text:
Comparative law and justice/Ireland

Part of the Comparative law and justice Wikiversity Project

Ampanciocco 20:27, 21 February 2011 (UTC)

Basic Information
Country Demographics: of the country and Northern Ireland which is 1/6 of the country and part of the United Kingdom. the Republic and 1.8 are in Northern.
 * In 2008 6,197,100 people.
 * Ireland is currently divided into the Republic of Ireland which is 5/6
 * Of the approximate 6.2 million people living in the country, 4.5 are in

Geographical Information: coastline and an area of 32,595.1 square miles. is the River Shannon which is 240 miles long. the summer and cooler in the winter.
 * Ireland is seperated from Great Brittain by the Irish Sea. It is also surrounded by the Celtic Sea and Atlantic Ocean.
 * It is the 3rd largest island in Europe.
 * The key mountain is
 * Carrantoohil which is the highest point at 3,046 feet above sea level.
 * The country which is in Northern/Western Europe has a 600 mile
 * The largest city in the Country is Dublin containing 1mil. people.
 * To the east of the island is Great Brittain and the longest river is
 * The mild oceanic climate has frequent rain, however inland is warm in

Ethnic Groups: countries official language.
 * Those living in Ireland are either Irish or Ulster Scots and the largest is Christianity. 73% are Roman Catholic and the rest Protestant and 4% have none. A small ammount are also Jewish.
 * Less than 10% of the country speaks Irish and the rest speak English which is the

Economic Development:
 * Ireland began circulating the Euro in 2002.
 * GDP growth averaged 6% in 1995-2007, but the economy has dropped by over 3%                    in 2008, about 8% in 2009, and about 1% in 2010 and the countries unemployment rate is 13.7 percent.
 * The country grows turnips, barley potatoes, beets, wheat, dairy and beef and the main industries are silver, lead, steel, zinc, aluminum, food product, glass and crystal. The key exports are machinery and equipment, computers, chemicals, pharmecuticals, live animals and animal products. The key imports are chemicals, petroleum, textiles, machinery and clothing.
 * The GDP per capita is $37, 600 in 2010.(1]

Brief History
History of Nation: "1800. British rule over Ireland, present since the 12th century, is extended to the entire country by the 17th and 18th centuries and further centralized with the Act of Union in 1800 (whereby no parliament sat in Dublin anymore).

1870s. Strong national movement emerges in Ireland. The national political movement in favor of "home rule" succeeds in incorporating both members of the Anglo-Irish aristocracy and peasant famers who seek land reform. But resistance on the part of conservative British governments and the strong will of the Protestant population of the northern province—Ulster—to remain in the union delays home rule.

1914-18. A more radical stream of nationalism begins.

1919-21. Guerrilla-style war for independence ensues. The Unionist population of Northern Ireland remains adamant that no granting of either home rule or independence to the island should include them.

1922. The Anglo-Irish treaty gives 26 of the 32 counties of Ireland independence from the United Kingdom with some symbolic restrictions, such as the retention of the crown as head of state. The remaining 6 counties in the north of the island remain part of the UK.

1923. Those for and against the treaty fight a civil war over the spoils of government and some over the retention of symbolic links with Britain, which ends in the capitulation of the anti-treaty forces, who then form the political party Fianna Fáil in 1926.

1925. Partition of the island into Eire and Northern Island is informally made permanent.

1938. More than a decade of politically provoked and disastrous "economic war" with Britain ends.

1940. Ireland declares itself neutral in World War II.

1949. Although informally a republic since 1937, Ireland is formally declared a republic.

1950s. Emigration increases rapidly, and rural poverty becomes widespread.

1960s. The inward looking, tariff-centered economic policies are rejected in favor of an open policy, but the state still plays a huge role in the economy.

1970s. High government spending increases the national debt to unsustainable levels and sparks off high inflation. The oil crisis of 1979 also hits the country hard.

1973. Ireland joins the European Economic Community, along with Britain and Denmark.

1980s. High inflation and unemployment levels alongside income tax that reach over 65 percent.

1987. Ireland endorses the Single European Act, which establishes the common European market. The first social partnership agreements of the 1980s negotiate a plan for national economic recovery.

1990s. Tighter fiscal policies, trade and enterprise-friendly economic policies, and social partnership agreements, alongside other factors such as the long-term benefits of EU transfers, facilitate a turnaround in the economic fortunes of the country.

1991. EU countries sign the Maastricht Treaty, which formalizes the plan for European Monetary Union and agrees on the ground rules for entry into EMU.

1994-98. Following the paramilitary cease-fire in Northern Ireland and long negotiations, a peace process results in political agreements between Britain, Ireland, and Northern Ireland.

1995-96. The economy shows strong growth and a significant increase in employment opportunities.

1998. Ireland endorses the Amsterdam Treaty, which extends EU co-ordination of social and security policy and enlargement.

1999. EMU is introduced and the European Central Bank takes over monetary powers in Ireland."[2]

Health, and Education

 * The infant mortality rate is 3.89 deaths and 1,000 live births.
 * The life expectancy is for males 77.86 years and for females 82.41 years.
 * The average amount of education is up to 18 years and the literacy rate for both males and females each is 99 percent.

