard Law School, while the law provides for a prison sentence for performing or assisting in performing an illegal marriage, in practice, imprisonment is very rare.35

34 Information obtained from Jordanian advocate, February 2017 35 Norwegian Refugee Council and International Human Rights Clinic at Harvard Law School, “Registering Rights: Syrian refugees and the documentation of births, marriages and deaths in Jordan”, 2015, Footnote 72, p. 39, http://hrp.law.harvard.edu/wp-content/uploads/2015/11/Registering-rights-report-NRC-IHRC- October20151.pdf

Women’s consent to marriage Regardless of their age, both pro- The Government of A girl who is being According to a com- spective brides and grooms must Jordan in its 2006 forced into a mar- prehensive study by Is a marriage valid without the consent to the marriage.36 Con- report to the riage has the right to the Norwegian woman’s consent? Is the practice sequently, ijbar marriages are CEDAW Committee speak up and inform Refugee Council of forcing women to marry against prohibited. explained that “a the judge hearing and International their will (ijbar) prohibited? Is forced marriage is her case of her re- Human Rights Clinic there a standard marriage con- Article 279 of the Penal Code deemed to be what fusal to enter into at Harvard Law tract? If so, what are its broad criminalises violating any of the the Shari‘ah terms the marriage.43 School that is provisions and is there anything provisions of the JPSA with re- fāsid (literally “de- documented in a particular in the contract that spect to contracting a marriage; a fective”, “voidable”).” There is a standard- couple of reports, ought to be highlighted on the prison penalty that ranges be- As such, the mar- ised marriage con- there is a growing basis that it advances women’s tween one to six months applies riage contract “is tract. It is available problem of unregis- rights or otherwise? Is it mandato- to the marriage officer as well as null and void so long on the Supreme tered marriages in ry to register a marriage? parties to the marriage.37 as the consent of Judge Department Jordan among Syri- the parties has not website.44 an refugees. Since Applicable CEDAW Provision The mandatory registration of been obtained, but if arriving in Jordan, a Article 16(1)(b) marriages is provided for in Article it is obtained, the The procedure for large number of Syr- Paras. 15-16 GR21 36 of the JPSA and non- contract becomes registration of mar- ian refugees have Paras. 25-26, 33-34 GR29 compliance with the marriage valid. If the woman riages is available married. Data registration requirements is penal- persists in refusing on the website of analysed by ised.38 However, the non- to give her consent, the Jordanian e- UNICEF indicates registration of a marriage does the contract is inval- Government.45 that in 2013, nearly not invalidate the marriage, as idated.”40 3,000 marriages long as the conditions of a valid While the non- between Syrians in marriage as outlined in the law In its 2010 report to registration of a Jordan were are met.39 the CEDAW Com- marriage may not registered in the mittee, the Jordani- necessarily invali- Jordanian Shari’ah

36 Articles 6-7 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 37 Article 279 of the Penal Code (1960), http://www.wipo.int/edocs/lexdocs/laws/ar/jo/jo064ar.pdf 38 Article 36 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 39 Articles 6-29 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153; Norwegian Refugee Council and International Human Rights Clinic at Harvard Law School, “Registering Rights: Syrian refugees and the documentation of births, marriages and deaths in Jordan”, 2015, p. 18, http://hrp.law.harvard.edu/wp-content/uploads/2015/11/Registering-rights-report-NRC-IHRC-October20151.pdf 40 Jordan State party report, U.N. Doc. CEDAW/C/JOR/3-4 (2006), para. 247, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 43 Information obtained from Jordanian advocate, February 2017 44 Supreme Judge Department Website, http://www.sjgov.jo/Pages/viewpage.aspx?pageID=204 45 Jordan e-Government Website, https://goo.gl/Jd1j2E

an government reit- date a marriage, it is courts; for the first erated that “[u]nder important to officially quarter of 2014, the Jordanian register marriages. figure was just over legislation, in order Women in unregis- 1,600 marriages. for a marriage tered or informal The number of contract to the valid, marriages risk being unregistered binding and deprived of certain marriages among effective, it must be rights that would the Syrian refugee concluded freely have been available population in Jordan and with the full and to them had their is unknown, but it is valid consent of both marriages been believed to be parties, unaffected officially registered substantial given by any form of such as their right to that many young influence upon financial Syrian women and either the woman or maintenance from men are reaching the man.”41 their husbands.46 marriageable age in They also deprive Jordan every year. In addition, the children born in Syrian refugee cou- Government of such marriages from ples who have failed Jordan explained accessing social to register their mar- that “[u]nder services, such as riages risk grave Jordanian healthcare and edu- consequences, in- legislation, in order cation, due to the cluding not being to be official, a lack of official doc- able to obtain identi- marriage must be umentation such as fication cards or registered before birth certificates.47 gain access basic the Shari‘ah courts Some of the ad- services for their in the case of verse impact of un- children born in the Muslims, and take registered or infor- marriage.50

41 Jordan State party report, U.N. Doc. CEDAW/C/JOR/5 (2010), para. 301, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 46 Jordan State party report, U.N. Doc. CEDAW/C/JOR/5 (2010), para. 301, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 47 Norwegian Refugee Council and International Human Rights Clinic at Harvard Law School, “Securing Status: Syrian Refugees and the Documentation of Legal Status, Identity, and Family Relationship in Jordan”, 2016, https://www.nrc.no/globalassets/pdf/reports/securing-status.pdf; Norwegian Refugee Council and International Human Rights Clinic at Harvard Law School, “Registering Rights: Syrian refugees and the documentation of births, marriages and deaths in Jordan”, 2015, pp. 14-23, 26-29, http://hrp.law.harvard.edu/wp-content/uploads/2015/11/Registering-rights-report-NRC-IHRC-October20151.pdf 50 Norwegian Refugee Council and International Human Rights Clinic at Harvard Law School, “Securing Status: Syrian Refugees and the Documentation of Legal Status,

place in a church in mal marriages may the case of be mitigated by ob- Christians. The taining a declaration purpose of this is to from the Shari’ah preserve and protect court in a proof of the rights of both marriage (Ithbat parties and the zawaj) or proof of children in respect lineage (ithbat of financial and nasab) case.48 The personal obligations, procedures and re- such as inheritance, quirements of proof which is contingent of marriage and lin- on marriage and eage cases are descent, and the available on Jor- wife’s right to a dan’s e-Government nuptial gift and website.49 maintenance.”42 Women’s capacity to enter into Regardless of her age, a prospec- When considering The Government of According to the marriage tive bride who is getting married whether to override Jordan in its 2006 Jordanian govern- for the first time requires the con- a marital guardian’s report to the ment, while the law Is consent of a marital guardian sent of a marital guardian (wali) to objection to the mar- CEDAW Committee allows wives to in- (wali) required? If so, can a wom- enter into marriage. The guardian riage, the judge will explained that the clude provisions an choose her own wali? Can a must be a Muslim and a male rel- consider the finan- requirement for a expanding their mar- woman go before a court or other ative of the prospective bride (e.g. cial capacity of the martial guardian is ital rights in the mar- competent authority to seek per- grandfather, father, brother, uncle, prospective in accordance with riage contract, mission to marry if her wali refus- etc.).51 groom.59 Shari’ah.61 women seldom do es to consent to her marriage? so in practice. This

