Jordanian women see slow gains on rights (Feature)

By Abdul Jalil Mustafa Oct 7, 2010, 3:06 GMT

Amman - Feminist organisations in Jordan expressed a mix of relief tinged with consternation after the government recently adopted new equality legislation.

Although the law is still pending approval from parliament, it is seen as updating an older code from 1976 - but still has too many loopholes to satisfy rights groups.

'We think the philosophy of bringing about radical changes in the personal status law - mainly providing for absolute equality between men and women - has not been fulfilled,' Nadia Shamroukh, the deputy chair of the Jordan Women Union (JWU), told German Press Agency dpa.

She said men would retain their near-exclusive prerogative to divorce their wives, and the law would still permit the marriage of girls at the age of 15.

The law was drafted after three years of consultations with religious leaders, political parties, civil society organisations and academics.

But, even after the years of talks, the issue of getting married and divorced remains contentious, with the divide between the sides unbridged.

Chief Islamic Justice Ahmad Hilayel said that the legislation had an eye towards the stability of the family unit.

'This law is aimed at ensuring a strong bond within Jordanian families and protecting the rights of women and children as provided for in Sharia,' said Hilayel, who heads the judges responsible for implementing Islamic law in the country.

Technological advancements over the last three decades, including using DNA for paternity testing, were added into the framework of the new law, the Islamic judge noted.

'We believe that divorce should be conducted inside a council to be attended by judges and witnesses rather than through a unilateral action by the husband which he carries out in the absence of the wife,' the JWU's Shamroukh said.

Most controversial is the 'khuloe' clause. The clause gave women the right to divorce their husbands, under certain circumstances, in return for financial compensation.

However, it was deleted from the new law, drawing objections from the feminist movement.

Helayel said the new law keeps the essence of khuloe, but the drafters simply removed the word itself, in order to protect the children of the women who invoke the law from social stigma, as it has negative connotations in Arabic.

For the womens' rights groups, however, husbands still retain too much power in divorce proceedings.

'The law does not guarantee any financial or property rights or compensation for women when they are divorced, although many married couples have shared rents, loans and other expenses,' said Reem Abu Hassan, president of the Society for Protecting Family Violence Victims.

Shamroukh, however, noted one major positive change - allowing the divorced couple to see their children at home instead of at a police station, as was the case under the previous law.

But for Jordan's young women engering into wedlock, the new rules change little.

The language of the legislation first says men and women cannot marry until they are at least 18 years old, but then adds that girls can marry at the age of 15 under certain circumstances.

'We have placed many restrictions and the new law will only be applied in this respect in limited cases and once a panel of Sharia judges decides that such marriage is necessary,' Helayel said.

According to official data, however, many young girls are permitted by religious officials to marry before 18. Of the 67,455 marriages registered in Jordan in 2008, around 9,000 involved girls aged between 15 and 18.

Some 907 of those ended with divorce.

'The girl at 15 is still a child and cannot shoulder the responsibilities of bringing up a family,' said Lobna Dowani, with the Sisterhood Is Global Institute group.

While praising the positive aspects of the law, Dowani urged for greater protection of women and girls.

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