Jordan Times
Monday, June 27, 2005
Draft law proposes
setting up family reconciliation units at Sharia courts
By Mohammad Ghazal
AMMAN — In a move designed to reduce the number of divorce cases and the
subsequent negative impacts on family members, legislators, parliamentarians and
family welfare representatives convened on Sunday to discuss a draft law that
could lead to the creation of family guidance and reconciliation units at Sharia
courts.
If approved by Cabinet, a specialised unit would be established in every Sharia
court throughout the country to provide a social support system for families to
resolve their differences amicably with the aim of preserving the family unit
through counselling and mediation.
The draft also calls for Sharia courts not to accept a case unless it has first
passed through these family-counselling offices.
“These units will settle family problems in coordination with the chief of the
Islamic Justice Department, the Ministry of Justice and the Judicial Council,”
National Council for Family Affairs (NCFA) Secretary General Rowaida Maaytah
said yesterday.
Expressing support for the draft, Ahmad Obeidat, president of the board of
trustees of the National Centre for Human Rights (NCHR) said there are “huge
numbers of family-related cases at Sharia courts, a matter which necessitates
the creation of these units.”
The draft of the proposed law is at the Legislative Bureau for discussion
pending approval and will then be referred to the Cabinet, according to Obeidat.
The Kingdom became interested in the concept of family reconciliation programmes
following the successful experience of such initiatives in the United Arab
Emirates.
Experts from such court units in the UAE visited Jordan last year to review
various facets of the family reconciliation unit in their country's courts.
Abdul Salam Darwesh, head of Family Guidance and Reformation at the Courts
Department in Dubai, told UNICEF officials and other concerned authorities in
the field that such programmes in the UAE helped reduce divorce rates from 36 to
21 per cent in less than three years.
The Kingdom had recently witnessed an upsurge in the rates of divorce, according
to Maaytah.
So far this year, there have been a total of 1,286 divorce cases, 211 of which
involved women under the age of 18, said Maaytah.
This shows the importance of establishing these units which would play a great
role in resolving familial conflicts and lead to reconciliation, she added.
Maaytah explained that these units would also reduce the financial burden on
women due to the cost of filing for divorce.
Observers believe that such steps could also relieve Sharia court caseloads by
at least 40 per cent.
Last year, Sharia courts handled 11,00 cases related to family issues, placing
enormous pressure not only on courts but also on families and most importantly
their children.
As a signatory to the Convention of the Rights of the Child, the Kingdom is
obliged to ensure that families have access to proper support mechanisms to
enhance social stability as well as that of their children's upbringing and
development. Article 3 of the convention calls for state parties to protect the
child by taking all appropriate legislative and administrative measures.
“Mediation efforts would play an important role in decreasing the psychological
trauma of the child, UNICEF Representative in Jordan Anne Skatvedt said.
In a working paper on the importance of these units, Sharia Courts Director
Issam Arabiyat said they would complement the role of the courts and lead to the
Islamic principle of reconciliation.
Yesterday's session will be followed by other discussions designed to modify
current legislation relevant to children such as the penal, juvenile, narcotics
and personal status laws.