Jordan is a Middle Eastern country sharing a border with Saudi Arabia, Iraq, Syria, Israel. The population of this country is approx 1,11,80,568 with 89,342 square kilometers area. Official language is Arabic. Ethnically 95% are Arabs, the remaining 5% are Circassians, Chechens, Armenians, etc. 95% Sunni Muslims, remaining 5% Christians, Shia Muslims, Druze, Bahai, Ahmadiyya etc.
According to the Jordanian constitution, no minister shall purchase or lease any public property; even if it is through public auction. Minister cannot be a member of the board of directors of any commercial organization, participate in any commercial or financial business or receive salary from any commercial organization during his ministry.
If someone is a debtor and is not legally discharged; or who has been sentenced to imprisonment for a term exceeding one year for a non-political offense and has not been pardoned; or a relative of the king - such a person is ineligible to be a member of the Jordanian parliament.
These are positive aspects. Now let's discuss the negative aspects.
Monarchical rule is prevalent. After the death of the King, his family member will become the next King. Although there is a parliament and a government, almost all its powers are vested in the King. Parliament has two chambers; And the King can at any moment dissolve the "House of Representatives" or the "Senate". Beside that, he can also dismiss any member of the Senate. The king appoints and dismisses the Prime Minister. Even the Prime Minister, Ministers and Members of Parliament have to take an oath of loyalty to the King to start their duties. The Judges of the court are appointed and dismissed by the King.
Admirable Articles of Jordan's Constitution
Article 6 (Part of it)
1. Jordanians shall be equal before the law with no discrimination between them in rights and duties even if they differ in race, language or religion.
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 10
Dwelling houses shall be inviolable and may not be entered except in the circumstances prescribed by law, and in the manner provided for therein.
Article 11
No property of any person shall be expropriated except for public utility and in consideration of a just compensation as shall be 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 14
The State shall safeguard the free exercise of the rites of religions and creeds in accordance with the customs observed in the Kingdom, if such is not inconsistent with public order or morality.
Article 18
All postal and telegraphic correspondence, telephonic communications, and the other communications means shall be regarded as secret and shall not be subject to censorship, viewing, suspension or confiscation except by a judicial order in accordance with the provisions of the law.
Article 44
The Minister may not purchase or lease any Government property even if this is in public auction. He may not, during his ministerial office, be a member of the board of directors of any company, take part in any commercial or financial business or receive a salary from any company.
Article 75 (Part of it)
1. No person shall be a member of the Senate and the House of Representatives:
a. Who is not a Jordanian.
b. Who was adjudged bankrupt and has not been legally discharged.
c. Who was interdicted and the interdiction has not been removed.
d. Who was sentenced to imprisonment for a period exceeding one year for a non-political crime and has not been pardoned.
e. Who is insane or imbecile.
f. Who is of the relatives of the King in the degree of consanguinity to be prescribed by a special law.
2. Every member of the Senate and the House of Representatives - during the term of his membership - shall refrain from contracting with the government; public official corporations; the companies owned or dominated by the government; or any public official corporation whether this contracting is in a direct or indirect way with the exception of contracts of lease of land and property and who is a shareholder in a company the members of which exceed ten persons.
Facts of Jordan's Constitution
Preamble
We, Talal the First, King of the Hashemite Kingdom of Jordan, in accordance with Article 25 of the Constitution, and in pursuance of the decision of the Senate and the House of Representatives, hereby approve the following amended Constitution and decree its promulgation.
Article 2
Islam is the religion of the State and Arabic is its official language.
