Jordan: Types of marriage certificates, including issuing authorities, signatories, and content; instances when more than one type of marriage certificate is issued to the same couple (2009-May 2014)
1. Types of Marriage Certificates
Sources assert that there is no civil marriage in Jordan (Lawyer 5 May 2014; US n.d.a) and indicate that only religious marriage is conducted (Lawyer 3 May 2014; Lawyer 5 May 2014)
In correspondence with the Research Directorate, a lawyer in Amman who practices several types of law, including family law, and who is referred to as the fourth lawyer in this Response, explained that Muslim marriages are conducted in Sharia courts, and Christian marriages are held in Church courts (Lawyer 3 May 2014).
2. Information Contained on a Marriage Certificate
Sources claim that information presented on marriage certificates includes:
- full names of the bride and groom (Lawyer 3 May 2014; Lawyer 6 May 2014a; Lawyer 5 May 2014);
- national identification numbers of the bride and groom (Lawyer 3 May 2014; Lawyer 5 May 2014);
- date of marriage contract (Lawyer 5 May 2014), also described as the "date of marriage" (Lawyer 6 May 2014a);
- nationality of the bride and groom (Lawyer 3 May 2014; Lawyer 6 May 2014a; Lawyer 5 May 2014);
- religion (Lawyer 3 May 2014; Lawyer 5 May 2014);
- profession (Lawyer 3 May 2014; Lawyer 6 May 2014a).
The second and fourth lawyers indicated that the name of the Sharia Court or Church in which the marriage was conducted is noted on marriage certificates (Lawyer 6 May 2014b; Lawyer 3 May 2014). The first lawyer, who works for a general practice law firm in Amman and who has a variety of specializations including civil law, stated that both the "place of marriage" and the name of the Sharia Court or Church are included on marriage certificates (Lawyer 6 May 2014a). The third lawyer, who works at an Amman law firm specializing in corporate law, described the place of marriage as the "place of their marriage contract" and adds that it is the name of "the Sharia court or church" (Lawyer 5 May 2014).
The first lawyer stated that "private obligations ...[such as] if the married couple agreed upon certain conditions" are recorded on a marriage certificate (Lawyer 6 May 2014a). In correspondence with the Research Directorate, the second lawyer, who practices civil, commercial and labour law, is a trainee on personal status law, and provided information only on marriage certificates for Muslims, similarly asserted that "conditions" are described on marriage certificates for Muslims (Lawyer 6 May 2014b).
The fourth lawyer indicated that the name of the priest that performed the marriage ceremony is included on a marriage certificate (Lawyer 3 May 2014). The first lawyer similarly stated that the "name and signature of the authorized registrar who [conducted] the marriage" is included on the marriage certificate (Lawyer 6 May 2014a). However, according to the third lawyer, the name of the religious authority, for example the priest, who performed the marriage is not included on a marriage certificate (Lawyer 5 May 2014).
The first lawyer noted that the age of the bride and groom is contained on a marriage certificate (Lawyer 6 May 2014a), while the fourth lawyer stated that the date and place of birth of the bride and groom are contained on the document (Lawyer 3 May 2014). However, the third lawyer asserted that the date and place of birth of the bride and groom were only included on certificates before the year 2000 (Lawyer 5 May 2014).
The fourth lawyer indicated that the court's stamp and seal is included on marriage certificates (Lawyer 3 May 2014). However, the third lawyer said that the only seal on marriage certificates is the seal of the Passports and Civil Status Department (Lawyer 5 May 2014).
The first lawyer claims that, only for Muslims, "the approval of the bride's guardian" is included on marriage certificates (Lawyer 6 May 2014a). The second lawyer similarly stated that, for Muslims, "the consent of the [bride or her] guardian" is included on the document (Lawyer 6 May 2014b).
The first lawyer indicated that, only for Muslims, the "amount and type of dowry" is contained on marriage certificates (Lawyer 6 May 2014a). Similarly, the second lawyer noted that, for Muslims, the document contains information on "how to pay [the] dowry" (Lawyer 6 May 2014b).
The third lawyer asserted that the place and numbers of the bride and groom's civil register are included on marriage certificates (Lawyer 5 May 2014). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
The first lawyer claimed that the addresses of the bride and groom are mentioned on marriage certificates (Lawyer 6 May 2014a). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
The first lawyer stated that the bride and groom's "approval" is included on marriage certificates (Lawyer 6 May 2014a). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
The fourth lawyer said that marital status is included on marriage certificates (Lawyer 3 May 2014). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
The fourth and first lawyers noted that the names of witnesses appear on marriage certificates (Lawyer 3 May 2014; Lawyer 6 May 2014a), with the first lawyer explaining that there are two witnesses (ibid.). However, the third lawyer asserted that "the names of witnesses do not appear on the marriage certificates, but appear on the marriage contracts" (Lawyer 5 May 2014).
