Embassy of the United States

For updated travel information and country specific information on all countries in the world, including Jordan, please visit the State Department's travel website at http://travel.state.gov/. We encourage all American citizens living or traveling abroad to check this website regularly.

Adoption in Jordan

Please refer to the following link for information and guidance on adoption procedures in Jordan

Dual Nationality in Jordan: What It Is

A person is considered a dual national when he owes allegiance to more than one country at the same time.

How Acquired

Dual nationality results from the fact that there is no uniform rule of international law relating to the acquisition of nationality. Each country has its own laws on the subject. Individuals may have dual nationality by automatic operation of different and sometimes conflicting laws.

The laws of the United States provide for acquisition of U.S. citizenship by birth in the United States and also by birth abroad to an American. For example, a child born abroad to U.S. citizens may acquire at birth not only American citizenship but also the nationality of the country in which it was born. Similarly, a child born in the United States to foreigners may acquire at birth both U.S. citizenship and a foreign nationality.

The laws of Jordan provide for the acquisition of Jordanian citizenship at birth to any child whose father is a Jordanian citizen. This is true regardless of the place of birth, and of other nationalities the child may have acquired.

The laws of some countries provide for automatic acquisition of citizenship after birth. For example, a U.S. citizen may acquire another nationality merely by marrying a citizen of certain foreign countries. In addition, some countries do not recognize naturalization in a foreign state as grounds for loss of citizenship despite the fact that one of the requirements for naturalization in the United States is a renunciation of other nationalities.

The automatic acquisition or retention of a foreign nationality does not affect U.S. citizenship; however, the acquisition of a foreign nationality upon one's own application may cause loss of U.S. citizenship under Section 249(a)(1) of the Immigration and Nationality Act (8U.S.C. 1481). In order for loss of nationality to occur under Section 349(a)(1), it must be established that the naturalization was obtained with the intention of relinquishing U.S. citizenship. Such an intention may be shown by a person's statements or conduct. If the U.S. Government is unable to prove that the person had such an intention when applying for and obtaining the foreign citizenship, the person will have both nationalities.

Current Law and Policy

United States law does not contain any provisions requiring U.S. citizens who are born with dual nationality or who acquire a second nationality at an early age to choose one nationality or the other when they become adult.

While recognizing the existence of dual nationality and permitting Americans to have other nationalities, the U.S. Government does not endorse dual nationality as a matter of policy because of the problems which it may cause. Claims of other countries upon dual national U.S. citizens often place them in situations where their obligations to one country are in conflict with the laws of the other. In addition, their dual nationality may hamper efforts to provide diplomatic and consular protection to them when they are abroad. It generally is considered that while a dual national is in the other country of which the person is a citizen, that country has a predominant claim on the person. This is especially pertinent for persons who have military obligations. Your passport states that "a dual national, while in the jurisdiction of the other country which considers that person its national, be subject to all its laws, including being conscripted for military service." Jordan does have compulsory military service and does require non-resident Jordanians with dual nationality to register for the draft.

Allegiance to Which Country

Like Americans who possess only U.S. citizenship, dual national U.S. citizens owe allegiance to the United States of America and are obliged to obey its laws and regulations. Dual nationals usually have obligations to the foreign country as well.

Although failure to fulfill such obligations may have no adverse effect on the person while in the United States because the foreign country would have few means to force compliance under those circumstances, the dual national might be forced to comply with those obligations or pay a penalty if he/she go to the country of their other nationality. In cases where a dual national encounters difficulty in a foreign country of which the person is a citizen, the ability of the U.S. Government to provide assistance is quite limited since many foreign countries do not recognize the dual national's claim to U.S. citizenship.

Which passport To Use

Section 215 of the Immigration and Nationality Act (8 U.S.C. 1185) requires U.S. citizens to use U.S. passports when entering or leaving the United States unless one of the exceptions listed in Section 53.2 of Title 22 of the code of Federal Regulations applies.

Dual nationals may be required by the other country of which they are citizens to enter and leave that country using its passport, but do not endanger their U.S. citizenship by complying with such a requirement. The laws of Jordan do not require that a Jordanian citizen enter and leave Jordan on a Jordanian passport.

In fact, it is rare that the Jordanian authorities do require a dual national to obtain a Jordanian passport prior to departure. However, they have done so in special cases. If such a decision is made, the dual national has no choice but to comply.

