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5 - The Process of Family Law Reform in Jordan

Published online by Cambridge University Press:  19 February 2019

Dörthe Engelcke
Affiliation:
Max-Planck-Institut für ausländisches und internationales Privatrecht, Germany
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Summary

This chapter examines the reform process in Jordan from 2001 until 2010, highlighting the differences between the two reform attempts. Its main finding is that the dāʾirat qāḍī al-quḍāt, the SJD, gained significant power over the course of the decade, becoming the leading force behind the 2010 family law. The increasing dominance of the SJD can be attributed to the combination of two factors: the absence of the king and the strength of the socially conservative opposition to the amendments in 2001. The king did not engage in the process and did not mobilize his symbolic capital as a descendent of the Prophet Muhammad to claim authority over Islamic family law. This demonstrates that, in semi-authoritarian states, change is not necessarily imposed from above nor is it predetermined from the beginning. Whereas the 2001 amendments were issued as a royal decree and were perceived as imposed from above, the reform process in 2010 was much more inclusive, with participants commonly referring to the 2010 family law as the most discussed law in the history of Jordan. Various groups were allowed to debate the amendments during several meetings organized by the SJD, but greater inclusivity did not translate into having a say in the outcome of reform.
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Chapter
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Reforming Family Law
Social and Political Change in Jordan and Morocco
, pp. 113 - 132
Publisher: Cambridge University Press
Print publication year: 2019

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