Governance

 * The President elect is the head of state.
 * The President signs and acts bills into law however he does not run the country.
 * The prime minister runs the country.
 * The Government also has different departments made up of people who are in charge of different areas of the government.

Elections

 * The next general election is to be held by June 2012.
 * The countries government is made up of 166 people called Dail that hold seats.
 * Officials get their positions by Elections.
 * In order to vote, you have to be registered to and also a citizen.
 * You also must be atleast 18 years old on or by February 15th of the voting year.
 * Everyone votes in person with the exception of the Garda and those who are eligible due to disability or being ill.

Courts

 * The courts are organized by a Board who decides on judicial policies consisting of:chairperson thats chosen by the Chief Justice or another judge of the Supreme Court and sixteen other members.
 * "Courts Service do not include the administration of justice nor is the Service accountable for judicial decisions. Judges are totally independent when carrying out their judicial functions. They are employed directly by the State and not by the Courts Service. They act as members of the Courts Service Board or Committees of the Board in an administrative capacity."

Punishment

 * On March 27, 2002, the 21st ammendment was signed banning the death penalty.
 * Corporal Punishment is allowed to occur in ones home within reason, however it is prohibited in schools and has been since 1982. It is also not allowed to be used as a sentence for a crime.
 * Ireland uses both imprisonment and fines when it comes to crimes.
 * "There is no specific offence in law of child sex abuse. A person may be charged with rape, sexual assault, aggravated sexual assault or with one of the specific offences relating to children"
 * The maximum rape sentence is life in prison and the maximum sentence for assault is 10 years unless the victim is 17 or younger then it jumps to 14 years.
 * Prisons rates have rcently gone up causing prisons to become overcrowded, however, in 1995 Prison Service was established in order to make sure people were getting the proper treatment and that the conditions were safe in these prisons.
 * There are approximately 100 people per every 100,000 who are in prison. There are 14 prisons in Ireland which are scattered across the country.
 * Juvenilles which consists of girls under the age of 18 and boys under the age of 16 are sent to one of the four youth detention centers throughout the country.
 * The only disparity in judgment when it comes to punishment is age because that has an affect on where the person will be sent.

Legal Personnel

 * In Ireland, courts due have juries which citizens over the age of 18 are expected to serve on.The jury is made up of 12 members and after they are sworn in they elect a foreman similar to the United States courts system.
 * In order to practice law a college education must be obtained and also a Barrister at Law post-graduate degree.A barrister is the type of lawyer in Ireland who gives professional legal advice, works in the courtroom and works with plees as opposed to the solicitors who usually hire them for clients because they are the people who the clients hire and they then work one on one with. Withought a BL people are not admitted to Irelands bar and some wish to be governed by the Bar Council of Ireland so that they can obtain higher rankings and be part of the "Inner Bar". All barristers also need seven years worth of apprenticeship before they are admitted.
 * Judges on the Supreme Court which is the highest court in Ireland are nominated by the president and these judges sit in groups of three, five or seven judges. After these courts comes the High Court and circuit court, the first two being located in Dublin along with Dublin's circuit court.
 * In Ireland "the presumption of innocence applies to all unconvicted persons. This is so whether they are unconvicted because the trial has not yet taken place or because a conviction has been quashed."
 * Lawsuits in Ireland occur the exact same way as they do in the United States with the person seeking a solicitor and the solicitor then hiring someone for them. "Ireland is fast turning into the lawsuit capital of Europe."

Law Enforcement
English: a grade not lower that D3 at Ordinary Level,Irish: a grade not lower than C3 at Foundation Level or D3 at another level,Other language: a grade not lower than D3 at Ordinary Level, and a grade not lower than D3 at Ordinary Level, in not less than 2 other subjects Or The Merit Grade in the Applied Leaving Certificate Or Like Grades in another examination, which, in the opinion of the Minister for Justice, Equality & Law Reform, is not of a lower standard than the above."
 * - Police force called An Garda Siochanna are in charge.
 * In order to join to the An Garda which is the police in Ireland you must be between the ages of 18 and 35. There is a physical competency plan that people must pass the test for and they must also have the following education requirements: "Candidates must have obtained in the Leaving Certificate: A grade not lower than B3 at Foundation Level or D3 at another level in Mathematics, and a qualifying grade in 2 languages, 1 of which must be English or Irish, as follows:
 * They also have to go through training which lasts 2 years and 22 weeks of that are spent studying.
 * The An Guarda feels that without the help of their community they can not succeed and they feel very strongly about everyone being involved to help prevent crime. They have a national crime unit and also Crime Prevention officers who are there not only to prevent crime, but to inform the community.
 * There are no different divisions, there are online crime prevention officers and regular officers.
 * The Irish army which is divided into three different parts is made up of 8500 men and women from across the country. The army has an Air Corps and a Naval service. There roles include both defending the state and participating in encouraging international peace. The military police work very close with the countries police to maintain order and protect the country from harm and are very well supported by the governament.
 * Over the past decade, corruption in Ireland has been growing. " State tribunals, investigations and media revelations of wrongdoing in public and corporate life have heightened perceptions of corruption and led to a momentum for reform in many of our key institutions and systems."
 * Ireland is a single centralized police structure.