Identity, and Family Relationship in Jordan”, 2016, https://www.nrc.no/globalassets/pdf/reports/securing-status.pdf; Norwegian Refugee Council and International Human Rights Clinic at Harvard Law School, “Registering Rights: Syrian refugees and the documentation of births, marriages and deaths in Jordan”, 2015, pp. 10, 14- 23, 26-29, http://hrp.law.harvard.edu/wp-content/uploads/2015/11/Registering-rights-report-NRC-IHRC-October20151.pdf 42 Jordan State party report, U.N. Doc. CEDAW/C/JOR/5 (2010), para. 301, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 48 Information obtained from Jordanian advocate, February 2017 49 Jordan e-Government Website, http://www.jordan.gov.jo/wps/portal/!ut/p/b1/04_SjzQzNjQ1NDE1NtKP0I_KSyzLTE8syczPS8wB8aPM4sMsvS3CvN0NDQzMPc0NPJ1cPYyDQvyMLQJN9YMTi_Rzoxw VAQQlacA!/ 51 Article 14 of the Personal Status Act (2010), , http://www.farrajlawyer.com/viewTopic.php?topicId=153

Can a woman negotiate her mar- A judge can act as guardian in the If the prospective In its 2015 report to is due to the lack of tial rights prior to marriage and absence of male relatives.52 In groom is more than the CEDAW Com- awareness of their can these rights be changed dur- addition, if the guardian opposes 20 years the bride’s mittee, the Jordani- rights or the fear of ing marriage? If so, who can the marriage, the prospective senior, a judge an government stat- family backlash or change these rights and under bride may file a case known as would require a ed that a number of societal pressure.63 what circumstances e.g. mutual ‘Adel Al Wali’, whereby the judge show of consent and official and non- However, infor- consent? may authorise the marriage, after free choice of the official bodies are mation on the determining that the prospective prospective bride, in engaged in raising ground suggests Applicable CEDAW Provision bride’s guardian’s refusal is un- addition to verifying awareness of a that there is some Articles 16(1)(a), 16(1)(b) reasonable and she is above 15.53 the groom’s financial woman’s ability to anecdotal evidence Paras. 15-16 GR21 capacity.60 stipulate conditions that there may have Para. 34 GR29 A prospective bride who has been in the marriage con- been a slight in- previously married and is over 18 tract.62 crease in the does not require the consent of a awareness of this guardian to re-marry.54 right among women in recent times.64 Article 11 of the JPSA prohibits a woman to marry a man who is more than 20 years her senior without the permission of a judge, who must verify the bride’s consent and free choice.55

Pursuant to Article 37 of the JPSA, both spouses may stipulate any condition in their marriage contract so long as the conditions:

59 Information obtained from Jordanian advocate, February 2017 61 Jordan State party report, U.N. Doc. CEDAW/C/JOR/3-4 (2006), para. 244, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 52 Articles 14-17 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 53 Article 18 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 54 Article 19 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 55 Article 11 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 60 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 109, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 62 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 109, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 63 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 109, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx; 64 Information obtained from Jordanian advocate, February 2017

(i) are beneficial to one of the parties; (ii) are not inconsistent with the purposes of marriage; and (iii) do not involve anything that is prohibited by Shari’ah or the law. If a husband violates a condition, the wife is entitled to file for divorce; if a wife violates a condition, the husband may file for divorce and the wife loses her financial rights (e.g. financial maintenance).56

Article 37 of the JPSA details examples of valid conditions that a wife may include in the marriage contract. These include conditions: (i) preventing the husband from taking additional wives; (ii) ensuring her right to work; (iii) ensuring that she lives in a particular place; (iv) refraining from moving to another country; and (v) delegating to her the right to divorce herself unilaterally (isma).57

Article 37 also details examples of invalid conditions. These include conditions: (i) permitting the drink- ing of alcohol; (ii) refraining the cohabitation of the spouses; and

56 Article 37 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153; Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 109, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 57 Article 37 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153

(iii) refraining the consummation of the marriage.58

Polygamous marriages A Muslim man may marry up to To ensure that the The Government of According to Jor- four wives at one time. man is capable of Jordan in its 2010 dan’s 2012 Popula- Does the law prohibit polygamy or financially support- report to the tion and Family impose strict conditions on such Article 13(a) of the JPSA provides ing all those for CEDAW Committee Health Survey, 5% practice? Is the permission of the that before a polygamous mar- whom he is respon- reiterated that “all of marriages in Jor- court required for a polygamous riage is contracted, a judge must sible, a judge has to authorities have al- dan are polyga- marriage? Is the permission of an ascertain that the man can afford check whether the ways agreed that mous. The survey existing wife required for a polyg- paying a dower (mahr) and is ca- man has an income polygamy is lawful in also found that: 74 amous marriage? Is it necessary pable of financially supporting all of over 500 Jordani- Islam” but “is subject 72 to inform an existing wife of the those for whom he is responsible, an dinars (approx. to restrictions.” • Older women polygamous marriage? Are tem- and clarify to the prospective wife 706 US dollars) a were more likely porary marriages such as travel- that the man is already married.65 month, which is a The Ministry of than younger er’s marriages (misyar) recog- fairly low sum for Awqaf, Islamic Af- women to have nised? Is it necessary to register a Article 13(b) of the JPSA requires supporting multiple fairs and Holy Af- co-wives. For polygamous marriage? Can a the court to inform the man’s ex- wives.71 fairs refused the instance, 11% of woman stipulate in the marriage isting wife or wives of his new request of the Arab married women contract that her intended hus- marriage, after it has been con- Women Organisa- aged 45-49 band cannot enter into a polyga- tracted. 66 tion of Jordan to reported having mous marriage? insert a clause into co-wives, as Article 37 of the JPSA provides the JPSA to outlaw compared with Applicable CEDAW Provision that a woman may stipulate in the polygamy in Jordan 1% of women Para. 14 GR21 marriage contract that her hus- and claimed the re- aged 20-24; Para. 34 GR29 band cannot take another wife. If quest was “unim- 73 the husband breaches this term of portant.” • Rural women the marriage contract, the woman were more likely has the right to petition for di- to report having 67 vorce. co-wives than urban women (7% Article 79 of the JPSA requires a versus 5%);

58 Article 37 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 65 Article 13(a) of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 66 Article 13(b) of the Personal Status Act (2010),), http://www.farrajlawyer.com/viewTopic.php?topicId=153 67 Article 37 of the Personal Status Act (2010) http://www.farrajlawyer.com/viewTopic.php?topicId=153

husband to treat all wives equally, such as matters relating to finan- • Women living in cial maintenance and cohabita- poorer tion.68 households were more likely than Article 75 of the JPSA prohibits a women living in husband from housing multiple richer households wives in the same home without to have co-wives. their consent.69 For instance, 9% of women living in Temporary marriages are prohib- households in the ited. Article 31 of the JPSA pro- lowest wealth vides that a temporary marriage quintile reported contract is considered invalid having co-wives, (fāsid). Article 34 provides that if as compared with such a marriage was consum- 4% of women mated, it shall have effect with living in respect to mahr, the waiting peri- households in the od after the divorce (iddah) and highest quintile; legitimacy of the children, but it and shall not lead to any inheritance 70 or financial maintenance rights. • Lower educated women were more likely to report having co- wives than higher educated women.

