Between Church and State: The Challenges of Reforming the Church Courts and Family Law in the Greek Orthodox Patriarchate of Jerusalem

Abstract

AbstractIn most Middle Eastern jurisdictions, the applicable family law is determined based on the religious affiliation of the parties involved. Whereas Jordanian Islamic family law has last been reformed in 2001, 2010, and 2019, and the law that regulates the shariʿa courts has been amended several times since 1972, the family laws of Christian communities and the church courts have largely been exempted from this reform dynamic. Based on semi-structured interviews as well as the review of written sources, this article investigates why it is difficult to reform the church courts and even more difficult to reform the family laws of Christian communities, using the Greek Orthodox community in Jordan as a case study. I argue that conflicts within the Greek Orthodox Patriarchate of Jerusalem and the fact that the jurisdiction of the patriarchate over family law transcends Jordanian state boundaries have made state-led reform challenging and presented obstacles for Jordanian Christians lobbying for change.