“Orthodox Church” to implement equality in inheritance pending Unified Inheritance Law

The Guardianship and Inheritance Law for the year 2023 is set to be implemented in the near future, which will amend the Personal Status Law to equalize all wealth inherited by males and females.

The Orthodox Church has begun implementing the new “Christian Family Law” of the Greek Orthodox Patriarchate of Jerusalem since early March, but the "Guardianship and Inheritance Law" does not come into effect until the Christian inheritance law agreed upon by the 11 Christian denominations in Jordan is adopted.

The Orthodox Church law stipulates equality in inheritance between females and males, and will limit it to female family members in the absence of a brother. The Holy Synod introduced a provision in the Guardianship and Inheritance Law for the year 2023 allowing the testator to designate up to one-third of the inheritance to a male or a female inheritor.

A judge in the Orthodox Court of Appeals and a member of the Orthodox Family Law Amendment Committee, Christine Faddoul, speaking to “Roya”, said this provision allows those objecting to gender equality in inheritance to write a will for a heir up to one-third, making the male's share more than the female's in this case.

The Christian Denominations Councils Law

Faddoul calls for amending the Christian Denominations Councils Law in the Civil Law (Article 1086) by adding the following amendment: "Despite any provision in any other law, the Christian inheritance law applies to Christian citizens in Jordan."

She also calls for the deletion of Article 10 of Law No. 28 for the year 2014 concerning Christian Denominations Councils, which deals with the issue of wills according to Islamic Sharia laws.

The Christian Denominations Councils Law clashes with Article 1086 of the Jordanian Civil Law, which states that "the appointment of heirs, the determination of their shares in inheritance, and the transfer of the estate are subject to Islamic Sharia provisions," according to legal experts in Canon law.

Faddoul believes that the reason for the delay despite the adoption of this law by Christian denominations is that the Byzantine family law applies to the Orthodox Church, while the issue of inheritance and wills applies to all Christians in Jordan - which will then require a legislative process.

Article 10 of the Christian Denominations Councils Law states: "The court or any competent court shall apply Jordanian legislation applicable to Muslims when considering a lawsuit related to unclaimed property or funds in the Kingdom left by a will or without a will."

Female Inheritance

While grieving for her Husband’s passing, “Um Nadera” was taken aback when her late husband's brother demanded the sale of their home to claim his share, despite knowing it's where she resides with their daughters.

Um Nadera, now the sole provider for her four daughters, finds herself paying her husband's brother a monthly installment of JOD 300, nearly a third of the family's monthly income, in lieu of his share in the house. Consequently, she faces increased financial responsibilities that exacerbate her economic plight.

Barely three days had passed since the demise of Azianiyah's father, when her brother sought to claim his portion of the inheritance, disregarding the will's directive for an equal distribution among four sisters, their brother, and their mother.

Azianiyah told "Roya" that her brother is now pressuring them to relinquish their share of the inheritance, arguing that since she hasn't borne a son, the property inheritance should go to the family of an “unknown” man - her husband.

Laws Ensuring Women's Rights

Christine Faddoul, an appellate judge at the Orthodox Church's court in Amman, emphasizes the necessity for Christians to resort to a special law governing their personal status in Jordan, derived from the tenets of their faith.

Despite the Christian Family Law being endorsed by the heads of churches in Jordan and adopted by the Orthodox Patriarchate of Jerusalem, regulating matters such as inheritance, wills, and apportionment in its third section, it remains suspended, akin to the unified Christian inheritance and wills law, which is still pending.

Parliamentary discrepancy

Omar al-Nabir, head of the Parliamentary Committee on Economy and Investment, dismisses the likelihood of the law discussed in Parliament during its current session - which concludes its term in autumn 2024.

Al-Nabir, speaking to "Roya" points to the rejection by Christians of gender equality in inheritance, citing their fear of Christians detaching from their community, and on the premise that males are considered the breadwinners of the family.

Constitutional Perspective

The Jordanian constitution guarantees citizens the right to apply their religious law to personal status matters, including inheritance, in accordance with their faith, as stated by Nizar al-Dayyat, member of the committee tasked with drafting the "Unified Inheritance and Wills Law" and member of the committee amending the Byzantine Family Law.

Al-Dayyat adds that granting females inheritance rights without the condition of having male relatives ("i.e., a female can inherit without the presence of a male heir") represents a significant step towards equality.

He underscores the necessity for legislative intervention through constitutional channels to enforce the mentioned inheritance provisions, noting the initiation of implementing Christian Family Law of the Greek Orthodox Patriarchate from early March.

Demographic Landscape

Christians constitute approximately 2.5 percent of Jordan's population, with half of them adhering to the Orthodox denomination, according to the latest statistics from the Royal Institute for Religious Studies in 2015. Their churches follow Islamic Sharia in inheritance distribution, as per the civil law enforced since 1976.

Equality in Inheritance Laws

Al-Dayyat sees in the draft of the Unified Inheritance and Wills Law an initiative stemming from the tenets of the Christian faith, noting that it ensures family stability when money and its management remain within the family's confines, regardless of whether the responsibility lies with males or females.

Additionally, the third section of the Orthodox Christian Family Law advocates for the adoption of the concept of obligatory bequest for children, allowing grandchildren to inherit from their deceased grandparents.

Faddoul explains that women now share inheritance with their children. Moreover, girls inherit directly from their parents in the absence of male siblings. She points out that these progressive laws await framing through legislative channels, via the Cabinet and the National Assembly in its dual chambers.

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