Dear Dogs Bollocks,
Thanks for an interesting question. I have a feeling I'd like to read
your book ;-)
The Jordanian Legal system is based on four legal sources:
(1) The Sharia, that is Islamic code;
(2) Ottoman laws (few, mainly regarding property)
(3) The French civil code, introduced during the 19th century
(4) British common law, introduced since 1917
A fifth basis, not active today, is the Tribal Law, which was active
until 1976 in matters of tribal disputes. Today, these disputes are
allocated to the relevant court. (Note: the Palestinians in Jordan do
not belong to these tribes, so if you are writing on Palestinians,
please bear in mind that tribal courts had probably no effect on their
lives).
The Islamic (Sharia) law, is active in Jordan mainly in the realms of
personal status and communal endowment among their respective
communities. It is not active in criminal affairs.
The penal system was originally based on the Sharia, the Islamic law,
as enforced by the Ottoman authorities. However, in the mid-19th
century, the Ottoman began to introduce a watered-down version of the
French criminal code, mixed with Islamic influences. This changed
after the transition of control to the British colonial forces in
1917. In Palestine and Transjordania, new penal code gradually
replaced the existing laws.
1Up Jordan Country guide adds, "In the early 1950s, a committee of
leading Muslim scholars and jurists of several Arab countries convened
with the purpose of drafting new codes of criminal law and procedure
to replace the 1858 Ottoman code, which had been almost entirely
amended during the century it had been in force. In 1956 the Jordanian
National Assembly adopted a new criminal code and code of criminal
procedure. Both were based on the Syrian and Lebanese codes, which in
turn were modelled on French counterparts. [...] Within the realm of
criminal jurisprudence, Jordan retained only nominal application of
sharia. Although the codified laws were based on Islamic principles
and customs, these were largely modified and extended along European
lines in an effort to adapt to the requirements of a changing economy
and culture." (http://www.1upinfo.com/country-guide-study/jordan/jordan145.html)
In other words, Jordanian law prohibits this kind of punishment.
"Palestinian refugees in Jordan have a unique legal position. Unlike
the other states hosting Palestinians within the UNRWA mandate area,
many Palestinians in Jordan have full citizenship rights, including
the right to vote. [..] In general, Palestinian refugees with
Jordanian citizenship have the same rights as other Jordanian
citizens. Nevertheless, Palestinians remain significantly
underrepresented in the Jordanian legislature, despite their forming
an outright majority of the total Jordanian population. They also
continue to suffer discrimination in appointments to government and
military positions, as well as in admission to universities and access
to university scholarships.
Jordan does not offer citizenship to Palestinians who originated in
the Gaza Strip (about 150,000 people), over which Jordan never claimed
sovereignty. Instead, Jordan issues them two-year passports carrying a
stamp indicating that the holder is originally from Gaza and entered
Jordan in 1967. Holders of two-year passports are not allowed to vote
or hold public-sector jobs. Jordan issues five-year passports to
Palestinians who reside in the West Bank, although Jordan maintains
that these passports are for travel purposes only and do not confer
nationality. " (Source: Refugee Report: Jordan,
<http://www.refugees.org/world/countryrpt/mideast/jordan.htm>)
However, in the period to which you refer, the relationships between
Palestinians and Jordanians were not peachy. In September 1970, King
Hussein led his army into the refugee camps. In retaliation, the
Jordanian Prime Minister was assassinated by Palestinian organisation
(see my answer: "Jordanian Politics"
<http://answers.google.com/answers/main?cmd=threadview&id=60494>).
This could affect the treatment at court of a Palestinian, even if
their crime is unrelated to these political events.
Sources:
=======
1Up Info, 1989, Jordan Country Guide
http://www.1upinfo.com/country-guide-study/jordan/jordan104.html and
http://www.1upinfo.com/country-guide-study/jordan/jordan145.html
Feras Milhem, "The Constitutional Institutions Involved in the
Legislative Process in Palestine: A Historical and Comparative
Approach". (thesis background) http://www.vub.ac.be/INTR/fmilh.html
U.S. Committee for Refugees, Refugee Report: Jordan,
<http://www.refugees.org/world/countryrpt/mideast/jordan.htm>
Islamic Family Law "Jordan, Hashemite Kingdom of"
http://www.law.emory.edu/IFL/legal/jordan.htm
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I hope that answered your question. I'd be pleased to clarify my
answer if you need a clarification, before you rate it. |
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