Crime Rates and Public Opinion

 * The department just got a computer system that can now be used throughout the nation.
 * Most common crimes are vandalism and robbery (mostly in Dublin). Many don't even other to report.
 * Majority of murders are gang and drug related and as gangs are getting ahold of more guns, more are getting killed.
 * There are currently more rapes than ever, however, very few are reported.
 * In 2010, there were about 100,000 serious reported crimes and also 4,000 assaults.
 * Dublin in the most dangerous place in Ireland.
 * This data can be found in many different locations and even on websites about visiting or moving to Ireland.
 * People in the country feel that crime is out of control and drug use is increasing.
 * The country is based on civil law not common.

Rights
CONSTITUTION OF IRELAND – BUNREACHT NA hÉIREANN BUNREACHT NA hÉIREANN CONSTITUTION OF IRELAND Enacted by the People 1st July, 1937 In operation as from 29th December, 1937 (To view click on link below)Constitution

Family Law
Family court includes: Judicial Separation,Domestic Violence, Mediation, Maintenance, Divorce, Nullity, Collaborative law,Marriage exemptions,Care Orders, Passport issues, Custody, Paternity, Case progression, Separation agreement and Guardianship. the previous five years before the application is madethere must be no reasonable prospect of reconciliation and proper arrangements must have been made or will be made for the spouse and any dependent members of the family."
 * In Family court, no court cost fees are required and also only people the judge decides are fit to be in the room such as court officers, lawyers of both parties, etc. are allowed to be there due to privacy issues. It is not an open court room.
 * When it comes to marriage, both parties must be over the age of 18 unless the circuit court approves it and three months notice must be given on all marriages.
 * In order to get divorced the following standards need to have been met due to the fact that the divorce dissolves the marriage and allows both people to remarry:
 * "The parties must have been married and living apart for a period amounting to four out of

Guardianship "The natural mother of a child is automatically a guardian of the child. Whether the father of a child is an automatic guardian depends on his relationship with the mother.The married mother and father of a child are the most common guardians and they are so entitled by virtue of section 6(1) of the Guardianship of Infants Act, 1964. However, for the father to have guardianship status, the parties must be married at the time of the birth of the child. Alternatively, he can aquire guardianship status if the parties marry after the birth of the child.The natural father of the child can apply to the court under section 6A of the Guardianship of Infants Act, 1964 (as inserted by section 12 of the Status of Children Act, 1987) to be appointed guardian.If the mother agrees to the father becoming a guardian there is no need to go to court. In this case both parents must complete a statutory declaration in the presence of a Peace Commissioner (Guardianship of Children (Statutory Declaration) Regulations, 1998 (S.I. No. 5 of 1998). This declaration states the name of both parents, that they are unmarried and that they agree to the father being appointed as a joint guardian. They then become joint guardians of the child. The declaration also states that the parents have agreed arrangements regarding custody and access. Where there is more than one child, a separate declaration must be made for each child. If the mother does not agree to the father becoming the child's guardian, then the father can apply to the court to be appointed as a joint guardian. This is possible, whether or not his name is on the child's birth certificate.Other relatives or persons in loco parentis can apply to the court to be guardians. Guardians may also be appointed under a parent's will or by court order. Guardians who have been appointed by will or by court order may also be removed."

Citizenship People are qualified for this by birth, marrying and Irish citizen and by residence. The laws are as follows: 1. Anyone born in Ireland is an Irish citizen except children of diplomats with diplomatic immunity at the time. People born in Northern Ireland who are not Irish by descent must complete a special form before being considered Irish from birth.