71 Information obtained from Jordanian advocate, February 2017 72 Jordan State party report, U.N. Doc. CEDAW/C/JOR/5 (2010), para. 303, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 73 David E. Miller, “Jordan launches campaign to advance polygamy”, The Jerusalem Post, 9 July 2011, http://www.jpost.com/Middle-East/Jordanian-launches-campaign- to-advance-polygamy 74 Jordanian Department of Statistics and ICF International, “Jordan Population and Family Health Survey 2012”, Table 4.3, p. 41, https://dhsprogram.com/pubs/pdf/FR282/FR282.pdf 68 Article 79 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 69 Article 75 of the Personal Status Act (2010), , http://www.farrajlawyer.com/viewTopic.php?topicId=153 70 Articles 31 and 34 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153

For instance, 22% of married women with no education reported having co-wives, as compared with 8% of women who has attained secondary or higher education.

According to media reports, campaigns are being launched by conservative Muslim groups in Jordan to encourage polygamous marriages, claiming polygamy would solve the “problem” of unmarried women over 30.75

An investigative media report suggests that while misyar marriages are not recognised in Jordan, couples do enter into such marriages. Women agree to such mar-

75 See for example, “Jam’iya fi al-Urdun li Munasarat Ta’adud al’Zawjat wa Al-Qada’a ala Al’Unusa”, Al-Arbiya, 3 July 2011, http://www.alarabiya.net/articles/2011/07/03/155878.html; Jon Jensen, “Jordan: Polygamy on the rise?”, Public Radio International, 10 July 2011, http://www.pri.org/stories/2011-07-10/jordan-polygamy-rise

riages out of familial and societal pressure.76

Divorce rights The JPSA provides for three dif- The registration of ferent mechanisms for divorce: (i) divorce is mandato- Is there equal right to divorce be- unilateral repudiation by the hus- ry, and a standard tween women and men? Can the band (talāq); (ii) judicial divorce; procedure must be husband divorce without reason and (iii) redemptive divorce (khul’ followed.86 and without having to go to court? or iftida). The marriage may also What are the main forms of di- be annulled. vorce? Can all forms of divorce be sought only through the courts? A husband may unilaterally Are the grounds for divorce the repudiate a marriage without same for the husband and wife? much restrictions. However, the Is unilateral divorce by repudiation presence of two male witnesses (talāq) prohibited? If unilateral or one male and two female divorce is not prohibited, what is witnesses, all whom must be the procedure i.e. is the presence Muslims.77 of the spouse to be divorced required, are witnesses required, A husband may delegate his uni- does the spouse seeking divorce lateral right to divorce to his wife need to go to court, is the di- (isma) through a stipulation in the vorced spouse informed of the marriage contract,78 thus permit- divorce? Is the unilateral right to ting her to pronounce talāq upon divorce delegated to the wife? If herself (talāq -i-tafwid). However, so, is it by law or through the mar- the wife needs to appear before a riage contract? Is it mandatory to court to exercise this right.79 register a divorce?

76 Saba Abu-Farha and Saad Hattar as supervisor, “In Jordan, Fatwas differ on “misyar” marriages and women suffer”, Arab Reporters for Investigative Journalism, 23 March 2013, http://en.arij.net/report/in-jordan-fatwas-differ-on-misyar-marriages-and-women-suffer/ 77 Articles 80-84 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153; Gabriel Sawma, “Islamic Jordanian Divorce in USA”, 2011, http://gabrielsawma.blogspot.my/2011/09/islamic-jordanian-divorce-in-usa.html 78 Article 37 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 79 Article 85 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 86 Jordanian e-Government Website, http://www.jordan.gov.jo/wps/portal/

Valid grounds for seeking a judi- Applicable CEDAW Provision cial divorce by a wife include a Article 16(1)(c) husband’s: (i) non-payment of the Paras. 17-18 GR21 dower (mahr); (ii) failure to pro- Paras. 34, 39-40 GR29 vide maintenance or shelter; (iii) contagious or venereal disease or impotence (must be proven by a medical certification); (iv) pro- longed absence; or (v) imprisonment. In addition, strife and discord are grounds for divorce.80

In the case of a divorce petition based on strife and discord, the judge must attempt to reconcile the couple; if the reconciliation fails, the judge must appoint two arbitrators (one from the husband’s family and one from the wife’s family) who again shall attempt to reconcile the couple. If reconciliation is impossible, the arbitrators will rule on the terms of the divorce and any due compensation, which the judge then re- views and ratifies. Generally if the source of the dispute is:81

• The husband, a divorce will be granted and the wife will fully be entitled to all her marital and divorce rights;

• The wife, a divorce will be

80 Articles 115-144 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 81 Article 126 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153

granted in exchange for compensation to the husband that is less than the mahr;

• Shared between the husband and wife, a divorce will be granted in exchange for a division of the mahr in proportion to the wrongs of each side.

In divorce cases based on strife and discord, a wife’s testimony is not sufficient to prove harm; she must also have two witnesses.82

A wife may seek redemptive divorce (khul’), whereby she is granted a divorce in exchange for a mutually-agreed compensation to be paid to the husband. Gener- ally, a khul’ divorce requires the consent of both parties and is not subject to a court ruling. In addition, a wife’s entitlement to financial maintenance during the waiting period after the divorce (iddah) is not forfeited unless the khul’ agreement clearly states so. However, if both parties are unable to reach a mutual agreement on a khul’ divorce, a wife may bring a court case for an iftida divorce, where she needs to: (i) declare in court that she detests life with her husband, the continu-

82 Articles 126-127 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153

ation of married life between them is impossible and she fears that she will transgress against the ‘limits of God’ due to this detestation; (ii) pledge to return her mahr; and (iii) renounce all her financial rights. In such a case, the court must order a 30- day reconciliation process, and if it fails, the court must then rule for divorce.83

Whether the khul’ divorce is obtained through a mutual agreement or through the courts, a husband cannot coerce a mother to renounce custody of her children as part of a khul’ compensation.84