Article 28
The Throne of the Hashemite Kingdom of Jordan is hereditary to the dynasty of King Abdullah Bin Al-Hussein in a direct line through the male heirs pursuant to the following provisions:
a. The Royal title shall pass from the holder of the Throne to his eldest son, then to the eldest son of that eldest son, and in linear succession in a similar process thereafter. Should the eldest son die before the Throne devolves upon him, his eldest son shall inherit the Throne, even if the deceased has brothers. The King may, however, select one of his brothers as heir apparent. In this event, the title to the Throne shall pass to him from the holder of the Throne.
b. If the person entitled to the Throne does not have a male heir, it shall pass to his eldest brother. If he has no brothers, to the eldest son of his eldest brother. If his eldest brother has no son, to the eldest son of his other brothers according to the seniority in age of the brothers.
c. In the absence of brothers and nephews, the title to the Throne shall pass to the uncles and their descendants, in the order prescribed in Paragraph (b).
d. Should the last King die without an heir in the manner prescribed above, the Throne shall devolve upon the person selected by the Parliament from amongst the descendants of the founder of the Arab Renaissance, the late King Hussein Bin Ali.
e. It is a condition for the person who shall ascend the Throne to be a Moslem, mentally sound, born by a legitimate wife, and of Moslem parents.
f. None of the persons who have been excluded from succession by a Royal Decree on the ground of their unsuitability shall ascend the Throne.
Such exclusion shall not include the descendants of such person. Such Decree shall be countersigned by the Prime Minister and four Ministers at least, of whom shall be the Ministers of Interior and of Justice.
g. The King attains his majority upon the completion of eighteen lunar years of his age. If the Throne devolves upon a person who is below this age, the powers of the King shall be exercised by the Regent or the Council of Regency who shall have been appointed by a Royal Decree issued by the reigning King. If he dies without making such nomination, the Council of Ministers shall appoint the Regent or the Council of Regency.
h. Should the King become unable to exercise his power on account of his illness, his powers shall be exercised by a Viceregent or a Council of Viceregents. The Viceregent or the Council of Viceregents shall be appointed by a Royal Decree. When the King is unable to make such appointment, it shall be made by the Council of Ministers.
i. Should the King intend to leave the country, he shall, before his departure and by a Royal Decree, appoint a Viceregent or a Council of Viceregents to exercise his powers during the period of his absence. The Viceregent or Council of Viceregents shall observe any conditions which may be contained in that Decree. If the absence of the King extends to more than four months and the Parliament is not in session, it shall be summoned immediately to consider the matter.
j. Before the Regent or Viceregent or the member of the Council of Regency or of the Council of Viceregents assumes his office, he shall take the oath prescribed in Article (29) of this Constitution before the Council of Ministers.
k. Should the Regent or Viceregent or a member of the Council of Regency or of the Council of Viceregents die or become incapable of performing his functions, the Council of Ministers shall appoint a suitable person to replace him.
l. The age of a Regent or Viceregent or a member of the Council of Regency or of the Council of Viceregents shall not be less than (30) lunar years. However, a male relative of the King who has completed eighteen lunar years of his age may be appointed.
m. If it is impossible for who has the title to the Throne to rule due to a mental illness, the Council of Ministers, on confirmation of that, shall immediately convene the Parliament. Should that illness be definitely confirmed, the Parliament shall decide to terminate his rule, whereupon the title to the Throne shall be transferred to the person entitled thereto after him according to the provisions of the Constitution. If the House of Representatives stands dissolved at that time or if its term had expired and the new House has not been elected, the former House of Representatives shall be convened for this purpose.
Article 31
The King shall ratify the laws, promulgate them and order the enactment of the regulations necessary for their implementation, provided that they shall not contain whatever violates the provisions thereof.
Article 33
1. The King declares war, makes peace and concludes treaties and agreements.
2. Treaties and agreements which entail any expenditures to the Treasury of the State or affect the public or private rights of Jordanians shall not be valid unless approved by the Parliament; and in no case shall the secret terms in a treaty or agreement be contrary to the overt terms.
Article 34
1. The King issues orders for the holding of elections to the House of Representatives in accordance with the provisions of the law.
2. The King convenes the Parliament, inaugurates, adjourns, and prorogues it in accordance with the provisions of the Constitution.
3. The King may dissolve the House of Representatives.
4. The King may dissolve the Senate or relieve one of its members of the membership.
Article 35
The King appoints the Prime Minister, dismisses him and accepts his resignation, and appoints the Ministers, dismisses them and accepts their resignation upon the recommendation of the Prime Minister.