According to the first lawyer, the bride and groom's signatures appear on a marriage certificate, as well as the signatures of two witnesses, and the "authorized registrar" who conducted the marriage (Lawyer 6 May 2014a). The second lawyer, who provided information on marriage certificates for Muslims, indicated that, among other signatures, the bride, groom and witnesses sign marriage certificates (Lawyer 6 May 2014b). In contrast, the fourth lawyer explained that the signatures of the bride, groom and witness do not appear on the marriage certificate, however they "all sign the marriage documentation prior to issuing the marriage certificate, which takes place before the Sharia or Church court" (Lawyer 3 May 2014). The third lawyer said that marriage certificates contain the signatures of "the secretary and the official of the Passports and Civil Status Department" (Lawyer 5 May 2014).
The third lawyer indicated that marriage certificates are identical (Lawyer 5 May 2014). The second lawyer, who spoke only about marriage certificates for Muslims, stated that all marriage certificates look the same (Lawyer 6 May 2014b). However, the first lawyer claimed that marriage certificates do "not always" appear the same (Lawyer 6 May 2014a). According to the fourth lawyer, marriage certificates issued by Sharia courts look the same, but marriage certificates issued by Church courts look different, "as each sect has its own template" (Lawyer 3 May 2014).
3. Issuing Authorities
The fourth and second lawyers indicated that Sharia courts and Christian courts issue marriage certificates (Lawyer 3 May 2014; Lawyer 6 May 2014b). Similarly, the first lawyer indicated that "the court" issues marriage certificates (Lawyer 6 May 2014a). However, the third lawyer claimed that the Ministry of Interior's Passports and Civil Status Department issues marriage certificates (Lawyer 5 May 2014). The undated website of the US Embassy in Jordan indicates that, in order to file a petition for an immigration class, a spouse must bring a "[m]arriage certificate issued by Jordanian Civil Status Department ..." (US n.d.b). Similarly, the undated website of the Philippine Embassy in Amman, Jordan, indicates that, in order to report the marriage of a Filipino citizen who was married in Jordan, the person must provide a "marriage certificate issued by the Civil Status and Passports Department of Jordan (or its equivalent under the Palestinian National Authority)" (Philippines n.d.). The fourth lawyer explained that marriages have to be registered "at the Civil Status Department, which may, upon request, issue a marriage certificate based on the marriage certificate issued by the Sharia or Church court" (Lawyer 3 May 2014). The US Country Reciprocity Schedule for Jordan indicates that marriage certificates are "obtainable from the Sharia Courts for Moslems and the churches for Christians" (US n.d.a).
4. Language of Marriage Certificates
Several sources indicated that marriage certificates are issued in Arabic (Lawyer 3 May 2014; Lawyer 6 May 2014a; Lawyer 6 May 2014b; Lawyer 5 May 2014). The fourth lawyer added that "[s]ome Church courts have Arabic/English templates. Church courts may, upon the request of the bride and the groom, issue a marriage certificate in [the] English language" (Lawyer 3 May 2014). The third lawyer indicated that marriage certificates "can be translated, if needed" (Lawyer 5 May 2014).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Lawyer, Amman. 6 May 2014a. Correspondence with the Research Directorate.
Lawyer, Amman. 6 May 2014b. Correspondence with the Research Directorate.
Lawyer, Amman. 5 May 2014. Correspondence with the Research Directorate.
Lawyer, Amman. 3 May 2014. Correspondence with the Research Directorate.
Philippines. N.d. "Report of Marriage." Philippine Embassy in Amman. <http://www.philembassy-amman.net/consular-section/pagpapatalang-sibil/report-of-marriage/> [Accessed 29 Apr. 2014]
United States (US). N.d.a. Department of State. "Jordan Reciprocity Schedule." <http://travel.state.gov/content/visas/english/fees/reciprocity-by-country/JO.html> [Accessed 29 Apr. 2014]
_____. N.d.b. Embassy of the United States in Jordan. "Filling I-130." <http://jordan.usembassy.gov/dhs_i130.html> [Accessed 29 Apr. 2014]
Additional Sources Consulted
Oral sources: Attempts to contact the Jordanian Civil Status and Passport Department, four law firms in Amman, and five lawyers in Amman were unsuccessful within the time constraints of this Response. One lawyer was unable to provide information for this Response.
Internet sites, including: ecoi.net; Factiva; Jordan – Official site of the Jordanian e-Government; Keesing Document Checker; United Nations – Refworld.