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7 - Contested Issues of Jordanian Family Law

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 demonstrates how structural factors shaped the content of the law by outlining the development of, and debates about, five legal provisions that were contested during the reform process: marriage of minors, guardianship, divorce, polygyny, and inheritance. These issues exemplify general legal trends relating to family law reform in Jordan, including the increase in state control over private matters and the moderating effects exerted by the legal system on the demands of women’s groups. The SJD’s dominant position enabled it to impose the terms of debate and thereby influence the development of the content of family law. They were able to reinforce a religious terminology and an overall religious reference of the law. The hierarchy of norms and sources that grant judicial decisions their authority was thereby preserved and family law was confirmed as Islamic law. The 2010 law has not fundamentally altered gender relations. Men retain financial obligations towards their wives, and in return they hold unilateral rights to divorce and are owed their wives’ obedience. Submerged beneath the rhetoric of preserving the Islamic nature of the law lay deeper disagreements over state intrusion into the family and thus issues of state control, gender roles, and the overall role that law should play in society.
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Reforming Family Law
Social and Political Change in Jordan and Morocco
, pp. 156 - 179
Publisher: Cambridge University Press
Print publication year: 2019

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