Forced Marriage Overseas: Jordan
Overview
Individuals from the United State will likely face serious challenges if trying to avoid or escape forced marriages in Jordan. Women and girls face significant discrimination in the legal system,1 and are inadequately protected against gender-based violence, with with widespread honor killings, rapes, forced marriages, and domestic violence in country.2
For further information and guidance for individuals from the U.S. that are facing or fleeing a forced marriage in Jordan, please contact the Forced Marriage Initiative.
Marriage in Jordan
Women and girls in Jordan have limited rights when entering into or attempting to dissolve a marriage. The Law of Personal Status governs marriages and divorces in Jordan, and disputes are heard through Shari’ah (Islamic law) Courts for the majority Muslim population, and denomination-specific tribunals for recognized minority religious communities.3 The law in Jordan allows a female to marry with the consent of her guardian at 15 years old, and males at 16 years old.4
According to the United Nations Human Rights Report, 12% of marriages in Jordan involved at least one person between 15 and 18 years of age.5 Under the male guardianship system in Jordanian all single Muslim women under the age of 40 – whether divorced, widowed or never married – are considered a dependent of their guardian.6 Jordanian Muslim men may have as many as four wives, while Muslim women may only have one husband.7 Coercion can potentially be grounds for annulment in Jordan.8 Divorce is much for difficult for a woman to obtain than for men, and women must prove fault of the husband and go through a time-consuming, burdensome, and costly court process.9
Laws require a judge to verify the bride’s consent, choice and interest if she is less than 18 years old and her potential spouse is more than 20 years older.10 However, it appears there are no clear procedures for determining girs’ consent in such cases. Marriage often occur to cover up situations of rape, and charges of rape and sexual abuse may be dropped if the perpetrator marries the victim.11 Such marriages often occur to preempt potential honor-related violence.12
The recent influx of refugees from the conflict in Syria – many of whom reside in overcrowded camps in Jordan – has also lead to an increase in early and forced marriages.13 Families in these camps, concerned with economic insecurity and fearful of sexual violence against their daughters, are more frequently marrying them off at younger ages, often to older Jordanian men.14
Potential Risks and Protections in Country
There are few protections that women or girls can access if they are facing a forced marriage in Jordan. While guardians are not legally permitted to contract marriage without the consent of both parties, there is no law punishing forced marriages in Jordan,15 and men typically wield the economic and decision making power in Jordanian households.16 While family abuse is illegal, critics argue that the law does not go far enough to protect all victims from varied forms of domestic violence. It is difficult for women in Jordan to access the court system, and they may fear retribution if testifying against family members. Police and court officials lack training to deal effectively with situations of violence against women, and many laws are poorly implemented.17 According to local and international NGOs, the government rarely investigates allegations of abuse or corruption by authorities,18which may impact women and girls ability to access protection.
Fear of honor-related violence also deters women and girls from going to law enforcement or petitioning courts for protection.19 Jordanian laws allow for women and girls to be administratively detained, sometimes without limits, in protective custody if authorities believe they are at risk of becoming a victim of an honor crime.20 Often individuals are not allowed to leave until families sign statements guaranteeing their safety; however, in some cases women have been killed after being released from protective custody.21
Special Challenges in Returning to the United States
Individuals from the United States that are fleeing forced marriage situations in Jordan may face challenges in leaving the country with children. Adult males in Jordan may prevent a female or child relative from leaving Jordan by registering a hold on their travel with the Jordanian authorities. This is possible even if the woman or child holds only U.S. nationality.22 Please check the entry and exit requirements for Jordan for the most up to date information.
Assistance for Individuals from the United States
- The Tahirih Justice Center Forced Marriage Initiative
We are available to help individuals from the United States who are facing or fleeing forced marriage in Jordan, including providing phone, text, and email support, connecting with the U.S. government and local resources, and coordinating shelter and services back in the United States.
- The U.S. State Department
The State Department is available to assist U.S. citizens that are victims of forced marriage with replacement of travel documents and return travel to the U.S. For updated information and travel alerts, please visit the department’s webpage on international travel in Jordan. - U.S. Embassy Amman
Contact the embassy in the case of an emergency.