Article 36
The King appoints the members of the Senate and appoints the Speaker of the Senate from amongst them and accepts their resignation.
Article 40
1. Subject to the provisions of paragraph (2) of this article: The King shall exercise his powers by a Royal Decree, and the Royal Decree shall be signed by the Prime Minister and the Minister or Ministers concerned. The King shall express his concurrence by placing his signature above the said signatures.
2. The King shall exercise his powers without a royal decree signed by the Prime Minister and the Minister or Ministers concerned in the following cases:
a. Choosing the Crown Prince.
b. Appointing a Viceroy.
c. Appointing the Speaker of the Senate and its members, dissolving the Senate, and accepting the resignation of any of its members or relieving members of their membership.
d. Appointing the chair of the Judicial Council and accepting his resignation.
e. Appointing the chair of the Constitutional Court and its members and accepting their resignations.
f. Appointing the commander of the army, the director of intelligence, and director of the gendarmerie and terminating their services.
Article 43
The Prime Minister and Ministers shall, before assuming their functions, take the following oath before the King:
"I swear by Almighty God to be loyal to the King, uphold the Constitution, serve the Nation and conscientiously perform the duties entrusted to me".
Article 61
2. The President and Members of the Constitutional Court shall prior to assuming their functions take - before the King - an oath the text of which is:
"I swear by Almighty God to be loyal to the King and the country, to uphold the Constitution, to serve the Nation, and to honestly perform the duties entrusted to me".
Article 75
3. If any of the cases of disqualification provided for in Paragraph (1) of this Article takes place as regards any of the members of the Senate and the House of Representatives during his membership or appears after his election, or violates the provisions of Paragraph (2) of this Article, his membership shall necessarily be non-existent and his seat shall become vacant, provided that the decision - if issued by Senate - shall be submitted to His Majesty the King for ratification.
Article 80
Every member of the Senate and the House of Representatives shall, before starting his work, take an oath before his House in the following provision:
"I swear by Almighty God to be loyal to the King and to the country, uphold the Constitution, serve the Nation, and duly perform the duties entrusted to me."
Article 98 (Part of it)
1. Judges of the Civil and Sharia Courts shall be appointed and dismissed by a Royal Decree in accordance with the provisions of the laws.
Article 99
The courts are of three types:
1. Civil Courts
2. Religious Courts
3. Special Courts
Article 104
Religious Courts shall be divided into:
1. The Sharia Courts
2. The Tribunals of other Religious Communities
Article 105
The Sharia Courts alone shall have the jurisdiction - in accordance with their own laws - in the following matters:
1. Matters of personal status of Moslems.
2. Cases of blood money (Diya) if the two parties are both Moslems or one of the parties is not a Moslem and the two parties consent to that the right of jurisdiction be for the Sharia Courts.
3. Matters pertaining to Islamic (Waqfs).
Article 106
Sharia Courts shall in their jurisdiction apply the provisions of the Sharia.
Article 107
The manner of organisation of the affairs of the Islamic (Waqfs) and the administration of their financial and other matters, shall be specified by a special law.
Article 108
The Tribunals of Religious Communities are the tribunals of the non-Moslem religious communities that have been or will be recognised by the Government as established in the Hashemite Kingdom of Jordan.
Article 109
1. The Tribunals of Religious Communities shall be composed in conformity with the provisions of laws issued pertaining thereto. In such laws the jurisdictions of said Tribunals shall be defined as regards matters of personal status and (Waqfs) constituted for the benefit of the community concerned. However, matters of personal status of such community shall be the matters of personal status of Moslems within the jurisdiction of the Sharia Courts.
2. The Tribunals of Religious Communities shall apply the procedures and provisions related to the matters of personal status which are not considered matters of personal status of Moslems within the jurisdiction of the Sharia Courts; provided that the legislations of such Tribunals shall organize the conditions of the appointment of their judges and the procedures of trials before them.
