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Jordan
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
Provisions related to forced marriage in Jordan are found in the Penal Code, which addresses inciting a woman to leave her home to follow a man at Article 304, with a potential penalty of imprisonment for minimum three months. However, if a marriage is concluded between the perpetrator and the victim, the penalty shall be suspended.
Consent to marriage
There appears to be no legislation in Jordan that requires consent to marriage.
Servile marriage
There appears to be no legislation in Jordan prohibits servile matrimonial transactions.
Marriage trafficking
There appears to be no legislation in Jordan that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage in Jordan is 18, without differentiation by gender, as set out on Article 10 of the 2019 Personal Status Law. However, marriages below this age are permitted with the approval of the judge if there is a particular necessity, as set out on Article 10 of the 2019 Personal Status Law. These exceptions are not differentiated by gender, and allow marriage as early as 15. Marrying, performing or assisting in performing a marriage with a girl under 15 years, or a girl under 18 years without the consent of the guardian, if punishable with a potential penalty of imprisonment from one to six months, as set out on Article 279 of the Penal Code.
Region
Asia-Pacific
Regional Court
Not party to a court
Legal System
Mixed
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- Bali Process
- Organisation of Islamic Cooperation
- Arab League
Legislative Provisions
THE CONSTITUTION OF THE HASHEMITE KINGDOM OF JORDAN
Article 6
3. The State shall ensure work and education within the limits of its possibilities, and shall ensure tranquility and equal opportunities to all Jordanians.
Article 7
1. Personal freedom shall be guaranteed.
2. Every infringement on rights and public freedoms or the inviolability of the private life of Jordanians is a crime punishable by law.
Article 8
1. No person may be seized, detained, imprisoned or the freedom thereof restricted except in accordance with the provisions of the law.
2. Every person seized, detained, imprisoned or the freedom thereof restricted should be treated in a manner that preserves human dignity; may not be tortured, in any manner, bodily or morally harmed; and may not be detained in other than the places permitted by laws; and every statement uttered by any person under any torture, harm or threat shall not be regarded.
Article 9
2. No Jordanian may be prohibited from residing at any place; be prevented from movement; or be compelled to reside in a specified place, except in the circumstances prescribed by law.
Article 13
Compulsory labour shall not be imposed on any person, but pursuant to law, work or service may be imposed on any person:
1.in a state of necessity, such as the state of war, the occurrence of a public danger, fire, flood, famine, earthquake, severe epidemic among humans or animals; or diseases of animals, insects, plants or any other similar disease, or in any other circumstances which might endanger the safety of the population, in whole or in part.
2.as a result of the conviction thereof by a court, provided that the work or service is performed under the supervision of an official authority; and provided that the convicted person shall not be hired to any persons, companies, societies or any public body, or be placed at their disposal.
Article 23
1. Work is the right of all citizens, and the State shall avail it to Jordanians by directing and improving the national economy.
2. The State shall protect labour and enact legislation therefor based on the following principles:
a. Giving the worker a wage commensurate with the quantity and quality of his work.
b. Defining weekly work hours and granting workers weekly and annual paid rest days.
c. Specifying special compensation to workers supporting families and in the cases of dismissal, illness, disability and emergencies arising out of work.
d. Establishing special conditions for the work of women and juveniles.
e. Subjection of factories to health safeguards.
f. Free trade union within the limits of the law.Jordan Constitution
PENAL CODE
Article 279: Offences Relating to Marriage
A prison sentence for a period of one (1) to six (6) months shall be imposed upon any person who:
1. Knowingly performed, or assisted in performing, a marriage ceremony in contradiction with the provisions of the Family Rights Law, or any other law that applies to the spouses; or,
2. Marries a girl or, performed, or assisted in performing in any manner whatsoever, the marriage ceremony of a girl under fifteen (15) years of age; or,
3. Marries a girl, performed, or assisted in performing in any manner whatsoever, the marriage ceremony of a girl under eighteen (18) years of age, without having previously acknowledged that the guardian of the girl gave his consent to such a marriage.