2. If your mother or father was an Irish citizen born in Ireland, you are an Irish citizen even if born abroad.

* Spouses and Citizenship - 2005 and After... Naturalisation of spouses of Irish citizens. 15A.31(1) Notwithstanding the provisions of section 15, the Minister may, in his or her absolute discretion, grant an application for a certificate of naturalisation to the non-national spouse of an Irish citizen if satisfied that the applicant (a) is of full age, (b) is of good character, (c) is married to that citizen for a period of not less than 3 years, (d) is in a marriage recognised under the laws of the State as subsisting, (e) and that citizen are living together as husband and wife and that citizen submits to the Minister an affidavit in the prescribed form to that effect, (f) had immediately before the date of the application a period of one years continuous residence in the island of Ireland, (g) had, during the 4 years immediately preceding that period, a total residence in the island of Ireland amounting to 2 years, (h) intends in good faith to continue to reside in the island of Ireland after naturalisation, and (i) has made, either before a judge of the District Court in open court or in such manner as the Minister, for special reasons, allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State. Persons studying in Ireland may not make an application. Study periods DO NOT Count toward the five year reckonable residence requirement when applying for naturalisation. It should be borne in mind that the Minister for Justice grants naturalisation at his or her "absolute discretion".
 * But, if you were born outside Ireland, and your parent was an Irish citizen who was also born outside Ireland, you'll have to register with the Department of Foreign Affairs or an Irish embassy to become a citizen.
 * If you had an Irish-born grandparent, you may still become a citizen. But, you'll have to provide proof of direct kinship.
 * Documents which are used to establish Irish descent from parents and grandparents include their Irish birth, marriage, and death certificates. Of course, if your grandparents are still living, other documents such as passports and driving licenses may be filed instead of the death certificate. The Department of Foreign Affairs offers forms and full descriptions of the necessary documents. Contact them for the information you'll need.
 * If you've been married for at least three years to an Irish citizen who has themselves been a citizen for at least three years, you can apply for citizenship. This application is made to the Department of Justice.
 * You'll need to provide a marriage certificate, proof that the Irish spouse is Irish by birth or descent, and a statement from the Irish partner confirming that you're really living together as man and wife. If you haven't been married for three years, but wish to return to Ireland with your spouse, your spouse has a presumed "right of residence."
 * In other words, barring unusual circumstances like felony convictions in the spouse's background, you may both move to Ireland and live here together. Under rules which came into effect in April 1999, the non-Irish spouse may work in Ireland without a work permit. If the spouse is an EU citizen, he or she must register with the authorities, but no work permit is required. Here's more on work permits.
 * CJ makes this important point: "As a US citizen married to an Irish national for over three years, I am entitled to Irish citizenship. The only reason I want to get the citizenship and passport is so that I could travel thru the EU at some later date. For day to day living in Ireland, if you are a dependent of an Irish or EU citizen, you do not need citizenship for anything else. You are still entitled to all the social benefits as a resident and can still work."
 * Under Irish law, the spouse of an Irish citizen may obtain Irish citizenship by making a declaration of acceptance of Irish citizenship The declaration may be made not earlier than three years after the marriage to the Irish spouse. In cases where the Irish spouse obtained Irish citizenship after the marriage by birth or descent, a further three years of marriage from the date of the granting of citizenship must elapse before the application may be made.
 * As a result of the Irish Nationality and Citizenship Act, 2001, it will no longer be possible, after 30 November 2005, to become an Irish citizen by lodging a post-nuptial declaration at an Irish Embassy or Consulate. Instead, it will be necessary to apply to the Department of Justice, Equality and Law Reform in Ireland for a certificate of naturalisation based on marriage to an Irish citizen and subject to a number of conditions, including residency in Ireland.
 * Please note that residency part! For a spouse to become an Irish citizen it will now be necessary to reside in Ireland!
 * Here is the relevant paragraph of the The Irish Nationality and Citizenship Act as amended in 2005:
 * If you don't qualify to become a citizen by birth or marriage, you can still apply for naturalisation if you've lived in Ireland for 5 years. Examples of people who might benefit from such a situation would be those who have been working here over a long period of time using work permits, or non-Irish dependents of Irish citizens. Specific information, once again, is available at the Department of Justice / Email: Department of Justice.
 * The following conditions must obtain before the Minister will confer citizenship on someone after meeting the residency requirements:
 * 1) The applicant must be resident in the State
 * 2) The applicant must be 18 years of age or older.
 * 3) The applicant must have resided in the State for five of the nine years preceding the application.
 * 4) The last year of this period must have been one of continuous residence.
 * 5) The applicant must satisfy the Minister that they are of good character.
 * 6) The applicant must satisfy the Minister that they intend to reside in Ireland after naturalisation.
 * The applicant must make a formal declaration of fidelity to the nation and loyalty to the state.
 * Ireland does not require foreign citizenship to be dropped in order to get an Irish passport. In other words, Ireland allows you to be simultaneously a citizen of Ireland and of another country. This dual citizenenship has, of course, many advantages, in that you can readily enter and exit both nations.
 * However, as a word of warning, many non-Irish governments do not allow dual citizenship, so you might have to give up your native citizenship to become an Irish citizen. Check with your native country's foreign affairs department for the rules that apply to you. Most notably, you can be a dual citizen of the United States and Ireland.

Adoption - In Ireland it is now becoming more popular to adopt children and to even adopt them from different countries. - Before doing so HSE Adoption Service needs to be contacted and those who are eligble have to go through a process of whether or not they are fit to adopt and apply for an Adoption Order with the Adoption Authority in Ireland who goes through all of the paperwork and the full legal process. -When adopted, according to the law it is as if the children were born to the parents because like regular childbirth, it is permanent. - The highest court in Ireland is who deals with children who are removed from their parents and live with either another family member or another couple. - You must be 21 years old or older and a resident of Ireland unless you are a relative then onl;y one parent needs to be over the age of 21.

