History of Judiciary in Jordan (from 1921 to 1989)

Abstract

   The study deals with the history and development of the judiciary in Jordan since the establishment of the Emirate of Transjordan in 1921 AD through the Kingdom’s independence in 1946 AD until 1989 AD. Jordan inherited an Ottoman judicial system and Sharia courts that have a long history that preceded the Ottoman era, Since the founding of the emirate, the Ottoman laws in force before 1914 AD have been applied, and most of the laws applied at the present time are of Ottoman law origin, some of which were amended not long ago. The Civil Code issued in 1976 AD derives most of its provisions from the Journal of Judicial Provisions, which included a text among its articles that includes the application of the provisions The Code of Judicial Rulings, in matters that do not contradict its provisions, as well as the Code of Criminal Procedure, the Law of Sharia Procedure, the Trade Law, the Law of Civil Procedure, and others, not to mention the continued validity of some Ottoman laws, such as the Ottoman Murabaha Law, noting that judicial development is considered clear evidence of the manifestations of development. The political, economic, and social situation that Jordan has witnessed since its founding, until the present time. The study concluded with a number of results and recommendations, namely that Jordan began with a dual judicial system subject to legal and statutory laws. The legislator did not seek to change this duality, but rather added a group of special courts to it, which, from the researcher’s point of view, calls for the unification of the judiciary in Jordan by becoming a legitimate judiciary that governs All disputes, or unifying the judicial authorities in Jordan into one judicial authority.​