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Constitutional Framework
The Constitution of The Hashemite Kingdom of Jordan
CHAPTER SIX 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.
(last updated: 03-March-2003)
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