Article 302: Abduction
Any person who abducts, by using a ruse or coercion, another person, whether male or female, and escapes with the abducted person to any place, shall be sentenced to:
1. A prison sentence of two (2) to three (3) years, if the abducted person is a male and has not reached fifteen (15) years of age;
2. Temporary hard labour, if the abducted person is a female;
3. Hard labour for a period of no less than five (5) years, if the abducted person was a married female who has reached, or not, fifteen (15) years of age;
4. Hard labour for a period of no less than ten (10) years, if the abducted person, male or female, was raped or attacked; 5. Hard labour for a period of no less than ten (10) years, if the abducted person was a married female, who has not reached fifteen (15) years of age, and who was sexually assaulted;
6. Hard labour for a period of no less than seven (7) years, if the abducted person was a married female, who has reached fifteen (15) years of age, and who was sexually assaulted.
Article 311: Coerced Debauchery
A prison sentence of one (1) to three (3) years shall be imposed upon any person who:
1. Leads or attempts to lead a woman by coercion or intimidation to have illegal sexual intercourse inside or outside the country;
2. Leads a woman who is not a prostitute, and not known for her immoral character, by making false claims or by other means of deception, to have illegal sexual intercourse with another person; or
3. Gives to a woman, or causes her to be given, a drug or another substance with the intent of subduing her to have illegal sexual intercourse with another person.
Article (346) Deprivation of liberty
Whoever unlawfully detains and deprives a person of his liberty, he/she shall be punished by imprisonment for a period not to exceed one year or by a fine not to exceed fifty dinars, if the perpetrator dose so by falsely claiming that he/she is a public official and has a legal detention warrant, then the punishment shall be from six months to two years. If these acts were directed against a public official while in the course of executing the duties of his/her office or if he/she is killed as a consequence of such duty.
Article (389) Of Beggars
1. Whoever behaves in a disorderly or indecent manner in a public place;
2. is found wondering or placing him/herself in any public place to beg or gather alms, whether by the exposure of wounds or deformation or by any other means whatsoever or causing procuring or encouraging any child under the age of sixteen years to do so;
3. is found going about as a gatherer or collector of alms , or endeavoring to procure charitable contributions of any nature or kind under any false or fraudulent pretence.
4. in any public place conducts him in a manner likely to cause a breach of peace.
5. is found wandering in or upon or near any premises or in any road or highway or any place adjacent hereto, or in any public place at such time and under such circumstances as to lead to the conclusion that he is there for an illegal or disorderly purpose.
the first time, he / she shall be punished for a period not to exceed three months or the court may decide to refer him / her to any institution designated by the Minister of 70 Social Affairs and which provide care for beggars for a period not less than year and not more than three years.
ABOLITION OF SLAVERY ACT 1929
Invalidating slavery and prohibiting the sale of human beings, using them as collateral, forcibly handing them over to others, or any other action that demeans their dignity and turns them into a tradable commodity.
Article 2: abolition of slavery in all parts of Transjordan
Article 4: each contract including a requirement or a pledge to buy someone, servitude, give it to another for a mortgage or insurance for debt or any other way is void
Article 5: each person who buys, sells, reciprocates another person, gives him or takes him to another in order to be acquired or treated as a slave is subject to penalty
LABOUR CODE OF 1996
Section 45
Remuneration shall be specified in the contract. In the absence of such provision, the worker shall be paid the remuneration that would be assessed for work of the same type, if such type of work exists. Otherwise, remuneration shall be assessed in accordance with common practice. In the absence of such practice, payable remuneration shall be assessed by court in accordance with the provisions of this Code, considering the case as a labour dispute over remuneration.
Section 53
An employer, or person acting on his behalf, who has paid a worker less than the minimum rate of remuneration shall be punishable by a fine of no less than twenty five and no more than one hundred Dinars in respect of each offense, and shall also be ordered to pay the worker the difference. The penalty shall be doubled every time the offense is repeated.
Section 73
Subject to the provisions relating to vocational training, no minor under sixteen shall be employed in any form.
Section 75
The employment of minors shall be prohibited:
(1) in excess of six hours a day, and minors shall be granted a rest period of at least one hour after four consecutive working hours;
(2) between eight in the evening and six in the morning;
(3) on religious and official holidays and on weekly rest days.