"The following persons are eligible to adopt: A married couple living together, A married person alone. The other spouse's consent to adopt must be obtained unless the couple is living apart and separated under a court decree or a deed of separation, or the other spouse has deserted the prospective adoptive parent or the other spouse's conduct has resulted in the prospective adoptive parent, with just cause, leaving the other spouse. The mother, father or relative of the child (relative meaning a grandparent, brother, sister, uncle or aunt of the child and/or the spouse of any such person, the relationship to the child being traced through the mother or the father); A widow or widower A sole applicant who is not in one of the categories listed above may only adopt where the Adoption Authority is satisfied that, in the particular circumstances of the case, it is desirable. It is not possible for two unmarried persons to adopt jointly. There are no legal upper age limits for adopting parents, but most adoption agencies apply their own."

Inheritance in Ireland -Everyone over the age of 18 is allowed to create a will to be used after death. If there is no will then due to the Succession Act proceedings go as follows:

"The act governs two situations in relation to the share to which a spouse is entitled on the demise of his or her partner. In circumstances where a Will has been created by the demised partner, the act provides that at all times the surviving spouse will be entitled to a share as a legal right. In circumstances where there is a spouse and no issue, the spouse is entitled to one-half of the estate, irrespective of the provisions of the Will. In circumstances where there is a surviving spouse and children, the spouse is entitled to take a one-third of the estate, irrespective of the terms of the Will. In circumstances where there is a spouse and grandchildren or other remoter issue, but no immediate children, the spouse is entitled to take one-half of the estate, irrespective of the provisions of the Will. In circumstances where there is no Will, i.e. where an intestacy is created, where there is a surviving spouse but no children, the spouse is entitled to the whole estate. In circumstances where there is a spouse with children, the spouse is entitled to take two-thirds of the estate and in circumstances where there is a spouse and grandchildren, or other remoter issue, the spouse is entitled to two-thirds of the estate."

Social Inequality

 * The Human Rights of people who are victims of sex trafficing do not have their rights protected the way that other people do.
 * People who are in same sex marriages are recognized as a couple however they do not have the same rights that couples of opposite sexes have.
 * Prisoners also do not have the same the rights as citizens. They are in overcrowded areas that are not physically acceptable for people to be living in.
 * Women in Ireland do not always have the right to have an abortion which they feel is wrong.

Human Rights

 * Irelands head of state is Michael D. Higgins and head of government is Enda Kenny.
 * In criminal law the right to silence was curtailed and assumptions are allowed to be made by whether or not a person remains silent when they are questioned by police.
 * Everyone in Ireland has the right to health especially when it comes to help with their mental health and the conditions of these facilities have to improve according to the countries latest report.
 * There is a large amount of inequality in Ireland to different groups of people in the country.

title: Comparative law and justice/Ireland


text:
Comparative law and justice/Jordan

Part of the Comparative law and justice Wikiversity Project

Basic Information

Estimated population(2009):

The People in Jordan

People in Jordan have a Jordanian Nationality. Jordan is predominanitely arab(98%), there is a very small group of Circassian and Armenian which is about 2% total. In the main city lives a mix of people. City life is completely different than the rural areas. Amman is split into Eastern Amman and Western Amman. Eastern Amman is the more conservative part of Amman. Western Amman is the more liberal side of the country.

Religion

The major religion is Islam, Jordan is about 92% Sunni Muslims, there are other religious groups.Christian make up 6% of Jordan, the majority are Greek Orthodox, but some are Roman Catholics, Syrian Orthodox, Armenian Orthodox and Protestant. There is a very small group of Shia Muslims and Druze which are about 2% of the population.

Language

Arabic is the first language used in Jordan. English is widely used and is the official second language. English is mostly spoken by upper and middle class people. French is also taught in some schools as a third language.

Economic Development (2008)
Jordan has a GDP (purchase Power) of $31.61 Billion GDP per capita (PPP) $5,100. Jordan is popular for exporting clothing, fertilizers, potash, phosphate mining and pharmaceuticals.Jordan also works on petroleum refining, cement, inorganic chemicals, light manufacturing,and is a great tourist attraction.Jordan relies on Saudi Arabia for the majority of their imports (20.3%). Jordan also imports machinery, transportation equipment, iron and cereals from China, Germany and the U.S. (2008). Jordan's currency is the Jordanian Dinar, the exchange rate of the Jordanian Dinar (JOD) is approximately 0.709 U.S dollar.

image:Petra Jordan BW 21.JPG|thumb|180px|right|Petra is a great tourist attraction in Jordan.]]

Health, and Education
The total infant mortality is 14.97 deaths/1,000 live births of this number 17.91 are males and 11.86 are females(2009). The life Expectancy in Jordan is 78.87 years old, males live to approximately 76 years old and females live up to 81 years old. Fertility rate in Jordan is 2.39 children born/woman (2009 est) ref>Central Intelligence Agency. 2009.

