The Historical Development of Criminal Legislation in Jordan

Abstract

The Jordanian state system, its organs and functioning attract attention as an example of the Middle East. Another aspect that makes it attractive to us is that this state was subject to Ottoman rule for about 400 years, which lasted until the end of the First World War. The country, which remained within the borders of the Damascus Vilayet during the Ottoman period[1], soon came under the rule of the British and could only declare its independence in 1946[2]. However, Ottoman legislation in Jordan continued to have long-term influence. It is also known that this effect, although very small, still continues. Mecelle remained in force in this country until 1977[3]. Despite this, Mecelle, as mentioned in the introduction to the Arabic edition,[4] contains provisions that are still in force in Jordan, and Jordanian jurists remain in need of it. In addition to Mecelle, the Ottoman Penal Code remained in force in Jordan until 1951, the Code of Criminal Procedure until 1961, the provisions of the Land Code until 1953, the Land Commercial Code until 1966, the Maritime Trade Code until 1970, the Code of Civil Procedure until 1952[5]. Some articles of these laws have been amended over time. However, in Jordan, law enforcement has applied the provisions of this law until the end of their effective period in disputes that come before them. In this article, literature research on Jordanian criminal law was conducted.