A/HRC/25/58/Add.2
V. Issues of personal status
28.
Legal questions concerning marriage contracts and family matters such as divorce,
custody of children and inheritance, which are usually summarized under the heading of
“personal status”, are generally left to sharia courts and to the religious tribunals of
recognized communities. With regard to the broad majority of Muslims living in the
country, sharia courts take care of their personal status issues. As previously mentioned,
recognized Christian communities have their own independent ecclesiastical tribunals,
which operate on the basis of their version of canon law. Cases that involve both Muslims
and non-Muslims can go to sharia courts, provided that all parties involved agree.
Alternatively, such cases will be dealt with in civil courts.
29.
Within this pluralistic legal system, individuals who do not fit into the pattern of
recognized religious communities face a problem if they wish to regulate their personal
status affairs in a predictable, fair and non-discriminatory manner. With increasing degrees
of gravity, this affects members of non-recognized Christian denominations, the Baha’is
and converts from Islam to Christianity or another religion. Another set of problems
originates from the treatment of interreligious marriages in the system of personal status
laws. Where the husband is Muslim, sharia law applies. Marriages between a Muslim
woman and a non-Muslim man are not permitted, with the consequence that the man must
convert to Islam in order to contract a valid marriage under sharia law. The existing system
of personal status law, while accommodating legal pluralism, reflects a clear inequality
between men and women, as well as an inequality between members of different religions.
30.
As previously mentioned, members of non-recognized Christian denominations have
to manage their personal status issues by appealing to the “hospitality” of another Christian
denomination or by resorting to civil courts; for instance, members of the Baptist Church
would most likely bring their issues before an Anglican tribunal. In discussions with
members of non-recognized Christian denominations, the Special Rapporteur learned that,
although the situation leads to complications and extra burdens, their issues can usually be
resolved in practice. Nonetheless, the members of non-recognized Christian denominations
with whom he spoke complained of discriminatory treatment. They felt that they lived at
the mercy of other denomination or, alternatively, had to resort to civil courts that apply
laws inspired by Islamic norms.
31.
The situation for the Baha’is is much more complicated. Seeing themselves as a
post-Islamic religious community, the Baha’is are not recognized as a distinct religion. On
their identity cards or on other official documents, they are either identified as Muslims or
as not having any religion. Both options clearly go against their self-perception. Moreover,
non-recognition of Baha’is leads to a number of problems concerning the validity of
marriage contracts and the legal status of children born in such circumstances. In some
situations, this has led to treating such children as being born out of wedlock from the
perspective of Jordanian laws. When presenting these issues and cases, the Baha’is
expressed their appreciation for the spirit of cooperation that they had generally
encountered in the Civil Affairs Department of the Ministry of the Interior. In most cases,
pragmatic solutions could be found on the basis of goodwill. This does not, however, alter
the fact that the situation of their legal status remains precarious and clearly discriminatory.
Problems resulting from this state of affairs concern the right to freedom of religion or
belief in conjunction with equality of men and women, and possibly also children’s rights.
32.
Even more complicated is the legal situation of converts from Islam to Christianity.
This also includes re-converts who, after having converted from Christianity to Islam, later
wish to convert back to their original religion. Although the Special Rapporteur could not
find any precise data, it seems that the number of reconversions is higher than the number
of conversions from Islam. In general, conversions do not take place on a large scale.
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