Section 77
Any employer or manager of an establishment who violates any provisions of this chapter or any regulations or decisions adopted thereunder, shall be liable to a fine of no less than one hundred and no more than five hundred Dinars. The fine shall be doubled every time the offense is repeated and may not be reduced beneath the minimum rate on any mitigating grounds.Jordan LABOUR CODE
ANTI-HUMAN TRAFFICKING LAW 2009
Article 8
Shall be punished by imprisonment for not less than six months or a fine of not less than one thousand dinars and not more than five thousand dinars, or both penalties commits human trafficking set forth in item 1 of paragraph (a) of Article 3 of this law crimes
Article 9
Notwithstanding the provisions in Article 8 shall be punished by hard labor for not more than ten years and a fine not less than five thousand dinars and not more than twenty thousand dinars Ka Net
Committed any of the crimes set forth in Item 2 of the impoverished (a) of Article 3 of this law
Committed any of the crimes of human trafficking in one of the following cases
1. If the perpetrator of the crime has been established, it organizes or directs an organized criminal group for human trafficking acceded to or participated by
2. If one of the female victims with disabilities
3. If the crime was committed through the exploitation of prostitution, or any form of sexual exploitation or the removal of organs
4. If the crime was committed using a gun or using it Altahedzd
5. If the victim was injured as a result of commission of an offense Mouncouso the incurable disease can not be cured
6. If the offender’s spouse, or one of the victim’s assets or branches or guardian or guardian
7. If the perpetrator is a public official or costly Balkhaddmha to the general and committed through the exploitation of his job, or the public service
8. If the nature of the crime with a transnational
Article 10
Shall be punished by imprisonment for a period not exceeding six months, all of the work by virtue of his job there is a plan to commit an offense set forth in Article 9 of this law or aware of such crimes and did not inform the relevant authorities about it
Shall be punished by imprisonment for a term not exceeding one year and a fine of not less than two hundred dinars and not exceeding one thousand dinars, or both penalties anyone who possesses or the disposition of any money which is aware of the Baja obtained from a one of the crimes stipulated in this LawJordan Trafficking in Persons Law
PENAL CODE
Article 279: Offences Relating to Marriage
A prison sentence for a period of one (1) to six (6) months shall be imposed upon any person who:
- Knowingly performed, or assisted in performing, a marriage ceremony in contradiction with the provisions of the Family Rights Law, or any other law that applies to the spouses; or,
- Marries a girl or, performed, or assisted in performing in any manner whatsoever, the marriage ceremony of a girl under fifteen (15) years of age; or,
- Marries a girl, performed, or assisted in performing in any manner whatsoever, the marriage ceremony of a girl under eighteen (18) years of age, without having previously acknowledged that the guardian of the girl gave his consent to such a marriage.
Article (304)
- Whoever seduces a virgin over fifteen years of age with the promise of marriage and made her lose her virginity shall be punished, if his act doses not require a stricter penalty, with imprisonment from three moths to one year in addition to compensation for loss of virginity.
- The evidences applicable in the case of seduction through the promise of marriage are the confession of the accused before the investigation judge or the court or the existence of letters other written papers.
- Whoever incites s woman, whether married or not, to leave her home in order to follow a man not related to her or to breach of the marital bond, shall be punished by imprisonment of no less than three months
Article (308)
- If a correct marriage contract is concluded between the perpetrator of one of the crimes stipulated in this section [Of Crimes against Honor] and the victim, any pursuit shall be stopped; if a judgment was issued in the case, execution of penalty shall be suspended.
- The Public Prosecution shall regain its right to reinitiate the legal action and implement the penalty if, before the passage of three years of committing the misdemeanor; or five years of committing the felony, such marriage ended by divorcing the woman without a legitimate cause.
