Jordan’s 2025 Sharia Execution Law Amendment: Electronic Monitoring as an Alternative to Imprisonment in Personal Status Cases
Introduction:
The Hashemite Kingdom of Jordan has introduced a significant amendment to the Sharia Execution Law 2025, aligning the judicial system with modern mechanisms for enforcing Sharia court rulings. This amendment allows the use of electronic monitoring as an alternative to imprisonment in personal status cases, including child maintenance, custody, and visitation rights, enhancing restorative justice while maintaining social and economic stability for families.
Historical Development of the Sharia Execution Law:
The original Sharia Execution Law, enacted in 2013 (Law No. 10), provides a legal framework for implementing decisions of Jordanian Sharia courts. These courts have jurisdiction over:
- Marriage and divorce
- Maintenance and custody
- Guardianship and inheritance
Since its enactment, the law has been a cornerstone in regulating family rights according to Islamic law, while ensuring application within the modern judicial system.
Core of the Amendment: Electronic Monitoring
The amendment adds a new paragraph to Article 13 of the law, stating: "The convicted person may be subjected to electronic monitoring before or after a decision of imprisonment, while preserving the original duration of the sentence, under conditions and regulations to be specified in a dedicated system."
This provision empowers the Head of Execution to use electronic monitoring as either an alternative or a complement to imprisonment, reflecting a modern approach to judicial enforcement in Jordan.
How Electronic Monitoring Works:
- An electronic bracelet is worn on the wrist or ankle of the convicted person.
- The bracelet is connected to a specialized monitoring center under the Public Security Directorate.
- Precise tracking ensures compliance with the time and geographic restrictions set by the court.
Strategic Objectives of the Amendment:
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Mitigating the Effects of Imprisonment:
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Preserving family cohesion and psychological and social stability.
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Allowing the individual to remain in their natural environment rather than in prison.
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Promoting Restorative Justice:
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Providing an opportunity for correction without full separation from society.
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Protecting the rights of all parties while achieving the goals of punishment.
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Reducing Social Costs:
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Alleviating pressure on detention facilities.
- Supporting the convicted person in maintaining their livelihood and economic role.
Scope of Application:
Electronic monitoring can be applied in various personal status cases, including:
- Child maintenance: Ensuring compliance with payments without imprisonment.
- Custody and visitation disputes: Monitoring compliance with court decisions on child handover or visitation schedules.
- Financial obligations: Including inheritance and endowment cases, ensuring effective enforcement of rulings.
Legislative Context:
This amendment follows the successful implementation of electronic monitoring in criminal law in 2022, demonstrating its efficiency as an alternative to traditional penalties. Expanding its application to Sharia courts reflects a modern legislative vision that combines authenticity with innovation.
Conclusion:
The 2025 amendment to Jordan’s Sharia Execution Law represents a pioneering step in modernizing the judicial enforcement system, integrating electronic monitoring with principles of Islamic law. The focus is on rehabilitation and restorative justice rather than strict punishment, while maintaining social and economic stability for families. The practical implementation of this innovative system is expected to attract significant attention from legal professionals and the Jordanian public alike.
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