Tel: 962-6-590-6000
Email: Amman-ACS@state.gov
REFERENCES
1 Department of State, Jordan 2013 Human Rights Report, at 25, available at http://www.state.gov/documents/organization/220572.pdf.
2 Amnesty International, Annual Report: Jordan 2013, available at http://www.amnestyusa.org/research/reports/annual-report-jordan-2013?page=show.
3 Department of State, Jordan International Religious Freedom Report, at 2, http://www.state.gov/documents/organization/208608.pdf; U.S. Dep’t of State, Jordan’s Legal & Judicial System, available at http://photos.state.gov/libraries/jordan/231771/PDFs/912.pdf, (last visited March 25, 2014); Jordan, Constitution of the Hashemite Kingdom of Jordan (1952), at Arts. 105, 108, 109.
4 Jordan Personal Status Law, Ch. I Arts. 5 – 6.
5 Department of State: Bureau of Democracy, Human Rights and Labor, Country Reports on Human Rights Practices for 2012 – Jordan (2012), at 24.
6 Rana Husseini, Women’s Rights in the Middle East and North Africa: Progress Amid Resistance –Chapter 9 Jordan, (2010), at 8.target=”_blank”>http://unama.unmissions.org (last visited February 2014).
7 Jordan Personal Status Law, Ch. IV Art. 20; Ch. V Art. 28; Ch. VII Art. 40.
8 Jordan Personal Status Law, Ch. VI Art. 34.
9 Int’l Bank for Reconstruction and Dev’t/The World Bank, Hashemite Kingdom of Jordan Country Gender Assessment – Economic Participation, Agency and Access to Justice in Jordan (July 2013), at 5.
10 Jordan Personal Status Law, Ch. I Art. 7.
11 Jordan Penal Code, supra note 72, Art. 308; State Department: Bureau of Democracy, Human Rights, and Labor, Country Reports on Human Rights Practices for 2012 – Jordan (2012), at 21.
12 Int’l Bank for Reconstruction and Dev’t/The World Bank, Hashemite Kingdom of Jordan Country Gender Assessment – Economic Participation, Agency and Access to Justice in Jordan (July 2013), at 69.
13 U.N. Women, Inter-Agency Assessment Gender-Based Violence and Child Protection Among Syrian Refugees in Jordan With a Focus on Early Marriage (July 2013), at 2.
14 The trauma of Syria’s married children, Al Jazeera (July 23, 2014), available at http://www.aljazeera.com/humanrights/2014/07/trauma-syria-married-children-201472214545541515.html.
15 Jordan Personal Status Law, supra note 44, Ch. I Art. 4.
16 Int’l Bank for Reconstruction and Dev’t/The World Bank, Hashemite Kingdom of Jordan Country Gender Assessment – Economic Participation, Agency and Access to Justice in Jordan (July 2013), page 12-13; Husseini, supra note 85, at Rana Husseini, Women’s Rights in the Middle East and North Africa: Progress Amid Resistance –Chapter 9 Jordan, (2010), at 8.
17 Id., at 5, 12-13.
18 State Department: Bureau of Democracy, Human Rights, and Labor, Country Reports on Human Rights Practices for 2012 – Jordan (2012), at § 1(d).
19 Int’l Bank for Reconstruction and Dev’t/The World Bank, Hashemite Kingdom of Jordan Country Gender Assessment – Economic Participation, Agency and Access to Justice in Jordan (July 2013), at 12.
20 Jordan, The Crime Prevent Law (Law No. 7 of 1954); Int’l Bank for Reconstruction and Dev’t/The World Bank, Hashemite Kingdom of Jordan Country Gender Assessment – Economic Participation, Agency and Access to Justice in Jordan (July 2013), at 72.
21 State Department: Bureau of Democracy, Human Rights, and Labor, Country Reports on Human Rights Practices for 2012 – Jordan (2012), at 21.
22 State Department, U.S. Passports and Country Information: Jordan, available at http://travel.state.gov/content/passports/english/country/jordan.html.
