Comprehensive Guide: A Legal Reading into the Regulation of Using Electronic Means in Jordanian Sharia Courts 2026
The digital transformation in the Hashemite Kingdom of Jordan is accelerating to encompass all vital sectors, and the judicial system is no exception to this evolution. In a pivotal step that reflects a profound commitment to developing the justice system, a Royal Decree was issued approving the "Regulation of Using Electronic Means in Judicial Proceedings at Sharia Courts No. (43) of 2026".
Given that circulating press releases were brief and did not detail all procedural aspects, we based this analytical article on the original text of the regulation as published in the Jordanian Official Gazette (Issue 6062). Our goal is to provide an in-depth legal reading that summarizes and analyzes its most prominent provisions, clarifying their direct impact on both lawyers and litigants.
Overview of the Regulation and the Importance of its Issuance
The Regulation of Using Electronic Means in Judicial Proceedings No. (43) of 2026, issued pursuant to Article (11 bis) of the Sharia Courts Procedure Law No. (31) of 1959, serves as a necessary legislative response to modern demands. The regulation aims to grant full legal authority to procedures conducted via digital platforms within Sharia courts.
This regulation is not merely an administrative update; it establishes a comprehensive legal environment that guarantees speedy completion (prompt justice) while strictly preserving the guarantees of a fair trial and the rights of all parties, supported by a technical infrastructure provided by the Chief Islamic Justice Department.
Objectives and Scope of Application
The scope of this regulation extends to cover all facets of Sharia judicial work in Jordan. Article (2) defines the entities mandated to apply it, which include:
- The Chief Islamic Justice Department and the Sharia Judicial Council.
- Sharia Courts of all degrees and types (First Instance, Appeal, and Supreme).
- The Sharia Public Prosecution.
- Family Reconciliation, Mediation, and Arbitration Offices.
In terms of objectives, the regulation seeks to achieve the following:
- Simplifying Procedures: Reducing the time and effort required to complete judicial transactions.
- Facilitating Access to Justice: Making it easier for litigants, especially expatriates or those residing in distant governorates.
- Improving Service Quality: Transitioning from a traditional paper-based environment to a secure and documented digital one.
- Enhancing Transparency: Providing accurate, tamper-proof electronic records that can be referenced whenever necessary.
Analytical Table of Key Provisions
To make the regulation easily understandable for both the general public and legal professionals, we present a table reviewing the most prominent legal articles, accompanied by a simplified summary of their legal rulings:
| Legal Article | Subject | Summary of Legal Ruling and Analysis |
|---|---|---|
| Article (3) | Legal Authority of Procedures | Electronic procedures, documents, and deeds acquire the exact legal authority and effect of traditional paper documents according to applicable laws. |
| Article (4) | Requesting Paper Originals | The court may require parties to present the original hard copy of a document submitted electronically; failure to do so may result in the procedure being invalidated. |
| Article (5) | Remote Trials (Video Conferencing) | Attendance via video conferencing is equivalent to in-person attendance, provided that digital identity is verified, a secure channel is used, the call is documented, and there is no coercion on the speaker. |
| Article (6) | Electronic Judicial Notifications | Adopting the "Sanad" app (or its alternative), authenticated SMS messages, and approved emails as official notification methods, rendering them legally effective. |
| Article (7) | Mandatory Follow-up & Exceptions | Parties are obligated to monitor the systems for adjournments without the need for a new notification. Exceptions include notifications for taking an oath, warnings, reconciliation sessions, and forgery appeals (which require specific notifications). |
| Article (8) | Transitioning to In-Person Proceedings | Litigants have the right to request a shift from electronic to in-person trials. If the court denies the request, its decision must be reasoned and justified. |
| Article (9) | Electronic Signatures | When using electronic means, parties are exempt from the requirement to manually sign court records (minutes) and decisions. |
| Article (10) | Lawyers' Database | The Chief Islamic Justice Department will create a specific database containing authorized information for lawyers to facilitate their work and system utilization. |
Prominent Newly Introduced Electronic Services
The regulation has sparked a true revolution in standard procedures. The major changes can be summarized in the following points:
1. Filing Lawsuits, Requests, and Submitting Memorandums
Lawyers and litigants can now file lawsuits, deposit statements, submit memorandums, and pay judicial fees electronically without needing to physically visit court registries. This reduces overcrowding and saves valuable time.
2. Electronic Judicial Notifications
The issue of notifications is one of the main causes for delayed case resolutions. Article (6) radically addressed this challenge by adopting immediate and reliable notification methods, including:
- The government application "Sanad".
- Text messages (SMS) sent to a verified mobile phone number.
- Authorized email addresses.
- Electronic publication on a daily newspaper's website if the law requires newspaper publication.
The notification becomes legally effective the moment the message or email is sent, eliminating any evasion of receiving notifications.
3. Use of Video Conferencing and Remote Witness Testimonies
Article (5) permits conducting trials and hearing statements from parties and witnesses via video conferencing. The legislator established strict guarantees to ensure the integrity of this process:
- Verifying the speaker's digital identity.
- Encrypting and protecting communication channels.
- Documenting and archiving sessions to prevent tampering.
- The judge ensuring the witness or litigant is not subjected to pressure or coercion at their location.
4. Public Prosecution and Family Reconciliation Offices
The regulation covers not only litigation but also family reconciliation, mediation, and arbitration offices. This means counseling and reconciliation sessions can be held remotely. This respects family privacy and reduces the anxiety associated with physical attendance, especially in cases of marital discord and disputes.