Jordanian Legal System

The following is a basic outline of Jordan's legal and judiciary system but should not, by any means, be regarded as a complete or authoritative explanation.  The Embassy strongly recommends that persons with legal questions or difficulties consult a Jordanian attorney.  (The Embassy has compiled a list of some attorneys in Jordan whom you may wish to contact).

Introduction

The Jordanian constitution establishes the judiciary as one of three separate and independent branches of government.  Jordan's present legal system is based on the Constitution, the Court Establishment Law of 1951, a civil and criminal code plus Islamic and ecclesiastical laws in certain cases.  Its legal system has been influenced by many sources.  The system developed from codes of law instituted by the Ottoman Empire (based on French law).  These were supplemented by British laws during the mandate period.  Islamic law has also been influential, modifying in many ways the European models.

Two points need to be kept in mind by American citizens.  First, the American and Jordanian legal systems, while similar in some respects, are not identical.  This is not to suggest the system here is unjust, but rather that the two systems are based on differing societies and traditions.  Second, American laws and judicial orders have no legal basis in Jordan (though a Jordanian court might decide to consider them).  The same holds true with regard to the effect of Jordanian laws and decisions in the United States.

The Court System

Jordan has three main types of courts:  Civil courts, military courts and religious courts.

Civil Court System

Civil courts adjudicate all civil and criminal cases which are not specifically reserved for other courts.  Four levels of courts make up the civil court system:

1. Magistrate's Courts have jurisdiction in criminal matters for misdemeanors and minor crimes where the sentence is two years or less.  They also hear civil actions where the amount involved does not exceed JD 750.  Finally, they hear all eviction cases and lawsuits charging trespass on land.  There are 14 magistrates in Amman.  Most Jordanian cites have two or three magistrates.  Both civil and criminal cases before the Magistrate's Court are heard by a single judge.
2. Courts of First Instance have jurisdiction in criminal matters which fall outside the jurisdiction of the Magistrate's Court, and which are not specifically covered by other special courts.  They also hear all civil cases not heard in the magistrate's courts, including all matters where alleged damages exceed JD 750.  The Courts of First Instance also hear appeals for all criminal cases where a sentence of one week or less (or a fine not exceeding JD 10) is assessed.  Two judges hear criminal matters, one judge adjudicates civil matters.  Branches are located in Amman and several other major cities.
3. Major Felonies Court has first instance jurisdiction over a specific set of serious criminal offenses (defined as crimes with a possible sentence greater than three years) which are not heard in the military court/state security court (see below).  Crimes tried in the this court include manslaughter/murder cases and rape and other sexual offenses.  There is only one major felonies court in Jordan, located in Amman  Three judges hear each case.  Appeals from a major felonies court judgment are made directly to the Court of Cassation.
4. Courts of Appeal hear all cases of appeal from judgments of the Courts of First Instance and all cases of appeal from the magistrate's court, which are not heard by courts of First Instance.  The court of appeals may reconsider determinations of facts as well as law; they may therefore decide to rehear a case decided below.  A three judge panel considers all matters raised in the Courts of Appeal. 
5. Courts of Cassation (or Supreme Court) considers appeals of felonies in criminal cases and all judgments exceeding JD 500 in civil cases.  Other cases may be accepted for appeal by a special leave granted by the President of the Court.  The Court also considers habeas corpus petitions (seeking the release of a detainee based on unlawful imprisonment) in its role as a "High Court of Justice".  Furthermore, in another role as a "Private Tribunal", it determines which court has jurisdiction over a case where there is a jurisdictional dispute.  The Court of Cassation is made up of a maximum of 15 judges.  Five judges generally hear each case.
6. Although martial law was lifted in 1991, certain crimes considered to touch on national security are still tried in State Security courts administered by the Jordanian military.  These crimes include espionage, bribery of public officials, trafficking in narcotics or weapons, black marketing, and "security offenses".  Military judges generally adjudicate cases.  Defendants may be represented by a lawyer and are accorded other protections such as the right to cross-examine witnesses.  The decision of a military court cannot be appealed but must be ratified by the Prime Minister in his capacity as martial law governor.  He may increase, reduce, or annul the sentence.

The military court also prosecutes military personnel for all categories of offenses.  In these cases, the Commander-in-Chief of the armed forces must approve the sentence.