Brief History and Geography

The Hashemite Kingdom of Jordan is located in the Middle East. It is located in the northwest of Saudi Arabia. Jordan is bordered with Palestine, Syria, Lebanon, Iraq and Saudi Arabia. Jordan became a British protectorate in 1921, that was established as the Emirate of Transjordan following the dissolution of the Ottoman Empire in WWI. Jordan gained it's independence in 1946 and became the Hashemite Kingdom of Jordan in 1950. Jordan was governed by King Hussein (1953-1999). In 1967, Jordan lost the West Bank and Jordan renounced its claims to the West Bank in 1988. In 1989, King Hussein created parliamentary elections. Political parties were created in 1992. After a couple of years in 1994, King Hussein signed a peace treaty with Israel with the help of the United States to settle the Arab Israeli struggle. King Hussein died in 1999 and his son King Abdullah II, took over the monarchy. After the war on Iraq, Jordan took in thousands of Iraqis who had no place to go but Jordan.The parliament now has more women than ever (20% of parliament are reserved to women). King Abdallah is now focusing on the socioeconomics of the country, improving education and developing a better healthcare system.

Jordan's Legal System
Jordan has a mixed legal system based on civil law, Sharia Law (Islamic Law)and Customary law. On April 1928, the Constitution was created.In 1929, Jordan had its first election. In 1946, Jordan got her independence from Brittain, the king then adopted a new constitution in 1947. In 1952 the constitution was ratified by King Talal.

Jordanian Constitution

Administrative Divisions in Jordan consists of 12 governorates (muhafazat, singular - muhafazah); Ajlun, Al 'Aqabah, Al Balqa', Al Karak, Al Mafraq, 'Amman, At Tafilah, Az Zarqa', Irbid, Jarash, Ma'an, Madaba.

Executive Branch
Head of the State: King Abdallah II The king must be sane, male Muslim, the son of Muslim parents, and born of a lawful wife.The king has the most powerful position in the government he:appoints the prime minister, the president and members of the senate, judges and other senior government and military functionaries. the king is also the commander and cheif of the army, the king approves and promulgates the laws, declares war, concludes peace, and signs treaties (which in theory must be approved by the National Assembly).The king also convenes, opens, adjourns, suspends, or dissolves the legislature; he also orders, and may postpone, the holding of elections.The king has veto power that can be overridden only by a two-thirds vote of each house.The head of government is the Prime Minister Nader al-DAHABI and the Cabinet is appointed by the prime minister in consultation with the king.

Elections
The Monarch is not elected, he takes over the kingdom as a Royal succession by a male descent in the Hashimite Family. The oldest son gets to hold the throne after the death of his father. If the king dies without ever having a son his oldest brother has seniority. followed by the eldest son of the other brother according to their, again according to the oldest. "If their is no suitable direct heir, then the National Assembly select a successor from the descendants of the founder, King Hussein Bin Ali." There are no elections held for the Prime Minister, he is appointed by the monarch. In the late 1970's the Executive branch suspended parliament. The Executive took over the powers of the legislative branch. This lasted until 1984, this was called the ninth house of representatives. They ruled up until 1989. There were no party affiliations at this time.

Legislative Branch
Jordan has a Bicameral Legislature called the National Assembly (Majlis Al-Umma), it is composed of the House of Representatives (Majlis Al-Nuwwab)and the Senate (Majlis Al-Ayan). The king appoints the senate members, consisting of fifty-five members for a four year term. The House of Representatives had 80 seats prior to 2001, now it consists of 110 members, 6 seats reserved for women, 9 for Christians, 3 for Circassions and 9 for Jordanian Bedouins. All candidates have to be 30 years of age or older. Elections are not mandatory and any Jordanian citizen 18 years or older can vote. Voters out come in the 2003 election was 58%, which is very interesting.

Courts
Jordan has three court systems, Civil courts, Military courts, and religious courts. Civil courts contain the magistrate's courts,courts of first instance, major felonies courts, courts of appeal and the court of Cassation (Supreme Court). The Magistrate's courts deal with criminal cases. They also deal with civil suits that are not exceeding JD750, they usually have one judge. In Amman, the Capital there are 14 magistrates in other cities 2-3 magistrates each. The courts of first instance hear cases that fall outside the Magistrate's courts jurisdiction. They also hear all criminal appeal cases that have a prison sentence of 2-3 weeks as well as any civil suits that are exceeding JD750. The major felonies court hears cases that have a prison sentence over than three years. This court hears cases that deal with murder, manslaughter, rape and sexual assaults, there is only one court and is located in the major city Amman. Three judges preside appeals are made to the Court of Cassation. Courts of Appeal hear all the cases brought by the magistrate's courts and the courts of first instance, three judges preside over these courts. the court of Cassation has fifteen judges but normally five judges hear the cases. They deal with jurisdiction issues, it also hears cases that deal with habeas corpus petitions. Military Courts deal with any crimes that affect the national security of the country. The cases that are heard include drugs or weapon smuggling, Espionage and military personnel. Religious courts have jurisdiction over all family matters, marriage, divorce, adoption and custody. Jordan does not allow civil marriages, therefore they are not performed in civil courts. There are religious courts for Muslims based on Sharia'a Law (Islamic Law) and there are courts based on Christianity. There are several other courts Juvenile courts, police court, land settlement courts, income tax court, customs court and tribal courts. Jordan does not have a system that uses Judicial review. Since Jordan is a civil Law country, it has an Inquisitorial system. Inquisitorial system is different from our system in the U.S. Jury is not present in Inquisitorial systems. The judges are trained civil servants.The trial is to seek the truth, no competition. In this type of system, lawyers play a very passive role.The judge plays a very important role in this system.As a Muslim country, Judges in Jordan have studied Sharia in depth before becoming judges.