5. Eliminating Paper Signatures
Article (9) explicitly states that there is no need for parties to manually sign the minutes and decisions when electronic means are used. Electronic authentication and session documentation replace manual signatures, accelerating the workflow.
Legal and Administrative Impacts of the Regulation
The transition of the Sharia judiciary to a digital environment imposes a new reality on all parties involved in the judicial equation:
Impact on Litigants
- Reducing Financial and Time Burdens: Litigants will not have to endure the hassle of travel and commuting for every procedural session.
- Flexibility for Expatriates: The system provides a golden opportunity for Jordanian expats to attend their sessions and give statements without needing to grant power of attorney for every detail or incur travel costs.
- Legal Guarantees: The regulation grants litigants the right to request a shift from an electronic session to an in-person one (Article 8), ensuring the right of defense is not compromised.
Impact on Lawyers
- Efficient Case Management: The system will enable lawyers to effectively manage a larger number of cases from their offices via dedicated databases (Article 10).
- Caution in Follow-up: Article (7/A) obligates notified parties to track procedures and adjournment dates electronically. This places a major professional responsibility on lawyers to check their digital portals daily, as decisions take legal effect without a new paper notification.
- Important Exceptions: Lawyers must pay attention to Paragraph (B) of Article (7), which mandates traditional or specially regulated notifications for sensitive procedures (such as taking oaths, serving warnings/notices, reconciliation sessions, and forgery appeals).
Impact on Sharia Courts
- Eliminating Paper Accumulation: The system will aid in digitally archiving files, protecting them from damage or loss, and freeing up vast spaces within court buildings.
- Speeding Up Litigation: By resolving the notification dilemma and cutting down wasted time in procedural formalities, the rate of case resolution will increase significantly.
Why is this Regulation a Crucial Step in Modernizing the Sharia Judiciary?
The Sharia judiciary in Jordan deals with the most sacred and sensitive human bonds: personal status and family matters (marriage, divorce, alimony, custody, inheritance). These cases require swift resolution to maintain social stability and meet the needs of vulnerable groups like children and women.
This regulation is a historic step for several strategic reasons:
- Alignment with the Modernization Vision: The regulation perfectly aligns with the Royal vision for public sector modernization and the transition to e-government.
- Preventive Justice and Rapid Response: In alimony and custody cases, every day of delay equates to family suffering. The system shrinks litigation periods from months to weeks, or even days.
- Privacy and Security: Family cases demand high confidentiality. Remote litigation protects parties from direct confrontation in court hallways, which can escalate conflicts, particularly in discord cases.
- Crisis Response: The COVID-19 pandemic established the necessity of alternatives to in-person litigation. This regulation provides a robust infrastructure ensuring the continuity of justice under any emergency.
Publication Date and Effective Date
The regulation was issued based on the Council of Ministers' recommendation on July 5, 2026, and was approved by Royal Decree. It was published in the Official Gazette (Issue 6062) on July 23, 2026.
According to Article (1) of the regulation, it enters into force ninety (90) days after its publication date, meaning it will become binding and practically applicable in the last third of October 2026. During this transitional period, the Chief Islamic Justice is tasked with issuing the necessary executive instructions to prepare the infrastructure and clarify implementation mechanisms according to Article (11).
Conclusion
The Regulation of Using Electronic Means in Judicial Proceedings at Sharia Courts No. (43) of 2026 represents a qualitative and radical leap in the structure of Jordanian Sharia litigation. It is not merely a change in tools but a re-engineering of legal procedures to achieve a delicate balance between swift processing and fair trial guarantees. The success of this system will rely heavily on litigants' awareness, lawyers' professionalism, and the efficiency of the technical infrastructure managed by the Chief Islamic Justice Department.
Frequently Asked Questions (FAQ)
1. When does this regulation officially take effect? The regulation officially takes effect 90 days after its publication in the Official Gazette (published on July 23, 2026), which falls in late October 2026.
2. Are sessions held via video conferencing legal and binding? Yes. Articles (3) and (5) stipulate that proceedings conducted via electronic means and video conferencing carry the same legal effect and authority as traditional in-person proceedings.
3. How will I be notified of Sharia court hearing dates? Notifications will be sent via the government app "Sanad", an SMS message to your verified phone number, or your approved email address. These notifications are legal and effective the moment they are sent.
4. Can I refuse an electronic trial and request in-person attendance? Yes. Article (8) guarantees parties the right to request a transfer from electronic to in-person proceedings. If the court denies the request, the law requires it to issue a reasoned decision explaining the denial.
5. Are all procedures in Sharia courts now fully electronic? The vast majority can be automated. However, Article (7/B) exempted certain sensitive procedures that require special notification and handling, such as notifications to take an oath, warnings, reconciliation sessions, and forgery appeals.
6. In an electronic trial, how are the hearing minutes (court records) signed? According to Article (9), when electronic means are used, the need for parties to manually sign the minutes and decisions is waived and replaced by approved electronic authentication.
7. What happens if the person to be notified is an inmate in a correctional facility (prison)? Article (6/B) exempts inmates of rehabilitation and correctional centers, as well as legally unrepresented incapacitated individuals, from direct electronic notification provisions. Their notification procedures remain subject to special legal methods ensuring their certain knowledge.
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- Summary: A comprehensive analytical reading of the Regulation of Using Electronic Means in Judicial Proceedings at Sharia Courts No. (43) of 2026. The article highlights new remote litigation processes, electronic notifications, and the impacts of this digital transformation on litigants and lawyers to ensure prompt justice according to modern Jordanian legislation.
