Recent Developments to the Jordanian Execution Law

Abstract

This article examines the recent amendments made to the Jordanian Execution Law in respect of imprisonment for failure to pay debts of civil and commercial nature. While the amendments made on the Law are long-awaited and are an improvement to the administration of justice in the Country; it remains that these amendments came below expectations. First, the recent amendments to the Law are short from the international obligations of the Country under the International Covenant on Civil and Political Rights (ICCPR) which Jordan is a signatory of. Second, the recent amendments still use the “one size fits all” approach whereby it does not provide a distinction between a procrastinating debtor and a debtor that is indeed not able to pay; to determine imprisonment in civil and commercial debts. Hence, while the recent amendments had made some positive changes to the imprisonment for debtors in civil and commercial debts; this article finds that Jordan must adhere to its international obligations by providing alternatives to imprisonment for civil and commercial debts; or at least provide a distinction between a procrastinating debtor and a not able to pay debtor to determine whether imprisonment of the debtor is due.