Punishment
Punishment in Jordan is used as a deterrence, to keep others from committing similar crimes. Severity of punishment will keep people from committing crimes. Jordan is one of many countries that use the death penalty for crimes such as murder or Espionage. Life prison sentences were imposed for felonies that are intended on negatively affecting the national security, homicide that results from beating or hitting someone, and serious forms of theft. Shorter imprisonment was prescribed for these same offenses if mitigating circumstances warranted. Terrorist activity and membership in terrorist organizations, counterfeiting, forgery of official documents, and abduction are also punishable by prison.very limited information Jordan also holds some show trials especially when it is a crime of treason or espionage. A person who committed Espionage or treason will be hung in the middle of the down-town.

Misdemeanors include,gambling in public places, bribery, perjury, simple forgery, slander, embezzlement, assault and battery, and disturbing the peace. There are some crimes that are made criminal because they violate Sharia, desertion of a child, abortion, marrying a girl under the age of sixteen, openly ridiculing the Prophet Muhammad (PBU), and breaking the fast of Ramadan. Most non-criminal acts are fined. A person who has committed a crime will have a record for six years then he/she is allowed to have his record expunged.

Jordan has three prisons, two of which have been shut down, the main prison in Juwaidah holds about 5,448 prisoners as of 2002. (very limited information)

Law Enforcement, Crime Rates and Public Opinion
Police in Jordan is run by the army. The head of the police is the army general. Jordanian police is Proactive they are all over the streets looking for trouble. People are trained in AL-Zarqa Police Academy, no specific time is provided, but in neighboring countries it is 3 months. Jordan has a Centralized police structure, one national police force, enforces the laws. (i had a very hard time finding information on police in Jordan Crime rates are very low in Jordan in comparison to other countries. In the table provided, there is a comparison between Jordan, U.S.A and Sweden. As seen in the table, Jordan has a substantially lower crime rate than both the U.S and Sweden. Some crimes maybe under reported, but this is a substantial difference.As a person that has lived in Jordan for many years assert that Jordan has a very low crime rate. The reason behind this is predominantly the people's religious views, also the culture which emphasizes social bonds; therefore the low crime rates.

 Number of Crimes Per 100,000 Citizens

The death penalty is highly supported in Jordan in Murder cases, treason and Espionage. Some people, especially people in the rural areas support honor killings. People in Jordan do not have a lot of faith in the police, there is a popular saying "the countries defenders are the countries thieves".

Family Law
Based on Sharia Law (Islamic Law)the right age for marriage is when the male and female hit puberty. since everyone reaches puberty at different age Jordan adopted a set age for marriage. The Legal marital age is fifteen for females, and sixteen for males, but must have parental consent. Anyone under the age of 18 must get parental permission for marriage. Polygamy is allowed in Jordan, but there are some restrictions. The man must provide separate houses for each wife. He must treat all the wives equally. He must have no more than four wives and must declare his marital status. Judicial divorce is allowed from either side, man or woman. A woman gets child custody until puberty. Inheritance laws are based on Sharia'a Law, Males get twice as much as the females. (males are the care takers therefore they get more). The male is the head of the household. Women have rights in Jordan just like any other man legally, but things are different in practice. Women have the right to vote. Jordan is the first country in the middle east to allow women in the police force and in the army.

Human Rights and Social Inequality
Jordan is part of many human rights programs including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. but Jordan does not follow any of them. Freedom of Speech, association and Expression is also limited in Jordan, especially political speech. People can suffer a lot if they make any kind of critic towards the monarchy or public political figures.

In practice Jordan has specific discrimination, Jordanians are treated differently than non-Jordanians. Jordanians get specific treatments, for example, Jordanian high school graduates go to public universities even if they score really bad on their final exams whereas others have to do real well to be able to go to public colleges. This may not be in the Laws but it is done in practice. There are obvious class struggles in Jordan, poor, middle and upper class. There is a huge gap, the middle class is really small. the majority of the country is the lower class who live in really bad poverty. This is very clear from the way of life in Jordan. when it comes to discrimination, there is a great deal of discrimination from the Jordanian descendants towards palestinian descendants, even though they all carry the Jordanian citizenship they are not all treated equally.

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title: Comparative law and justice/Jordan


text:
Comparative law and justice/Saudi Arabia

Part of the Comparative Law and Justice Wikiversity Project for Rhode Island College.

The Kingdom of Saudi Arabia (Arabic: المملكة العربية السعودية, ) is a monarchical state which practices Shari'ah theocratic law. Saudi Arabia is populated mostly by Arab people who practice the Sunni branch of the Islamic faith. Its economy relies mostly upon the country's petroleum industry, which the state directly protects and controls. Founded by Abdul Aziz Al-Saud in 1932, Saudi Arabia has grown into one of the Middle East's most influential states due to its thriving economy and propagation of a conservative religiopolitical ideology.

