The Judiciary

Article 97 Judges are independent, and in the exercise of their judicial functions they are subject to no authority other than that of the law.
Article 98 Judges of the Civil and Sharia Courts shall be appointed and dismissed by a Royal Decree in accordance with the provisions of the law.
Article 99

The courts shall be divided into three categories:

(i) Civil Courts

(ii) Religious Courts

(iii) Special Courts

Article 100 The establishment of the various courts, their categories, their divisions, their jurisdiction and their administration shall be by virtue of a special law, provided that such law provides for the establishment of a High Court of Justice.
Article 101

(i) The courts shall be open to all and shall be free from any interference in their affairs.

(ii) The sittings of the courts shall be public unless the court considers that it should sit in camera in the interest of public order or morals.

Article 102

* The Civil Courts in the Hashemite Kingdom of Jordan shall have jurisdiction over all persons in all matters, civil and criminal, including cases brought by or against the Government, except those matters in respect of which jurisdiction is vested in Religious or Special Courts in accordance with the provisions of the present Constitution ** or any other legislation in force.

* As amended in the Official Gazette No. 1380 of 4/5/1958.

** As Amended in the Official Gazette No. 1396 1/9/1958.

Article 103

(i) The Civil Courts shall exercise their jurisdiction in respect of civil and criminal matters in accordance with the law for the time being in force in the Kingdom, provided that in matters affecting the personal status of foreigners or in matters of a civil or commercial nature which in accordance with international usage are governed by the law of another country, such law shall be applied in the manner designated by the law.

(ii) Matters of personal status are those which are defined by law and in accordance therewith fall within the exclusive jurisdiction of the Sharia Courts where the parties are Moslems.

* As amended in the Official Gazette No. 1380 of 4/5/1958.

** As Amended in the Official Gazette No. 1396 1/9/1958.

Article 104

The Religious Courts shall be divided into:

(i) The Sharia Courts

(ii) The Tribunals of other Religious Communities

Article 105

The Sharia Courts shall in accordance with their own laws have exclusive jurisdiction in respect of the following matters:

(i) Matters of personal status of Moslems.

(ii) Cases concerning blood money (Diya) where the two parties are Moslems or where one of the parties is not a Moslem and the two parties consent to the jurisdiction of the Sharia Courts.

(iii) Matters pertaining to Islamic Waqfs.

Article 106 The Sharia Courts shall in the exercise of their jurisdiction apply the provisions of the Sharia law.
Article 107 The organisation of the affairs of Moslem Waqfs and the administration of their financial matters, among other matters, shall be regulated by a special law.
Article 108 The Tribunals of Religious Communities are those for the non-Moslem religious communities which have been or will be recognised by the Government as established in the Hashemite Kingdom of Jordan.
Article 110 Special Courts shall exercise their jurisdiction in accordance with the provisions of the laws constituting them.
Article 109

(i) Tribunals of Religious Communities shall be established in conformity with the provisions of laws pertaining thereto. Such laws shall define the jurisdiction of such Tribunals in matters of personal status and Waqfs constituted for the benefit of the community concerned. Matters of personal status of any such community shall be the same matters as are, in the case of Moslems, within the jurisdiction of the Sharia Courts.

(ii) Such laws shall determine the procedure to be followed by the Tribunals of the Religious Communities.



Financial Matters

Article 111 No tax or duty may be imposed except by law. Taxes and duties shall not include the various kinds of fees which the Treasury charges in respect of services rendered to members of the public by Government Departments or in consideration of benefits accruing to them from the State Domain. In imposing taxes, the Government shall be guided by the principles of progressive taxation, coupled with the attainment of equality and social justice, provided that taxation shall not exceed the capacity of tax-payers or the State’s requirements for funds.
Article 112

(i) The draft law covering the General Budget shall be submitted to the National Assembly for consideration in accordance with the provisions of the Constitution at least one month before the beginning of the financial year.

(ii) Voting in respect of the budget shall take place on each chapter separately.

(iii) No sum falling within the expenditure section of the General Budget may be transferred from one chapter to another except by law.

(iv) The National Assembly, when debating the General Budget draft law or the provisional laws relating thereto, may reduce the expenditures under the various chapters in accordance with what it considers to be in the public interest, but it shall not increase such expenditures either by amendment or by the submission of a separate proposal. However, the Assembly may after the close of the debate propose laws for the creation of new expenditures.

(v) During the debate of the General Budget, no proposal shall be accepted for the abrogation of an existing tax or the creation of a new one or the amendment, whether by increase or reduction, of existing taxes which are prescribed by financial laws in force, and no proposal shall be accepted for amending expenditures or revenues fixed by contract.

(vi) The national revenues and expenditures estimated for each financial year shall be approved by the General Budget Law, provided that said Law may provide for the allocation of any special sums for a period exceeding one year.

Article 113 If it is not possible to enact the General Budget Law prior to the beginning of the new financial year, expenditures shall continue by monthly appropriations at the rate of 1/12th of each month of the previous year’s budget.
Article 114 The Council of Ministers may, with the approval of the King, issue regulations for the control of appropriations and expenditures of the public funds and the organisation of Government stores.
Article 115 All receipts from taxes and other sources of Government revenue shall be paid into the Treasury and shall be included in the Government budget save where otherwise provided by law. No part of the funds of the Treasury may be appropriated or expended for any purpose whatever except under the law.
Article 116 The Civil List of the King shall be paid from the General Revenue and shall be fixed in the General Budget Law.
Article 117 Any concession granting a right for the exploitation of mines, minerals or public utilities shall be sanctioned by law.
Article 118 No person shall be exempt from the payment of taxes or duties in circumstances other than those prescribed by law.
Article 119

An Audit Office shall be set up by law for controlling the State’s revenues, its expenses and the manner of expenditure:

(i) The Audit Office shall submit to the Chamber of Deputies at the beginning of each ordinary session, or whenever the Chamber demands, a general report embodying its views and comments and indicating any irregularities committed and the responsibility arising therefrom.

(ii) The law shall provide for the immunity of the Head of the Audit Office.