Religious Court System

Religious courts have jurisdiction over all matters of "personal status".  This includes most family law matters such as marriage, divorce, child custody, and adoption or guardianship.  Consequently, there is no civil marriage or divorce in Jordan.

Shari'a (Muslim religious law) applies to Muslims in these areas and a Shari'a court system exists to adjudicate disputes.  Various Christian religious "Councils" within the main Christian Sects (including Greek Orthodox, Roman Catholic, and Armenian Catholic) handle similar cases involving members of their church communities.  The civil courts administer cases of other religious groups, including Protestants, usually applying the religious law of the closest religious community.

Religious courts also handle all inheritance matters.  Under Jordanian law, however, Shari'a law must be applied by all the courts with regard to inheritance.  Thus, if the deceased is Greek Orthodox, the Greek Orthodox court will administer the inheritance but will apply Shari'a law which requires, among other things, the distribution of twice as many shares of property to each son as compared to each daughter.

Other Courts

Magistrates also operate juvenile courts which hear offenses by persons under 18.  The child's parent must also be present.  A child may be sent to reform school if found responsible for wrongdoing.  Frequently, however, a child is released to the custody of his parent on a bond of good behavior.  If the child commits another offense, the parent is fined.

The Police court handles crimes committed by police officers.  Land Settlement Courts handle disputes over ownership of unregistered land.  An Income Tax Court hears disputes by persons questioning the determination of an assessor who values their property for tax purposes.  A Customs Court (comprising two customs officers and one civil court judge) considers disputes involving customs assessments.  A court of appeals for customs has also been established.  (Appeals from this court of appeals go to the Court of Cassation).  Tribal Courts were abolished in 1976 but still operate unofficially in some cases involving members of a tribe or tribal disputes.

Criminal Law Procedure

Generally, persons arrested by the police are brought before a magistrate and charged with a crime within 48 hours after the arrest.  However, public prosecutors may order suspects kept in custody indefinitely in connection with a pending investigation.  Such detentions may be challenged by the defense, in which case some showing of cause for continuing confinement must be shown by the prosecutor.

Persons charged with a crime are not compelled to say anything to the authorities.  They are usually warned before testimony is taken that what they say may be used against them and that they have the right to see a lawyer. Defendants may have a lawyer represent them (although this is rare in the Magistrate's court).  The court will appoint a lawyer for defendants charged with a potential sentence of death or life imprisonment if they cannot afford one.

Defendants have the right to cross-examine witnesses and to present their own witnesses.  All cases are heard by judges as there is no jury trial in Jordan.  Cases may be appealed by either the defendant or the prosecution.

A defendant's charges of mistreatment are considered by the court in adjudicating a case or determining a sentence.  Confessions have at times been disregarded when a court determined it may have been given under duress.  When mistreatment is alleged, a prisoner is examined by a doctor and his report is considered by the court.

The case against a person is always presented by one of the public prosecutors, except at the magistrate's court where a police officer generally presents the evidence against the accused.  The Attorney General, who supervises all public prosecutors, handles the government's case at the Court of Appeals.  The Chief Attorney General who is the government's top legal advocate, represents the government in the Court of Cassation.

Civil Law Procedure

A person who wishes to file a lawsuit against someone must go to the appropriate court registry and submit a writ of summons together with a fee of 3% of the sued amount.  (If the plaintiff wins his case, the defendant must pay this fee.  The Court may also charge attorneys fees to the loser).

The Court will send the summons to the defendant by means of process servers employed by the Court.  If the defendant is not found, the summons may at times be left with relatives or at the defendant's usual place of abode.

Embassy Involvement

While we at the Consulate are always happy to discuss your problems with you, we are often severely limited in what we can do for you.  We cannot interfere in the judicial process of Jordan and are unable to get involved at all in most civil disputes.  We also cannot give legal advice or provide you with either funds or a lawyer.  We do have a list of attorneys which we can give you.  We can also help you contact friends or family if you are unable to do so.

In criminal cases, Consular officers have the right to visit you in jail and will do our best to carry out your requests.  We cannot however get you out of jail, get your charges dropped, get your sentence reduced, or serve as a guarantor for you.  Although we are not permitted to give legal advice, we can pass inquiries to government officials regarding questions or problems you may have.  We will also try to attend court hearings if you would like us to do so.   Our major concern is that you are not mistreated or that you are not treated differently from other persons here because you are an American.  Persons who are dual nationals (i.e., who have Jordanian and American nationality at the same time) should expect to be treated as a Jordanian and not as a foreigner.

