STATE OF DIVORCE LAW IN JORDAN: MILD IMPROVEMENT

C O N F I D E N T I A L SECTION 01 OF 02 AMMAN 003114

SIPDIS

E.O. 12958: DECL: 06/11/2012
TAGS: PHUM JO
SUBJECT: STATE OF DIVORCE LAW IN JORDAN: MILD IMPROVEMENT


Classified By: A/DCM DOUGLAS A. SILLIMAN. REASONS: 1.5 (B) and (D)


1. (SBU) SUMMARY. The Government of Jordan issued a cabinet
decree in December 2001 that allows certain Muslim women,
within a narrow legal framework, to bring a divorce action in
Sharia Court. To date, over 500 women have filed for divorce
under the new law; so far the court has granted divorces in 2
of these cases. While this law has not been formally
approved by the parliament and is narrowly tailored, it
appears to be a step towards a more accommodative Sharia
legal apparatus for Jordanian women in insufferable
marriages. END SUMMARY.

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BACKGROUND
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2. (SBU) Previously, a woman could not file for divorce
absent the consent of her husband. The husband could grant
such consent expressly in the original marriage contract or
any time thereafter. However, a woman could, under
extraordinary circumstances, convince a Sharia judge to grant
a divorce on her behalf. Under the old law, there were four
grounds through which such a divorce could be granted:
proof (to an extremely high degree of certainty) that her
husband had physically abused her, abandonment or
imprisonment of the husband for one year or more, refusal to
pay living expense, and 'ongoing disputes' between the
couple. Such divorces were granted sparingly on behalf of
women in extreme cases of physical abuse or abandonment, and
the legal process often took years at exorbitant cost.

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CABINET DECREE'S GENESIS IN THE HADITH, EGYPT
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3. (C) The cabinet decree is based on a passage in the
Hadith, where the Prophet Mohammad granted a divorce to a
woman, provided that she returned her dowry (in that case a
garden) to her husband. In this passage, the woman told
Mohammad that, although her husband was a good man, she did
not want to perform her womanly duties with him. She was
allowed to divorce her husband. Using this passage as a
precedent, Nora Sadat (wife of the late Egyptian President)
succeeded in her longstanding effort to establish the right
for women to divorce in Egyptian Sharia Court. In a
conversation with POLOFF, human rights activist Saeda Kilani
said that, although the Islamists in Egypt were miffed about
the law, they grudgingly accepted it. The Jordanian decree
is based upon the Egyptian law, and allows for a woman to
bring a divorce action if she is able to repay her dowry and
cede all financial benefits from the marriage.

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FASTER DIVORCES FOR SOME WOMEN
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4. (C) The new law allows for women to bring an action
independent of her husband or a Sharia judge, and affords
them greater expediency. However, as currently construed,
the law does not allow a large percentage of women to bring a
divorce action. Women from wealthier families (who are
willing to live with the social stigma of a divorced
daughter) may provide the financial backing their daughters
need to go forward with a divorce action, but the majority of
women do not have such a luxury. If a woman does get past
the financial issue, she still must convince a Sharia judge
that she has legitimate grounds for a divorce. There are no
codified grounds through which a divorce may be granted.
However, according to Zarqa social worker Nadia Bushnaq,
Sharia Courts are most likely to grant divorces under the new
law in cases of life-threatening physical abuse or
abandonment. (NOTE: One of the two women who have been
granted a divorce under the decree told a local newspaper
that she had suffered physical abuse by her husband for 13
years). As for child custody, young children are more likely
to be granted to the mother, whereas older children (girls
who have begun to menstruate and boys who are 12 years of
age) are almost always put in the custody of the father or
his family.

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LAW DOES NOT COVER CHRISTIAN WOMEN
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5. (C) Jordan does not grant civil marriages or divorces,
so Christian women must get a divorce via their church's
legal apparatus, and may not avail themselves of a Sharia
Court. These courts adjudicate divorce actions in accordance
with church law. In a meeting with POLOFF, a Roman Catholic
woman claimed that, despite years of severe physical abuse,
her church would not grant her a divorce. At the same time,
her family forbids her from filing criminal action against
her husband because it would besmirch the family name.

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COMMENT
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6. (C) While this new law is a cabinet decree that could
potentially be dismissed when parliament returns, there is
reasoned optimism among human rights activists that it will
become permanent. As the law is rooted in the Hadith and a
similar law has passed muster in Egypt (and other Muslim
countries),Jordanian Islamists will have a harder time
challenging its legitimacy. Currently, judges are only
allowing women in worst-case situations to obtain a divorce,
but, human rights activists hope, a more liberal
interpretation could develop over time. In light of
Jordanian traditions and cultural norms, progress is likely
to be slow. Nevertheless, this is a tangible step forward in
the development of legal options for abandoned or severely
abused Jordanian Muslim wives.
Gnehm