Prior to consummation of marriage, a wife may obtain judicial annulment of a marriage contract, whereby she returns the mahr and any other marriage gifts or expenses to the husband.85

Women’s financial rights after Generally, upon divorce, a woman The couple may The mechanism of divorce may be entitled to: (i) financial agree on the seeking a court rul- maintenance during the waiting division of assets ing on the amount of Is there a legal concept of matri- period after the divorce (iddah); acquired during the financial mainte-

83 Articles 102-114 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 84 Articles 104-114 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 85 Article 114 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153

monial assets? Is there equal di- and (ii) a consolatory compensa- marriage in the nance to be paid by vision of marital property upon tion (mut’ah). There is no legal marriage contract.91 a former hus- dissolution of the marriage? Is the concept of matrimonial assets. band/father and the woman’s role as wife and mother If a divorced couple requirement for him recognised as contribution to the Under the JPSA, a woman may does not reach an to deposit the acquisition of assets? What be entitled to financial mainte- agreement on finan- amount with the spousal maintenance are availa- nance during the waiting period cial maintenance court often proves ble to the wife after a divorce? Is after the divorce (iddah). The following a divorce, more effective than she entitled to maintenance dur- maintenance amount may be a woman then ap- direct payment of ing the waiting period after the agreed mutually or awarded by proaches the Sha- the money to the divorce (iddah)? Is she entitled to court. The iddah period may not ri’ah court to petition custodial mothers, a consolatory gift or compensa- exceed one year.87 for maintenance for due to court super- tion upon divorce (mut’ah)? Who herself and the cou- vision. However, is responsible for the financial Article 155 of the JPSA provides ple’s children, if she some men may re- maintenance of children following that in the case of divorce without is the custodian. In sort to devious a divorce? Can the couple agree legitimate cause, a judge may such cases, the means to reduce to the division of assets acquired grant compensation (mu’tah) to mother needs to their officially- during marriage in the marriage the wife. The amount of compen- provide evidence of recorded income contract? Can this stipulation be sation may be between one to the former hus- prior to the court amended? If so, by who and on three year’s maintenance, taking band’s income, proceedings for the what basis e.g. mutual consent? into account the husband’s finan- based on which the purpose of reducing cial means and may be paid as a judge would rule on the amount of Applicable CEDAW Provision lump sum or in installments.88 the amount of finan- maintenance pay- Articles 16(1)(c), 16(1)(h) cial maintenance. ments.93 Paras. 30-33 GR21 Following a divorce, a father is The former husband Paras. 34-35, 43-48 GR29 responsible for the financial is then required to Although civil socie- maintenance of his children. If the pay this amount ty groups and law- mother is the custodian, he is ob- through deposit to yers have been ad- ligated to pay her maintenance to the court, and failure vocating for a law of cover the expenses of his chil- to do so could result joint matrimonial dren, including the cost of their in his imprison- property that will healthcare and education. A ment.92 enable a wife to

87 Articles 151-152 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 88 Article 155 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 91 Article 37 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 92 Information obtained from Jordanian advocate, February 2017

daughter is entitled to mainte- claim a share in the nance until she is married, and a husband’s assets son is entitled to maintenance acquired during until he reaches an age where he marriage,94 there would be expected to earn a liv- does not appear to ing.89 be any serious effort by the Government Article 321 of the JPSA provides to bring about a new for the establishment of a court- matrimonial property administered financial mainte- regime.95 nance fund for women to collect court-ordered maintenance pay- It is rare that the ments.90 However, this fund is not division of assets is yet operational, as the law- included as a condi- mandated regulations have not tion in the marriage yet been passed. contract, as it is not part of the common cultural practices in society.96

Custody of Children A mother has priority right over There are indica- the custody of her children until tions that in practice, Do parents have equal rights over they reach 15. Thereafter, the the conditions the custody of their children? If child is given the option to remain placed on the moth- no, who has priority right over the with the mother until reaching the er’s priority right to custody of the child? Is custody age of civil majority (18). A wom- custody of her chil- decided based on the best inter- an may retain custody longer if dren often enable

93 Information obtained from Jordanian advocate, February 2017 89 Articles 187-196 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 90 Article 321 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 94 Zainah Stetyeh, “The Personal Status Quo”, Jordan Business Magazine, December 2010, p. 77, http://www.jordanbusinessmagazine.com/sites/default/files/The%20Personal%20Status%20Quo.pdf 95 Information obtained from Jordanian advocate, February 2017 96 Information obtained from Jordanian advocate, February 2017

est of the child? Do mothers au- the child is sick and requires the father to main- tomatically lose custody upon re- care.97 tain a great deal of marriage or if she is deemed dis- influence on the obedient or when the child reach- A mother risks losing custody of rearing of the chil- es a designated age when custo- her child if she remarries and her dren even though he dy goes to father? new husband is not a close blood may not have legal relative of the child (mahram).98 custody. Typically, a Applicable CEDAW Provision father would exer- Articles 16(1)(d), 16(1)(f) A mother who has custody of her cise this influence Paras. 19-20 GR21 children may not travel or take through his general residence outside Jordan with the authority as guardi- children without the consent of the an of the child (see guardian.99 below). At times, the father is able to as- Visitation rights for non-custodian sume legal custody parent (as well as paternal grand- against the wishes father if the father is deceased) of the mother when are guaranteed according to Arti- she is unable or uncle 181 of the JPSA.100 willing to meet the conditions set by law for her to main- tain her right to custody of the children.101

Guardianship of Children A father has priority right over the Although Article 62 Media reports high- guardianship of his children, fol- of the Penal Code light cases of Chris- Do parents have equal rights over lowed by the paternal grandfather, provides that surgi- tian women whose the guardianship of their children? then court. However, the law also cal operations and husbands convert to If no, who has priority right over allows the court to deprive a fa- medical professional Islam divorcing the guardianship of the child? Is ther or grandfather of guardian- treatments can be them for the specific

97 Article 173 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 98 Article 171 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 99 Article 176 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 100 Article 181 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 101 US Embassy in Jordan, “International Parental Child Abduction”, https://jo.usembassy.gov/u-s-citizen-services/international-parental-child-abduction/

guardianship decided based on ship, if they are proven to be in- carried out on a mi- purpose the best interest of the child? competent. Thus, a mother may nor with the consent of obtaining guardia obtain guardianship in exceptional of his/her legal rep- nship of their chil- Applicable CEDAW Provision cases if she can prove before a resentative,105 only dren and side- Articles 16(1)(d), 16(1)(f) court that the father (or grandfa- the father is consid- stepping church Paras. 19-20 GR21 ther) is incompetent to assume ered as the legal courts’ jurisdic- guardianship of his children.102 representative. tion.107 Hence, if the con- Article 184 of the JPSA states that sent of the father is Several practical the guardian is responsible for difficult to obtain, the issues of conflict overseeing the affairs of the minor mother has to go may arise when and for selecting the type and through lengthy and mothers with custo- place of the minor’s education, complex procedures dial rights over their provided that it is in the same ar- at the Shari’ah court children do not have ea of residence as the custodian to obtain approval guardianship rights (mother). It states further that the for the medical in- to make major deci- guardian may not change the res- tervention.106 sions over their chil- idence of the minor away from the dren’s well-being. custodian except by her permis- This includes critical sion or for a legitimate interest of decisions on con- the minor. The custodian and the sent to surgery and guardian share responsibility for medical treatment, the minor’s discipline and educa- registration and tional guidance.103 transfer of schools and consent to trav- A father, grandfather, or court el. may appoint a trustee to manage the financial affairs of a minor. The trustee must have a specific mandate and may be female or male.104