Within the limitations of the law we will do our best to assist you.  Please do not hesitate to contact us if you have any questions.  Our telephone number is 590-6950.  Our office hours are 12:30-3:30, Sunday through Thursday, except holidays.

International Parental Child Abduction in Jordan

Disclaimer: The information in this circular information in the circular relating to the legal requirements of specific foreign countries is provided for general information only.  Questions involving interpretation of specific foreign laws should be addressed to foreign council.

Jordanian laws regarding divorce and custody of minor children are adjudicated in religious courts. If the marriage partners are Muslim, disputes will be resolved before a Sharia court judge who will apply principles of Islamic law. In the case of Christians, the court will be an Ecclesiastical Court composed of clergymen from the appropriate religious community. For Christians, the law will be derived from principles governing family status in the Greek Orthodox Church, Roman Catholic Church or other Christian denominations.

In both theory and practice, Muslim and Christian courts in Jordan differ very little in how they resolve disputes over the custody of children of divorced or separted parents. The relevant laws all give priority for custodianship to the mother as long as certain restrictive conditions are met. In Muslim courts, this right of custody extends to the natural mother until the children reach age eighteen. In cases where custody of small children is granted to a woman other than the mother, custody reverts to the father when a boy reaches age nine and a girl reaches age eleven. Christian courts will generally award custody to the mother until the children come of age.

In actual practice, the conditions placed on the mother's primary right to custody often enable the father to maintain a great deal of influence on the rearing of the children even though he may not have legal custody. For example, the mother must seek his approval to travel with the children. Frequently, the father is actually able to assume legal custody against the wishes of the mother, when she is unable or unwilling to meet the conditions set by law for her to maintain her right to custody of the children.

A mother can lose her primary right to custody of a child in a number of ways. The court can determine that she is incapable of safeguarding the child or of bringing the child up in accordance with the appropriate religious standards. The mother can void her right to custody by re-marrying or by residing in a home with people that might be "strangers" to the child. The mother may not deny visitation rights to the father or the paternal grandfather and may not travel outside Jordan with the child without their approval and the approval of the court. In general, a Jordanian man divorcing his non-Jordanian wife will be awarded legal custody of their children by showing that any of the above conditions may not be met to the satisfaction of the court.

In cases where the father has custody of a child, the mother is guaranteed visitation rights. It has been the experience of the Embassy in Amman that the father and the paternal grandparents of the child are generally very open and accommodating in facilitating the right of the mother to visit and maintain contact with the child.

Custody orders and judgements of foreign courts are not enforceable in Jordan if they potentially contradict or violate local laws and practices. For example, an order from a U.S. court granting custody to an American mother will not be honored in Jordan if the mother intends to take the child to the United States and live outside of Jordan. Nor will Jordanian courts enforce a U.S. court decree ordering a parent in Jordan to pay for child support since Jordanian law states that the parent with custody is responsible for providing financial support for the child.

Child abduction is a serious offense in Jordan. Any person who abducts a child in order to deprive the legal guardian of custody faces a prison sentence of three months to three years and a fine. This applies equally to a parent committing such an offense in order to unlawfully obtain custody of a child. A mother may also face serious legal difficulties if she attempts to take her children out of Jordan without the permission of the father. Border officials may ask to see such permission in writing before allowing children to exit.

Jordan has not acceded to the Hague Convention on the Civil Aspects of International Child Abduction and Jordanian lawyers familiar with the country's child custody laws do not believe Jordan is likely to do so. They point out that the convention could require Jordanian courts to honor custody decrees that violate Jordanian laws

Marriage in Jordan

Marriage in Jordan is administered by religious authorities of the different religious communities. There is no civil marriage. Practices governing marriage contracts vary from community to community and you should consult an official of the Islamic Shari'a court or of the appropriate Christian church if you have specific problems or questions.

If you plan to marry in Jordan you should be prepared to prove that you are not currently married. If you have been married previously, you must have a divorce certificate. If you have never been married, you may be required to provide a document from a civil or religious official of your normal place of residence stating that you are not married. The Embassy cannot provide you with such a document. However, if you make out an affidavit affirming your single status, the Embassy can notarize your statement. This is often acceptable in local marriage courts.