The constitution of the Hashemite Kingdom of Jordan clearly states that the judicial branch of the country is independent while judges only recognize the power and authority of the law. Even though the king approves and dismisses judges, in fact he may take into account recommendations from the Ministry of Justice and the Higher Judicial Council. According to the Article 99 of the Jordan’s Constitution the counts are divided into three branches: the civil, the religious and the special courts.
Jordan’s civil legislation has its roots going back to the French legal code that was implemented in Egypt at the beginning of the 19th century (the Code Napoléon). The civil courts are hearing cases of civil and criminal natures and their jurisdiction covers all the citizens and people staying or related to Jordan in all matters, including cases against the government. The civil courts are:
- Magistrate Courts,
- Courts of First Instance,
- Courts of Appeal,
- High Administrative Courts
- the Supreme Court
Religious courts held trial hearings regarding marriages and divorces, child custody and inheritances. Islamic Law courts also deal with cases related to Islamic waqfs.
Special courts in Jordan are represented by:
- State Security Court (Military Court)
- Criminal Court
- Municipal courts
- Court of Customs
- Court of Tax Appeal
- Settlement of land and water Court
- Court of maintenance of state property
Constitution’s Article 102 as well as the Code of Criminal Procedure grant an accused person the right to hire a lawyer during the deterioration / investigation / trial period. According to the Article 28 of the Code of Criminal Procedure an accused and detained person should be brought before the court max within 48 hours after having been arrested.