102 Articles 223, 228 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 103 Article 184 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 104 Articles 230-233 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 105 Article 62 of the Penal Code (1960), http://www.wipo.int/edocs/lexdocs/laws/ar/jo/jo064ar.pdf 106 Information obtained from Jordanian advocate, February 2017

Family Planning Abortion is strictly prohibited by The Government of According to World law, except when it is necessary Jordan in its 2006 Bank data, the total Do women require the consent of to save the pregnant woman’s life report to the fertility rate the husband to practise family or prevent a significant risk to her CEDAW Committee decreased from 7.7 planning, including abortions and health.108 In all other cases, pro- said that “[t]here is children per woman sterilisation in law or in practice? tecting the right to life of the foe- nothing in Jordanian in 1960 to 3.4 in tus is prioritised by the law.109 law to restrict a 2015.118 Applicable CEDAW Provision woman’s right to Articles 16(1)(e), 12 In order to obtain a legal abortion decide on the According to Jor- Paras. 21-23 GR21 for medical reasons, the woman number and spacing dan’s 2012 Popula- needs to produce a medical report of her children.114 tion and Family drafted by two separate doctors Health Survey:119 affirming that the abortion is nec- In its 2015 report to essary to save her life or protect the CEDAW Com- • The median birth her health.110 mittee, the Jordani- interval in Jordan an government stat- is 31.7 months, Article 321 of the Penal Code ed that there is an with 32% of provides for a prison penalty of six ongoing awareness children being months to three years if a woman campaign that in- born less than 24 performs an abortion on herself or cludes disseminat- months after their consents to another person per- ing information siblings; forming an abortion on her in vio- about family plan- 111 lation of the law. This punish- ning and the spac- • 12% of married ment is mitigated if the woman ing of children. women have an performs the abortion in order to Vouchers for family unmet need for protect her honour (e.g. if a preg- planning services family planning nancy that was a result of rape). A are given for free to services, with 5%

107 Nadine Nimri and Orion Wilcox as translator, “When converting to Islam becomes a means of evading legal consequences”, 30 December 2015, https://www.7iber.com/society/when-converting-to-islam-becomes-a-means-of-evading-legal-consequences/; Aaron Magid, “Looking for a better divorce settlement, Jordanian Christian men convert to Islam”, Al Monitor, 21 December 2015, http://www.al-monitor.com/pulse/originals/2015/12/jordan-law-christians-convert-muslims- women-divorce.html 108 Article 12 of the Public Health Act (2008), https://www.mindbank.info/item/544 109 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 89, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 110 Article 12 of the Public Health Act (2008), https://www.mindbank.info/item/544 111 Article 321 of the Penal Code (1960), http://www.wipo.int/edocs/lexdocs/laws/ar/jo/jo064ar.pdf 114 Jordan State party report, U.N. Doc. CEDAW/C/JOR/3-4 (2006), para. 256, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx

man who performs an abortion on women who may having an unmet a female who is his relative up to receive contracep- need for spacing the third degree also receives a tives, after she has and 7% an unmet reduced sentence if he performs received counsel- need for limiting of the abortion to save her hon- ling.115 However, children; our.112 only married women have access to free • The use of Third parties who perform abor- birth control pills and contraceptives tion on a woman outside the health services.116 has increased by bounds of the law also face crimi- 15% in the past nal penalties, with a higher penal- The Government of 15 years; ty when the abortion is carried out Jordan also stated without the consent of the wom- that allowing abor- • 61% of married 113 an. tions for women who women are using have been raped or a method of in the first few days contraception, of the pregnancy with 42% of should be consid- women using a 117 ered. modern method; and

• Knowledge of at least one method of family planning is universal among married women in Jordan.

118 World Bank, “Fertility rates, total (births per woman)”, http://data.worldbank.org/indicator/SP.DYN.TFRT.IN 119 Jordanian Department of Statistics and ICF International, “Jordan Population and Family Health Survey 2012”, Tables 5.6, 7.1, 7.2, 13.11, pp. 54, 70-71, 197, https://dhsprogram.com/pubs/pdf/FR282/FR282.pdf 112 Article 324 of the Penal Code (1960), http://www.wipo.int/edocs/lexdocs/laws/ar/jo/jo064ar.pdf 113 Articles 322-323, 325 of the Penal Code (1960), http://www.wipo.int/edocs/lexdocs/laws/ar/jo/jo064ar.pdf 115 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 80, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 116 Information obtained from Jordanian advocate, February 2017 117 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 89, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx

Information on the ground suggests that due to the strict laws on abortion, sometimes women find they have no choice but to resort to illicit means with the support of a physician to conduct an abortion. For example, a physician may certify that the fetus was found dead during a rou- tine check-up, and that an operation was required to re- move the dead foe- tus.120

Personal rights of spouses Article 7 of the Constitution states The Government of The wife may According to Jor- that personal freedom shall be Jordan in its 2015 stipulate in the dan’s 2012 Popula- Does a woman need the consent guaranteed and every report to the marriage contract tion and Family of her spouse or guardian to work, infringement on rights and public CEDAW Committee that she has the Health Survey:131 choose a profession, leave the freedoms or the inviolability of the stated that the right right to work after house, travel, drive, receive vari- private life of Jordanians is a to choose a per- marriage. If the • Only 16% of ous health services, study, etc. on crime punishable by law.121 son’s place of resi- marriage contract is married Jordanian her behalf? Does a woman have dence is guaranteed explicit in this women were the right to retain her birth name Article 9 of the Constitution states by the Constitu- manner, her employed at the upon marriage or to choose her that no Jordanian may be tion.128 husband cannot time of the survey; family name? Can a woman pro- prohibited from residing at any legally stop her from 129 tect her personal rights through place; be prevented from working. • 39% of married her marriage contract? movement; or be compelled to women earning

