US embassy cable - 04AMMAN6160

C O N F I D E N T I A L SECTION 01 OF 02 AMMAN 006160 
 
SIPDIS 
 
E.O. 12958: DECL: 07/21/2014 
TAGS: PGOV, KWMN, JO 
SUBJECT: PERSONAL STATUS LAW DEFEATED, AGAIN 
 
Classified By: Charge d'Affaires David Hale for reasons 1.5 (b)(d) 
 
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SUMMARY 
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1.  (C)  Despite lobbying by activists, conservative, tribal, 
and Islamist members of Jordan's Lower House of Parliament 
joined to reject for a second time a provisional "Personal 
Status Law" that gives a woman the right to divorce her 
husband.  Dubbed the "khuloe law," it also includes a 
provision to raise the legal, marriageable age for both men 
and women to 18.  The vote surprised and angered women's 
activists.  Despite the setback, activists and the GOJ are 
intent in seeing the law pass, and will look to the 
(royally-appointed and more liberal) Senate to advocate 
strongly for its passage.  Meanwhile, the original 
provisional law remains in force unamended.  This relatively 
rare parliamentary resistance to the government is a sign of 
the political ineptness of the Fayez government in dealing 
with Parliament.  It also highlights the irony that the 
strongest supporters of the monarchy, well-represented in a 
gerrymandered Parliament that favors tribal and rural 
elements, are also among those most resistant to the King's 
progressive social reform agenda.  End Summary. 
 
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PERSONAL STATUS LAW FACES YET ANOTHER SETBACK 
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2.  (U)  The Lower House of Jordan's Parliament on June 27 
voted for a second time to reject the provisional Personal 
Status Law that would give women the right to divorce their 
husbands (known as "khuloe" in Arabic).  A narrow majority 
(44 of 83 members present), comprised mainly of Islamist, 
conservative, and tribal members voted against the law, which 
also would raise the legal marriageable age to 18 for both 
men and women. (It previously was 15 for women and 16 for 
men.)  Critics of the "khuloe law" charge that it encourages 
family disintegration and immorality. 
 
3.  (C)  The law has been a lightening rod in the struggle 
between the reform-minded regime and its 
socially-conservative Lower House.  To the chagrin of 
activists, the law was rejected by a wide margin in August 
2003.  Activists and GOJ officials lamented that the law was 
brought to a vote so quickly, before MPs could educate 
themselves (or activists could lobby them) about the law. 
GOJ officials had not explained the law well before it was 
brought for a vote, and were taken aback by the vehement 
opposition.  Activists complained that many MPs voted 
negatively in August not because they opposed the law itself, 
but out of anger with the GOJ for dismissing parliament and 
pushing forth laws in its absence. 
 
4.  (C)  The controversial law has bounced back and forth 
between the two houses of Parliament over the last year. 
After the Lower House's rejection in August, the law was sent 
to the Upper House for consideration.  Meanwhile, activists 
initiated a country-wide lobbying effort, organizing town 
meetings and enlisting religious leaders to explain that 
khuloe is sanctioned by Sharia.  The Legal Committee of the 
Upper House on August 25 recommended its passage.  From 
there, it was returned with amendments to the Lower House 
whose Legal Committee undertook a review in September 2003. 
Last month, the Committee finally announced its endorsement 
of the law.  Despite the committee's recommendation, the law 
was voted down on June 27.  Three of six female MPs voted in 
favor, two voted against, and one did not show up for the 
vote. 
 
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ACTIVISTS SLAM MPS 
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5.  (C)  The second rejection angered activists and GOJ 
officials.  Activists ridiculed many MPs' comments about the 
law as ignorant and backward.  For example, Islamic Action 
Front (IAF) MP Mohammad Abu Fares, who voted against the law, 
publicly charged: "This law gives women the right to divorce 
their husbands to pursue affairs with other men they like 
better than their husbands."  According to IAF Deputy Ali 
Utoum, "Women who initiate divorce proceedings under this law 
are often women of comfort and leisure who don't care about 
their families." 
 
6.  (C)  During a meeting with PolOff after the vote, 
University of Jordan Professor Bashir al-Khadra labeled 
opponents of the personal status law "stupid," noting that 
Islamic scholars and religious officials have accurately 
explained that khuloe is sanctioned in the Qur'an.  (Minister 
of Awqaf and Religious Affairs Ahmed Hilayel publicly 
defended the Upper House's endorsement and countered IAF and 
other deputies' claims that the law contradicted Sharia.) 
Hamdi Murad, a professor of comparative religions and Islamic 
studies at al-Balq'a University, agreed.  He told PolOff he 
had strongly advocated passage of the law in various forums, 
saying that most who voted in opposition were not experts in 
Islam.  He lamented that some people would simply not change 
their minds despite his best efforts to explain the issue. 
7.  (C)  However, several activists blamed politics for the 
law's defeat.  Anger at the GOJ for other matters prompted 
many to vote against the personal status law "because they 
could," according to human rights activist Fawzi Samhoury. 
He believes that the law eventually will pass because it is 
logical and consistent with Islam, but the government (and 
NGOs) will have to put forth an even stronger lobbying effort. 
 
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GOJ, ACTIVISTS VOW TO FIGHT ON 
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8.  (C)  Now that the Lower House has rejected the law for a 
second time, it will return to the Senate for 
re-consideration.  If the Upper House decides again to 
approve the law (as most activists expect), the Jordanian 
Constitution requires both Houses to convene in joint session 
for a debate and final vote.  No timetable has been 
announced, but Senate President Zaid Rifai insists the GOJ is 
intent on passing the khuloe law. 
 
9.  (C)  According to activist Nuha Maayta, the GOJ initiated 
a strong lobbying effort after the khuloe law was initially 
rejected in August, but in recent months, other priorities 
took precedence.  She slammed as "useless" the two women MPs 
(one of whom is an IAF member) who voted against the law, and 
the one who failed to show up for the vote.  Secretary 
General of the Jordanian National Commission for Women (which 
spearheaded the lobbying effort last summer) Amal Sabbagh 
lamented to PolOff that she felt the GOJ has a tendency to 
sacrifice initiatives that favored women's' empowerment in 
order to win support for other (usually economic development 
and financial) priorities. 
 
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COMMENT 
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10.  (C)  Activists are disheartened by the Lower House's 
rejection of the khuloe law given their (and the GOJ's) 
lobbying efforts, but not totally surprised, noting the Lower 
House's penchant for ill-informed and socially-conservative 
behavior.  They are hopeful that the more pliable Senate, 
which includes several prominent women activists, will serve 
as a catalyst in finally approving the law.  The original 
provisional khuloe law remains in force and unamended until 
the Parliament takes final action.  Activists are committed 
to its final approval, seeing such a vote as a moral victory 
against the conservative tide in Jordan. 
 
11.  (C)  Comment Continued.  This rare parliamentary 
resistance is a sign of GOJ ineptness in dealing with 
Parliament.  (There are also so many "red lines" preventing 
parliamentary  attack on unpopular foreign and security 
policies, that MPs can't resist a populist issue that falls 
within the bounds of acceptable debate.)  It is ironic that 
the strongest supporters of the monarchy -- rural, tribal 
elements bolstered by the gerrymandered electoral districts 
-- are also the most resistant to the King's progressive 
social reform agenda. 
HALE