An usu natum aperiri accommodare hendrerit

A Guide to Jordan's Legal System: Courts, Procedures, and Key Distinctions

Dispute Resolution
December 03, 2018

Introduction

Jordan's legal system is grounded in the Constitution, the Court Establishment Law of 1951, and includes civil, criminal, Islamic, and ecclesiastical laws. Influenced by Ottoman and British laws, the system integrates Islamic law with European models.

American citizens should note that while there are similarities between the U.S. and Jordanian legal systems, they are distinct. U.S. laws and judicial orders do not have legal standing in Jordan, and vice versa.

The Court System

Civil Court System

Magistrate’s Courts: Handle misdemeanors and minor crimes (sentences of up to two years) and civil cases involving amounts up to JD 750. There are 14 magistrates in Amman, and most cities have two or three. Cases are heard by a single judge.
Courts of First Instance: Deal with serious criminal cases not covered by magistrate courts and civil cases where damages exceed JD 750. Criminal cases are heard by two judges, while civil matters are heard by one. Located in Amman and other major cities.
Major Felonies Court: Has jurisdiction over serious crimes (e.g., manslaughter, rape). Located in Amman with three judges per case. Appeals go directly to the Court of Cassation.
Courts of Appeal: Review appeals from the Courts of First Instance and Magistrate’s Courts. A three-judge panel hears cases and may rehear cases if necessary.
Courts of Cassation: The Supreme Court of Jordan, hearing appeals in major criminal and civil cases. Consists of up to 15 judges, with five usually hearing each case.

Military Court System

Handles national security crimes and military offenses. Cases cannot be appealed but must be ratified by the Prime Minister. Military judges adjudicate these cases.

Religious Court System

Shari’a Courts: Deal with personal status matters for Muslims, including marriage, divorce, and inheritance.
Christian Religious Councils: Handle similar matters for Christian communities.
Civil Courts: Manage cases for other religious groups, applying the closest religious law.

Other Courts

Juvenile Courts: Handle offenses by minors with parental presence.
Police Court: Deals with crimes committed by police officers.
Land Settlement Courts: Resolve disputes over unregistered land.
Income Tax and Customs Courts: Address tax and customs disputes.
Tribal Courts: Previously abolished but still operate unofficially in some tribal matters.

Criminal Law Procedure

Suspects must be charged within 48 hours of arrest. They have the right to remain silent and to legal representation. Defendants can cross-examine witnesses and present their own. Confessions may be challenged if alleged to be given under duress. Cases are heard by judges, with no jury trials.

Civil Law Procedure

To file a lawsuit, one must submit a writ of summons and a fee of 3% of the claim amount. The court serves the summons to the defendant. If the defendant cannot be found, the summons may be left with relatives or at the defendant’s usual residence.