120 Information obtained from Jordanian advocate, February 2017 121 Article 7 of Jordan’s Constitution (1952), https://www.constituteproject.org/constitution/Jordan_2014.pdf?lang=en

reside in a specified place, except Married women in cash made Applicable CEDAW Provision in the circumstances prescribed Jordan retain their independent Article 16(1)(g) by law.122 maiden names.130 decisions on how Para. 24 GR21 to spend their Para. 34 GR29 Article 23 of the Constitution earnings; provides that work is the right of 123 all citizens. • 93% of married women aged 15- Despite the constitutional 49 do not own a provisions stating otherwise, the house or land; JPSA potentially restricts the among women personal rights of a Muslim wife a who do own a result of the maintenance-for- house or land, obedience legal provided for only 3% own a under the law. Thus: house or land by themselves; • A wife needs the consent of her husband to work outside • 65% of married the home. If a wife pursues women participate employment without her hus- either alone or band’s consent, she loses the jointly with their right to financial maintenance husband in (nafaqa);124 making decisions pertaining to their • A wife owes cohabitation and own healthcare, obedience “within the bounds major household

128 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 105, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 129 Article 37 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153; Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 109, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 131 Jordanian Department of Statistics and ICF International, “Jordan Population and Family Health Survey 2012”, Tables 13.1, 13.2, 13.5, 13.7, 13.8,pp. 185, 187, 190, 192, 194, https://dhsprogram.com/pubs/pdf/FR282/FR282.pdf 122 Article 9 of Jordan’s Constitution (1952), https://www.constituteproject.org/constitution/Jordan_2014.pdf?lang=en 123 Article 23 of Jordan’s Constitution (1952), https://www.constituteproject.org/constitution/Jordan_2014.pdf?lang=en 124 Article 61 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153

of what is permissible” to her purchases, and husband;125 visits to their family or relatives; • A wife has an obligation to fol- and low her husband to wherever he decides to go, provided he • 70% of married ensures her safety. If the wife women accept at refuses to move with her hus- least one reason band, she is considered diso- as a justification bedient (nashez) and loses for wife beating. the right to financial mainte- Women are most nance;126 likely to agree that if a wife has Article 3 of the Passport Law No. relations with 5/2003 allows every Jordanian other men, it woman to obtain her own pass- justifies wife port, without being the consent of beating (65%). her husband or male guardian.127 According to World Bank data, female labour force participation increased from 9% in 1990 to 14% in 2016.132 Dur- ing the same period, male labour force participation rate

130 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 114, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 125 Articles 60, 78 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 126 Article 62 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 127 Jordan State party report, U.N. Doc. CEDAW/C/JOR/3-4 (2006), para. 93, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx. Article 3 states “Passports shall be issued to applicants who are originally of Jordanian nationality or who have acquired a certificate of nationality or naturalisation.” 132 World Bank, “Labour force participation rate, female (% of female population ages 15+) (modelled ILO estimate)”, http://data.worldbank.org/indicator/SL.TLF.CACT.FE.ZS

decreased from 66% to 64%.133

According to the 2016 UNDP Human Development Report:134

• 79% of women over 25 have at least some secondary education as compared to 83% of men of the same age group;

• 99% of females and males aged 15-24 are able to read and write a short simple sentence; and

• 77% of women are satisfied with their freedom of choice as compared to 74% of men.

According to the Jordanian government, it is not com-

133 World Bank, “Labour force participation rate, male (% of male population ages 15+) (modelled ILO estimate)”, http://data.worldbank.org/indicator/SL.TLF.CACT.MA.ZS 134 UNDP, “Human Development Report 2016”, Tables 5, 9, 14, pp. 214-217, 230-233, 250-253, http://hdr.undp.org/sites/default/files/2016_human_development_report.pdf

mon for women to include provisions on her right to work in the marriage contract because: (i) it is goes against cultural norms to do so; and (ii) the lack of awareness of the right among women. However, information on the ground suggest that women may be more willing in recent years to include a provision to allow them to work in their marriage contract.135

Inheritance rights Generally, inheritance rights The Government of A person may According to media between women and men are Jordan in its 2015 choose to write a reports and infor- Are women and men in the same unequal. report to the will. However, Arti- mation on the degree of relationship to a de- CEDAW Committee cle 274 of the JPSA ground, women are ceased entitled to equal shares in Chapter 9 of the JPSA details the explained that legis- provides that a will sometimes coerced the estate and to equal rank in the inheritance shares among benefi- lation on inheritance may be written only or shamed into re- order of succession? Are there ciaries. In many instances, for is derived from Sha- with respect to one- linquishing their in- procedures to address any ine- example in the case of siblings, a ri’ah, which adopts third of the estate; heritance rights for a qualities in inheritance between woman is entitled to half the share “the principle of fair- beyond the one- various reasons in- women and men e.g. can a will be of a man.136 ness in respect of third, shares of ex- cluding: written, can beneficiaries agree to division of inher- isting beneficiaries inherit equal shares of the estate itance, not the prin- may not be altered • Apparent weak or can the children agree to forgo ciple of equality, and except by consent of monitoring by the

135 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 109, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx; Information obtained from Jordanian advocate, February 2017 136 Article 310 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153

their inheritance in favour of their is part of an inte- all beneficiaries fol- Shari’ah courts, mother upon the death of their grated equation.”137 lowing the person’s coupled with the father? death.138 lack of punitive enforcement Applicable CEDAW Provision Beneficiaries can measures;141 Paras. 34-35 GR21 agree to equal Paras. 49-53 GR29 shares or to any • Lack of aware- distribution scheme ness among amongst themselves women of their in- following the distri- heritance rights, bution of the estate thus enabling (where, for example, families to misuse they may give a their authority to greater share to fe- force females to males).139 However, give up these this is rare and does rights;142 not commonly take 140 place in practice. • Prevalence of dis- criminatory practices, which prevent rural women from inheriting or acquiring owner- ship of land and other property;143

137 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 114, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 138 Article 274 of the Personal Status Act (2010) stipulates that non-beneficiaries may receive a bequest of no more than 1/3 of the total estate, http://www.farrajlawyer.com/viewTopic.php?topicId=153 139 Grand Mufti Abdulkarim Al-Khasawne, “Fatwa No. 547,” Dar al-Ifta, Jordan, 16 March 2010, http://aliftaa.jo/Question.aspx?QuestionId=547#.WE4dpMdplFI 140 Information obtained from Jordanian advocate, February 2017. 141 Abdulrahman Abu Sneineh, “Disinheritance of women legalised?” Arab Reporters for Investigative Journalism, 24 May 2014, http://en.arij.net/report/disinheritance-of- women-legalized/ 142 Abdulrahman Abu Sneineh, “Disinheritance of women legalised?” Arab Reporters for Investigative Journalism, 24 May 2014, http://en.arij.net/report/disinheritance-of- women-legalized/ 143 Information obtained from Jordanian advocate, February 2017

• Some fathers registering all im- moveable proper- ties in the names of their sons to prevent the daughters from owning land, es- pecially if they are married.144

Civil society groups continue to advocate for legislation that would give women equal inheritance rights.145

