The Independent Commission for Human Rights
Adapting Personal Status Laws
to the Convention
The Personal Status Law establishes an inequitable gender relationship,
granting men supremacy over women within the family structure. Such
an imbalanced relationship subjugates women to men by allowing them
to have control over women’s bodies, work and movement.
The Jordanian Personal Status Law No. (16) of 1976, enforced in the West
Bank, and the Family Rights Law issued by virtue of Order No. (303) of
1954, enforced in the Gaza Strip, grants men exclusively the power to file
for marriage and gives them the right to guardianship and trusteeship. It
also considers a man responsible for supporting his wife, and so she must
obey him and accept his decisions with regard to changing their place of
residence or preventing her from working. The law also grants the man
the right to divorce with no conditions or restrictions while conditioning
the wife’s right to request divorce on presenting justifications (absence,
discord, dispute, imprisonment of the husband) and the consent of the
Sharia judiciary.
In 2012, the Chief Justice Bureau issued a number of decisions within the
sphere of its powers to facilitate litigation proceedings and do justice to
the categories affected by the valid law. The first decision was relevant to
the right of the father and the mother to host and meet with their children.
The parent who does not have the right to guardianship has the right
according to this decision to host the children at his\her home for (24)
hours per week. The second decision was relevant to Khul’ (separation),
whereby the fiancée can divorce her fiancé before the consummation of
marriage provided she pays him back the expenditures of the betrothal.
The third decision is relevant to the procedures of separation due to
dispute and discord. Pursuant to this decision, the condition of proof by
the plaintiff was revoked and replaced with the condition of verification.
The plaintiff should, in cases of separation due to dispute and discord,
support the reason of claim through verification of the occurrence of
harm through a testimony by witnesses, medical report or a complaint
to the police. The recognition of the principle of “verification” grants the
judge the power to decide divorce based on the facts of the lawsuit, and
so minimize the proceedings of litigation in cases of separation due to
dispute and discord.
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