PERSONAL STATUS LAW NO. (15) OF 2019
Article (5)
Marriage is a contract between a man and a woman who is legally permissible for him to form a family and find offspring
Article (6)
Marriage takes place with the offer of one of the suitors or his agent, and the acceptance of the other or his agent in the contract council
Article (10)
- In order to be eligible for marriage, the fiancé and the fiancée must be sane, and that each of them must complete eighteen solar years of his life
- Notwithstanding what is stated in Paragraph (a) of this Article, the judge may, with the approval of the Judge Judge, authorize in special cases the marriage of a person who has completed fifteen solar years of age in accordance with instructions issued for this purpose if his marriage is a necessity necessitated by the interest, and whoever married accordingly acquires competence Complete in everything related to marriage and divorce and their implications
Article (11)
It is forbidden to make the contract on a woman if her fiancé is more than twenty years older than her, except after the judge verifies her consent and choice
Article (16)
The consent of one of the guardians to the fiancé extinguishes the objection of others if they are of equal degree, and the consent of the farthest guardian in the absence of the closest guardian extinguishes the objection of the absent guardian, and the consent of the guardian is an indication of his explicit consent
Article (17)
If the closest guardian is absent and he is awaiting a loss in favor of the fiancée, the right of guardianship is transferred to the next one
Article (18)
Subject to the provisions of Article (10) of this law, the judge may, upon request, authorize the marriage of a virgin who has reached sixteen solar years of her age who is competent in the event that the guardian bears his muscles if he has no legitimate reason
Article (19)
The consent of the guardian is not required in the marriage of a vicious, sane .woman over the age of eighteen years
Article (21)
- In the necessity of marriage, the man must be efficient for the woman in religiosity and money, and for the efficiency of money, for the husband to be able to obtain an accelerated dowry and alimony for the wife
- Competence is a right for the woman and the guardian, and it is taken into account at the time of the contract, and if it disappears after it, this does not affect the marriage
Article (23)
The right to annul the marriage contract due to the incompetence of the husband lapses if the wife becomes pregnant or previously consented, or three months have passed since the guardian learned of the marriage
Article (28)
The following is temporarily prohibited
- Muslim marriage to a woman who is not of the book
- A Muslim woman marries a non-Muslim
- Marriage of an apostate from Islam or an apostate even if the other party is not a Muslim
Dr.. The wife of another person or his maid servant
- Combining, even in the waiting period, from a revocable divorce between two women. If .either of them imposed a male, it would be forbidden for him to marry the other
And the. Combining more than four wives or aggressive women after a revocable divorce
- The man married a woman who divorced him permanently by a major Baynunah except after the end of her ‘iddah from another husband, with whom he entered into a valid marriage
.H – Marry someone who censured her, unless he lied himself, and the judge verified that
Article (30)
- :The marriage contract is void in the following cases A man married someone who was forbidden to perpetuate him because of lineage or .1.intermarriage .The man married the wife of another person or his maid servant .2 .A Muslim married a non-Christian woman .3 .A Muslim woman married a non-Muslim .4
- In the cases mentioned in Clauses (1), (2) and (3) of Paragraph (A) of this Article, knowledge of the prohibition and its reason is proven, and ignorance is not an excuse if his claim is not accepted by the like of the plaintiff
Article (31)
The following cases in which the marriage contract is corrupt
- .The man married someone who was forbidden to him because of breastfeeding
- .The man married a woman, and it is forbidden for him to combine her with his wife
- .The man married a woman over four wives
Dr.. .A man married his divorcee three times, as long as she does not marry another husband
- Marriage without witnesses or witnesses who do not possess the descriptions required by Sharia
And the. .Temporary marriage, temporary marriage
- Subject to the provisions of Paragraph (c) of Article (35) of this Law, if the two contracting parties or one of them did not possess the eligibility conditions at the time of the contract or forcibly
Article (33)
If the contract is signed void, whether it is entered into or not, it is not beneficial in the first place and does not entail any effect of alimony, lineage, kit, or inheritance
Article (34)
If the contract is signed corrupt and there is no entry with it, it does not benefit a judgment in the first place and does not have an effect, but if it is entered into, then the dowry and waiting period are required, and the lineage and the progeny of marriage are proven in it, and the rest of the rulings such as inheritance and alimony are not bound by it
Article (35)
- The distinction between a man and a woman in a corrupt marriage depends on the judge’s judgment
- If the reason for separation prohibits the woman from her husband, it is necessary to forbid them from the time there is a requirement for separation
- A case of marriage corruption due to a young age will not be heard if the wife gave birth or was pregnant, or if the parties at the time of the lawsuit were in possession of the eligibility conditions
Article 203
- Every person who reaches the age of majority, enjoys his mental powers, and has not been forbidden, shall be fully competent to exercise his civil rights
- .The age of majority is eighteen full solar years
Jordan Personal Status Law-Arabic-PDF.