Violence against women in the Article 6(5) of the Constitution The Government of Every Shari’ah court According to Jor- family provides that the law must protect Jordan in its 2015 has a Family Rec- dan’s 2012 Popula- motherhood, childhood and the report to the onciliation and Me- tion and Family Are there laws that define what old-aged; and must avail care for CEDAW Committee diation Office, which Health Survey:160 constitute domestic violence such the youngsters and those with informed the seeks to resolve as battery, female circumcision, disabilities and protect them CEDAW Committee family disputes by • Overall, 32% of marital rape and other forms of against abuse and exploitation.146 that work is being amicable means, married women sexual assault and violence that carried out on the without litigation. aged 15-49 affect a woman’s mental health Jordan has not adopted specific drafting of a bill re- The Office also of- reported having which are perpetuated by tradi- legislation to criminalise acts of lating to protection fers family counsel- experienced tional attitudes? Is there specific domestic violence. of domestic vio- ling and raises emotional, legislation that recognises domes- lence.154 awareness of mari- physical and/or

144 Information obtained from Jordanian advocate, February 2017 145 Laila Azzeh, “Study proposes equal inheritance rights for women”, Jordan Times, 3 September 2016, http://jordantimes.com/news/local/study-proposes-equal- inheritance-rights-women 146 Article 6(5) of Jordan’s Constitution (1952), https://www.constituteproject.org/constitution/Jordan_2014.pdf?lang=en 154 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 3(b), http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx

tic violence as a crime? Is the Jordan’s Family Protection Act tal rights and du- sexual violence husband allowed to discipline his No. 6 of 2008 lays out guidelines The Jordanian gov- ties.158 from their spouse wife? Can a suspected perpetra- for procedures in domestic vio- ernment also stated at least once, and tor marry his alleged abused vic- lence cases for medical practi- that, in relation to Domestic abuse is 22% reported tim to avoid punishment? Are tioners and police officers. It also marital rape, the considered a valid having there support services for women includes penalties for perpetra- Penal Code punish- reason for a woman experienced one who are the victims of aggression tors, including detention of perpe- es physical, sexual, to initiate divorce, or more of these or abuses? trators for up to 24 hours, and and psychological but her testimony forms of violence protection orders, but does not harm done by a alone is insufficient in the past 12 Applicable CEDAW Provision criminalise domestic violence.147 husband to his wife. to establish abuse; months; GRs 12 & 19 Forced or violent rather, she must Para. 40 GR21 The Penal Code contains some intercourse is suffi- present two wit- • 25% of married general prohibitions that are cient grounds for a nesses.159 women aged 15- applicable to domestic violence. wife to seek a di- 49 reported For instance, the Penal Code vorce and/or com- having criminalises verbal and physical pensation for the experienced assault upon another person and harm.155 emotional prescribes prison penalties. The- violence from their se cover domestic violence, with In its 2010 report to spouse at least the exception of the discipline of the CEDAW Com- once, and 17% children in a manner that does not mittee, the Govern- reported having harm them and is consistent with ment of Jordan ex- experienced such the “prevalent tradition.”148 plained that it estab- violence within the lished a “Family 12 months prior to The Penal Code does not specifi- Reconciliation Cen- the survey; cally criminalise: tre” in 2007 for victims of domestic • 21% of married • Marital rape; or abuse regardless of women aged 15- nationality.156 In its

160 Jordanian Department of Statistics and ICF International, “Jordan Population and Family Health Survey 2012”, Tables 14.7, 14.11, 14.12, pp. 208, 213, 214, https://dhsprogram.com/pubs/pdf/FR282/FR282.pdf 147 Family Protection (2008), http://corpus.learningpartnership.org/family-protection-law-no-6-of-jordan-2008 148 Articles 62, 188, 358, 333-334 of the Penal Code (1960), http://www.wipo.int/edocs/lexdocs/laws/ar/jo/jo064ar.pdf 155 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 7, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 156 Jordan State party report, U.N. Doc. CEDAW/C/JOR/5 (2010), para. 29, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 158 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 10, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx

2015 report, the 49 reported • All forms of sexual harassment. Jordanian govern- having Though the commission of ‘in- ment said that at the experienced decent acts’ is criminalised by start of 2014, the physical violence the Penal Code, the Code does Centre admitted 876 from their spouse not provide any definition for the women, of which 95 at least once, and term “indecent act.”149 were Syrian refu- 11% reported gees. The 876 having The Penal Code: women were ac- experienced such companied by 165 violence within the 157 • Exempts suspected rapists children. 12 months prior to who marry their girl victims the survey; aged 15- 18 from punishment pursuant to Article 308150 • 9% of married women aged 15- (Note: In a major victory for 49 reported feminist groups and others, in having April 2017, the Jordanian experienced government announced the sexual violence revocation of Article 308).151 from their spouse at least once, and • Allows for a reduction in pen- 6% reported alty when a violent crime is having committed in a “fit of fury” re- experienced such sulting from an unlawful or violence within the dangerous act on part of the 12 months prior to victim.152 This provision is the survey; usually used to reduce pun- • Among married

159 Articles 126-127 of the Personal Status Act (2010), http://www.farrajlawyer.com/viewTopic.php?topicId=153 149 Articles 296-299 of the Penal Code (1960), http://www.wipo.int/edocs/lexdocs/laws/ar/jo/jo064ar.pdf 150 Article 308 of the Penal Code (1960), http://www.wipo.int/edocs/lexdocs/laws/ar/jo/jo064ar.pdf. See also Sisterhood is Global Institute et. al, “Jordan”, Submission to the CEDAW Committee Pre-Sessional Working Group for the 66th Session, 2016, p. 3, http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/JOR/INT_CEDAW_NGO_JOR_24228_E.pdf 151 BBC News, “Article 308: Jordan to scrap marriage loophole for rapists”, BBC News, 24 April 2017, http://www.bbc.com/news/world-middle-east-39692020 152 Article 98 of the Penal Code (1960), http://www.wipo.int/edocs/lexdocs/laws/ar/jo/jo064ar.pdf

ishments for “honour kill- women who had ings.”153 experienced spousal violence (physical or sexual) in the past 12 months, 31% reported experiencing physical injuries; and

• It is not common for women in Jordan to seek assistance from any source for violence they have experienced. 47% of women never sought help and never told anyone about the violence they have experienced.

According to academic research, in practice:161

• The police is not required to en-

157 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 30, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 153 Human Rights Watch, “Honouring the Killers: Justice Denied for Honour Killings in Jordan”, 2004, pp. 15-19, https://www.hrw.org/reports/2004/jordan0404/jordan0404.pdf 161 Kelsey Cherland, “Developments in Personal Status Law: Iraq and Jordan” (CMC Senior Thesis, Paper 865, 2014), p. 65, http://scholarship.claremont.edu/cgi/viewcontent.cgi?article=1926&context=cmc_theses

force the 24-hour detention of suspected abusers;

• If the suspected abuser apologises to the victim and they agree to reconcile, which may often happen due to socioeconomic pressures, the suspected abuser can avoid incar- ceration and go home;

• A suspected abuser may marry his victim to avoid punishment. The provision is believed to prevent shame.

