Interpretation of Statutes at Jordan
Interpretation of Statutes in Jordan – Overview
Jordan follows a civil law system with significant influence from Islamic law (Sharia) and French legal tradition. The interpretation of statutes in Jordan is carried out within this hybrid framework, with a strong emphasis on the Constitution of Jordan (1952) as the supreme law.
1. Legal Framework
The Jordanian Constitution is the highest legal authority.
Statutes are enacted by the Jordanian Parliament (House of Representatives and Senate).
The Jordanian courts, including the Court of Cassation (highest judicial authority), interpret statutes.
Islamic law principles influence interpretation, especially in personal status and family law.
French civil law principles and codes have historically influenced statutory construction.
2. Methods of Statutory Interpretation
🔹 Literal (Textual) Interpretation
Courts begin with the plain, ordinary meaning of the words in the statute.
Clear language is applied directly unless it conflicts with higher principles.
🔹 Systematic Interpretation
Consideration of the statute within the context of the entire legal system.
Ensures consistency with other laws and codes.
🔹 Teleological (Purpose-Oriented) Interpretation
Focus on the objective and purpose behind the legislation.
Helps adapt laws to social realities and justice principles.
🔹 Historical Interpretation
Examination of the legislative intent and background materials when ambiguity arises.
3. Role of the Courts
The Court of Cassation is the highest appellate court, setting binding interpretations.
Courts may refer to Islamic legal principles alongside civil law methods.
Judicial decisions are guided by constitutional values, including justice, fairness, and human rights.
4. Influence of Islamic Law
Islamic law deeply influences statutory interpretation in personal status, family, and inheritance law.
In cases of ambiguity or conflict, courts may refer to Sharia principles.
The Jordanian system balances secular legislation with Sharia mandates.
5. Summary Table
| Interpretation Method | Description |
|---|---|
| Literal | Plain, ordinary meaning of the text |
| Systematic | Context within the broader legal framework |
| Teleological | Purpose and objectives of the law |
| Historical | Legislative intent and background |
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