Towards raising the age of marriage to 18 years

The Amman Center for Human Rights Studies (ACHRS) has continued protests

in the short period since the decision of the Chamber of Deputies, which saw the approval of an amendment to the Jordanian Personal Status Law No. (36) of 2010. This law granted by a judge deemed the age of 16 to be given permission to marry, with the consent of a judge. There were also several other additional items that were amended by the House of Representatives in the same law during the past year. Amendment approvals made in 2018 have seen protests from many women’s rights group, as the content directly relates to the rights of women and children.

The recent protests were statements and exchanges of accusations between women’s NGOs (human rights organizations), the Muslim Brotherhood (the Islamic Movement) and members of the House of Representatives, who are affiliated with the Islamic reform movement.

As a human rights center working on human rights education in Jordanian society, we would like to clarify the following:

1. The Jordanian Personal Status Law is of high importance, since it affects the social and economic life of every Jordanian. The law is also the focus of the international community, in which it measures the standard of living of a Jordanian individual whether it is dignified or contains violations of his or her personal rights.
2. The decision of the House of Representatives to approve the amendments sent to it by the conservative Jordanian government has brought several irregularities and inconsistencies in the content of justice in the Jordanian laws, in particular the decision to grant freedom to the Shari’a court to allow marriages for those 16-years old, or the marriage of female minors. This is a clear violation, first: as stipulated by all the laws of heaven and especially Islamic law. The Prophet (peace and blessings of Allah be upon him) and all the prophets and messengers and peace be upon him have recommended the recommendation of women and children, and we note that the subject of the marriage of our master Muhammad is of several women and of different ages, Mohammed (r). There is also no prophetic talk about the age of marriage or marriage of minors, and we are fully convinced that the Islamic religion is a religion of tolerance, love and peace, and the essence of its commitment is supposed to preserve the dignity of human beings, especially women and children.
3. Regarding the special cases mentioned in the Council’s decision, which were caused by the preservation of the Jordanian social fabric, the Council of Representatives and the Government have already resolved these exceptional social problems by finding special centers for this subject, which are affiliated to the Directorate of Public Security, the Ministry of Social Development and Law Crime Prevention (Ministry of the Interior).

1. The above amendments contradict with the international conventions ratified by both the Jordanian government and the Chamber of Deputies, especially with regard to article 24 of the International Convention on Civil and Political Rights, which deals with the protection of the child as a member of the family. In addition to that, many international treaties contain a number of articles relating to the protection of the rights, moreover the States parties to these treaties, with Jordan being one, commit themselves to the implementation to the Convention on the Rights of the Child (CRC), and the CEDAW.
2. We stand in line with the many Royal directors that have directed all officials to take all measures that safeguard rights and rights of women and children enshrined in all divine and international laws.

Based on the above, we demand the following:

1. The need to re-amend the recent decisions of the House of Representatives relating to a number of articles in the Personal Status Law, in particular to raise the age of marriage for boys and girls to eighteen years, to conform with the age ratified by the International Convention on the Rights of the Child and by the Government of the Hashemite Kingdom of Jordan.
2. Re-examine all the provisions of this law as it impedes domestically and internationally, as well as impeding the development of civil life in Jordanian society, which through the youth has become an informed and educated society.

The conservative Jordanian government believes that Jordanian society, since its establishment, thinks of the Jordanian state and condemns wrongdoing against society,  

3. Make substantial adjustments that take account of the economic conditions that affect mainly the nature of social life either negatively or positively.
4. The enactment of laws to unite the members of the House of Representatives before holding legislative sessions in consultation with community organizations, in order to come up with legislation and laws agreed upon to satisfy all parties, similar to meetings held by the House of Representatives with members of the boards of decentralization.

                                                                   Amman, 18/4/2019