In a major victory for feminist groups and others, in April 2017, the Jordanian government announced the revocation of Article 308.162 A coalition of 92 civil society organisations, the

162 BBC News, “Article 308: Jordan to scrap marriage loophole for rapists”, BBC News, 24 April 2017, http://www.bbc.com/news/world-middle-east-39692020

Jordanian Civil Coalition to Repeal Article 308, has been working for years to repeal Article 308 of the Penal Code that exempted suspected rapists who marry their girl victims aged 15- 18 from punishment.163

According to academic research and media reports, women who seek protection from the state because they suffer from domestic abuse or the risk of ‘honour crimes’ being committed against them are often placed under ‘protective custody’, which effectively subject them to administrative detention since they are not allowed to leave the centres in

163 Sisterhood is Global Institute et. al, “Jordan”, Submission to the CEDAW Committee Pre-Sessional Working Group for the 66th Session, 2016, p. 3, http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/JOR/INT_CEDAW_NGO_JOR_24228_E.pdf

which they are housed.164

Nationality rights A Jordanian man may pass his Jordan has a reser- According to civil nationality to his non-Jordanian vation to Article 9(2) society and media Does a wife have the right to con- wife, provided she meets various of CEDAW.171 reports, the follow- fer her citizenship on foreign hus- conditions.165 However, the law ing are some of the bands and children? Can the na- does not specifically provide for a The Government of issues that arise tionality of an adult woman be Jordanian woman to confer her Jordan in its 2006 resulting from the arbitrarily removed because of nationality to her foreign husband. report to the unequal nationality marriage or dissolution of mar- CEDAW Committee rights between riage or because her husband or A Jordanian woman who marries explained that it is women and men in father changes his nationality? a non-Jordanian and who ac- unable to amend the Jordan: quires the nationality of her hus- Jordanian Applicable CEDAW Provision band may retain her Jordanian Nationality Law to • Without access to Article 9 nationality unless she renounces guarantee that Jordanian citi- Para. 6 GR21 it.166 In addition, a Jordanian Jordanian women zenship, the chil- woman whose husband is being has the right to pass dren of Jordanian naturalised to acquire the her nationality to her mothers and for- nationality of another country children for reasons eign fathers are because of special circumstances that include: (i) the unable to access may retain her Jordanian political situation many social ser- nationality.167 prevailing in the vices. This has region; (ii) the fact been reported to A Jordanian father passes his that nationality of create a financial citizenship to his children wherev- two Arab States strain on families er they are born.168 Jordanian simultaneously is and contributes to nationality may only be granted to not permissible poverty;176

164 Jo Baker and Elna Sondergaard, “Conditions for Women in Detention in Jordan: Needs, Vulnerabilities and Good Practices”, (Dignity Publication Series on Torture and Organised Violence, 9, 2015), pp. 24-26, https://dignityinstitute.org/media/2066001/pubseriesno9_wid_jordan.pdf and Dana Al Emam, “Administration Detention of Women for ‘Protection’ is Illegal, Activists Say”, The Jordan Times, 1 November 2016, http://www.jordantimes.com/news/local/administrative-detention-women- protection-illegal%E2%80%99-activists-say 165 Article 8(1) of the Nationality Act (1954), http://www.refworld.org/docid/3ae6b4ea13.html 166 Article 8(2) of the Nationality Act (1954), http://www.refworld.org/docid/3ae6b4ea13.html 167 Article 8(3) of the Nationality Act (1954), http://www.refworld.org/docid/3ae6b4ea13.html 168 Article 9 of the Nationality Act (1954), http://www.refworld.org/docid/3ae6b4ea13.html

a child born to a Jordanian mother under a decision of if the child is born in Jordan and the League of Arab • Because they are either: (i) the father’s nationality is States; and (iii) the unable to confer unknown; or (ii) the father is state- objection of some their nationality less; or (iii) the child’s paternity States to the on their husbands cannot be legally established.169 granting of and children, Jordanian nationality women are The Passports Act allows the to the children of viewed as being Cabinet, on the recommendation Jordanian women “punished” for of the Minister of the Interior and married to their marrying foreign- “in justified humanitarian circum- nationals because ers;177 stances”, to issue a Jordanian those States do not passport for a fixed period of time permit dual • Children of Jor- 172 to children of Jordanian women nationality. danian women 170 married to foreigners. married to for- In its 2015 report to eigners cannot the CEDAW Com- obtain public sec- mittee, the Jordani- tor/government an government stat- jobs;178 ed that it is endeav- oring to “ease the • Although around life of the children of 56,000 identity Jordanian women cards were is- married to foreign- sued to children ers by facilitating of Jordanian residence, exempt- women married ing them from fines to foreigners, and ensuring their many of them

171 United Nations Treaty Collection Website, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&clang=_en 176 Elizabeth Whitman, “Jordan’s Second-Class Citizens”, Boston Review, 14 October 2013, https://bostonreview.net/world/whitman-jordan-citizenship 169 Jordan State party report, U.N. Doc. CEDAW/C/JOR/3-4 (2006), para. 94, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 170 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 51, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 172 Jordan State party report, U.N. Doc. CEDAW/C/JOR/3-4 (2006), para. 94, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 177 Areej Abuqudairi, “Women Punished for Marrying Non-Jordanians”, Al-Jazeera, 20 December 2014, http://www.aljazeera.com/news/middleeast/2014/12/women- punished-marrying-non-jordanians-20141215121425528481.html 178 Information obtained from Jordanian advocate, February 2017

right to work and have reportedly education.” Children been unable to of Jordanian moth- obtain the prom- ers married to non- ised benefits due Jordanian fathers to lack of follow are thus treated as through by gov- Jordanians with re- ernment offi- spect to education, cials.179 health, work, estate, investment and obtaining a driver’s license.173 For the children to be eligi- ble for the benefits: (i) the Jordanian mother must have lived in Jordan with the children for 5 consecutive years;174 and (ii) the children should have legal residence and not be married.175

173 Jordan State party report, U.N. Doc. CEDAW/C/JOR/6 (2015), para. 51, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx. See also Passports Act (1969), http://alrai.com/article/604725.html. 174 Areej Abuqudairi, “Women Punished for Marrying Non-Jordanians”, Al-Jazeera, 20 December 2014, http://www.aljazeera.com/news/middleeast/2014/12/women- punished-marrying-non-jordanians-20141215121425528481.html 175 Information obtained from Jordanian advocate, February 2017 179 Human Rights Watch, “Letter to the Prime Minister of Jordan”, 29 November 2016, https://www.hrw.org/news/2016/11/29/letter-he-dr-hani-al-mulki-human-rights-watch