Identifier
Created
Classification
Origin
04AMMAN6160
2004-07-21 12:49:00
CONFIDENTIAL
Embassy Amman
Cable title:  

PERSONAL STATUS LAW DEFEATED, AGAIN

Tags:  PGOV KWMN JO 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 02 AMMAN 006160 

SIPDIS

E.O. 12958: DECL: 07/21/2014
TAGS: PGOV KWMN JO
SUBJECT: PERSONAL STATUS LAW DEFEATED, AGAIN

Classified By: Charge d'Affaires David Hale for reasons 1.5 (b)(d)

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SUMMARY
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C O N F I D E N T I A L SECTION 01 OF 02 AMMAN 006160

SIPDIS

E.O. 12958: DECL: 07/21/2014
TAGS: PGOV KWMN JO
SUBJECT: PERSONAL STATUS LAW DEFEATED, AGAIN

Classified By: Charge d'Affaires David Hale for reasons 1.5 (b)(d)

--------------
SUMMARY
--------------


1. (C) Despite lobbying by activists, conservative, tribal,
and Islamist members of Jordan's Lower House of Parliament
joined to reject for a second time a provisional "Personal
Status Law" that gives a woman the right to divorce her
husband. Dubbed the "khuloe law," it also includes a
provision to raise the legal, marriageable age for both men
and women to 18. The vote surprised and angered women's
activists. Despite the setback, activists and the GOJ are
intent in seeing the law pass, and will look to the
(royally-appointed and more liberal) Senate to advocate
strongly for its passage. Meanwhile, the original
provisional law remains in force unamended. This relatively
rare parliamentary resistance to the government is a sign of
the political ineptness of the Fayez government in dealing
with Parliament. It also highlights the irony that the
strongest supporters of the monarchy, well-represented in a
gerrymandered Parliament that favors tribal and rural
elements, are also among those most resistant to the King's
progressive social reform agenda. End Summary.

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PERSONAL STATUS LAW FACES YET ANOTHER SETBACK
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2. (U) The Lower House of Jordan's Parliament on June 27
voted for a second time to reject the provisional Personal
Status Law that would give women the right to divorce their
husbands (known as "khuloe" in Arabic). A narrow majority
(44 of 83 members present),comprised mainly of Islamist,
conservative, and tribal members voted against the law, which
also would raise the legal marriageable age to 18 for both
men and women. (It previously was 15 for women and 16 for
men.) Critics of the "khuloe law" charge that it encourages
family disintegration and immorality.


3. (C) The law has been a lightening rod in the struggle
between the reform-minded regime and its
socially-conservative Lower House. To the chagrin of
activists, the law was rejected by a wide margin in August

2003. Activists and GOJ officials lamented that the law was
brought to a vote so quickly, before MPs could educate
themselves (or activists could lobby them) about the law.
GOJ officials had not explained the law well before it was

brought for a vote, and were taken aback by the vehement
opposition. Activists complained that many MPs voted
negatively in August not because they opposed the law itself,
but out of anger with the GOJ for dismissing parliament and
pushing forth laws in its absence.


4. (C) The controversial law has bounced back and forth
between the two houses of Parliament over the last year.
After the Lower House's rejection in August, the law was sent
to the Upper House for consideration. Meanwhile, activists
initiated a country-wide lobbying effort, organizing town
meetings and enlisting religious leaders to explain that
khuloe is sanctioned by Sharia. The Legal Committee of the
Upper House on August 25 recommended its passage. From
there, it was returned with amendments to the Lower House
whose Legal Committee undertook a review in September 2003.
Last month, the Committee finally announced its endorsement
of the law. Despite the committee's recommendation, the law
was voted down on June 27. Three of six female MPs voted in
favor, two voted against, and one did not show up for the
vote.

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ACTIVISTS SLAM MPS
--------------


5. (C) The second rejection angered activists and GOJ
officials. Activists ridiculed many MPs' comments about the
law as ignorant and backward. For example, Islamic Action
Front (IAF) MP Mohammad Abu Fares, who voted against the law,
publicly charged: "This law gives women the right to divorce
their husbands to pursue affairs with other men they like
better than their husbands." According to IAF Deputy Ali
Utoum, "Women who initiate divorce proceedings under this law
are often women of comfort and leisure who don't care about
their families."


6. (C) During a meeting with PolOff after the vote,
University of Jordan Professor Bashir al-Khadra labeled
opponents of the personal status law "stupid," noting that
Islamic scholars and religious officials have accurately
explained that khuloe is sanctioned in the Qur'an. (Minister
of Awqaf and Religious Affairs Ahmed Hilayel publicly
defended the Upper House's endorsement and countered IAF and
other deputies' claims that the law contradicted Sharia.)
Hamdi Murad, a professor of comparative religions and Islamic
studies at al-Balq'a University, agreed. He told PolOff he
had strongly advocated passage of the law in various forums,
saying that most who voted in opposition were not experts in
Islam. He lamented that some people would simply not change
their minds despite his best efforts to explain the issue.

7. (C) However, several activists blamed politics for the
law's defeat. Anger at the GOJ for other matters prompted
many to vote against the personal status law "because they
could," according to human rights activist Fawzi Samhoury.
He believes that the law eventually will pass because it is
logical and consistent with Islam, but the government (and
NGOs) will have to put forth an even stronger lobbying effort.

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GOJ, ACTIVISTS VOW TO FIGHT ON
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8. (C) Now that the Lower House has rejected the law for a
second time, it will return to the Senate for
re-consideration. If the Upper House decides again to
approve the law (as most activists expect),the Jordanian
Constitution requires both Houses to convene in joint session
for a debate and final vote. No timetable has been
announced, but Senate President Zaid Rifai insists the GOJ is
intent on passing the khuloe law.


9. (C) According to activist Nuha Maayta, the GOJ initiated
a strong lobbying effort after the khuloe law was initially
rejected in August, but in recent months, other priorities
took precedence. She slammed as "useless" the two women MPs
(one of whom is an IAF member) who voted against the law, and
the one who failed to show up for the vote. Secretary
General of the Jordanian National Commission for Women (which
spearheaded the lobbying effort last summer) Amal Sabbagh
lamented to PolOff that she felt the GOJ has a tendency to
sacrifice initiatives that favored women's' empowerment in
order to win support for other (usually economic development
and financial) priorities.

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COMMENT
--------------


10. (C) Activists are disheartened by the Lower House's
rejection of the khuloe law given their (and the GOJ's)
lobbying efforts, but not totally surprised, noting the Lower
House's penchant for ill-informed and socially-conservative
behavior. They are hopeful that the more pliable Senate,
which includes several prominent women activists, will serve
as a catalyst in finally approving the law. The original
provisional khuloe law remains in force and unamended until
the Parliament takes final action. Activists are committed
to its final approval, seeing such a vote as a moral victory
against the conservative tide in Jordan.


11. (C) Comment Continued. This rare parliamentary
resistance is a sign of GOJ ineptness in dealing with
Parliament. (There are also so many "red lines" preventing
parliamentary attack on unpopular foreign and security
policies, that MPs can't resist a populist issue that falls
within the bounds of acceptable debate.) It is ironic that
the strongest supporters of the monarchy -- rural, tribal
elements bolstered by the gerrymandered electoral districts
-- are also the most resistant to the King's progressive
social reform agenda.
HALE