Brief History

The modern state of Saudi Arabia - as opposed to the First Saudi State which existed between 1744 and 1818 as a semi-religious revolt against Ottoman rule in the region, or the Second Saudi State which existed between 1824 and 1891 as a continuation of the first revolt by the royal House of Saud - began in the early 1900's. Abdul Aziz Al-Saud, also known as Ibn Saud, was a Bedouin Arab and resident of the interior city of Riyadh. Ibn Saud had been forced into exile from the Najdi region to Kuwait by the House of Rashid, a dynastic faction opposed to his own Saudi power bloc. Ibn Saud opted to use the state stipends he garnered as a noble from the Ottoman Empire to hire and fund nomadic forces; with these, Ibn Saud raided and assaulted the Najd region from his base in exile. In 1902, he launched an attack upon his family's former seat at Riyadh and recaptured the city with less than two dozen men.

Saudi expansion after the recapture of Riyadh was rapid. Within the next two years, the House of Saud had recaptured much of the lands they had formerly administered up to and including Najd, a region controlled by the Rashidi. The Ottoman Empire opted to support Ibn Rashid, the leader of the House of Rashid, in militarily rebounding advancing Saudi forces; this ended shortly, as the Turks left the region to focus on growing instability in the rest of the Empire. By 1912, Abdul Aziz Al-Saud had gained much territory from the House of Rashid and had begun to move against the Hashemite Sharifate of Hedjaz, a British protectorate which held authority over the regional centers of Mecca and Medina.

The two-front war faced by the burgeoning Saudi did not seem to slow down Ibn Saud, who continued to gain territory by the month. After gaining British favor for his own forces, the House of Saud officially collapsed the Al-Rashidi Dynasty in 1922; by 1925, Ibn Saud had captured the Hedjaz after the Battle of Jiddah. After several diplomatic agreements with Britain, Ibn Saud managed to unite the Arabs of the region and in 1932, proclaimed his state of "Saudi Arabia" and himself King of Saudi Arabia and Custodian of the Two Holy Mosques.

Geographic Information
This nation is the largest state on the Arabian Peninsula at 2,149,690 square kilometers in size and it possesses the twenty-first largest amount of territory held by any nation on Earth. As it is part of the Arabian Peninsula (Jazīrat Al-ʿArab, "Island of the Arabs") - a landmass at the juncture between the continents of Africa and Asia, and central to the geopolitical Middle East region - it is considered a part of Southwestern Asia by contemporary geographers. Its generally undefined and porous boundaries border the United Arab Emirates to the slight northeast, Oman to the direct east, Yemen to the south and southwest, Jordan to the northwest as well as Iraq and Kuwait to the northeast. Saudi Arabia also borders the Red Sea to its west and the Persian Gulf to its northeast.

Due to its positioning in a subtropical territory, the climate of Saudi Arabia can be described as one of extreme heat. The coastal cities of Jiddah, Qizan and Al-Jubayl are cooler due to their proximity to the Red Sea and Persian Gulf, respectively, and experience temperatures of about 100 degrees Fahrenheit; in some cases, weather phenomenons such as monsoons are experienced on the coast as a result of climate interaction with the Indian Ocean. In the country's interior, rainfall is less common than on the coast and the average temperature is approximately 110 degrees Fahrenheit, though they can commonly rise to 130 degrees Fahrenheit during the summer months.

Some of Saudi Arabia's more notable geographical landmarks are it deserts. These bodies of land are also referred to as ergs, the Arabic term meaning "dune fields" or "sea of dunes"; they possess larger sand dunes than other geographical regions and virtually no vegetation. The Syrian Desert, which spreads across Syria, Iraq and Jordan also reaches into in the northernmost region of Saudi Arabia near the city of Al-Jawf. An-Nafud, an erg desert, spreads across the width of Saudi Arabia below the Syrian Desert. The country's interior desert, the Ad-Dahna Desert, connects the An-Nafud to the Arabian Peninsula's largest desert and one of the largest deserts in the world: the Rub' Al-Khali (Arabic for the "Empty Quarter").

Saudi Arabia's largest cities include the capital city of Riyadh with an urban area population of 3,627,700 residents, the coastal center of Jiddah which possesses an urban population of 2,674,000 residents, Ad-Dammam with an urban population of 1,549,200 residents, the nation's religious center of Mecca at 1,541,800 residents and the historic Arabian center of Medina with 818,800 residents.

Based mostly around former oasis camps, Saudi Arabia's population is spread out drastically between population centers; in 2005, there were approximately 12 people per square kilometer in Saudi Arabia.

Politics and Government

Saudi Arabia's government is best described as an absolute monarchy. It is currently led by Abdullah bin Abdul Aziz Al-Saud, King of Saudi Arabia and Custodian of the Two Holy Mosques; he acts as both head of government as well as head of state. The Saudi family, as headed by whoever is the leader at that time has full control over all government apparatuses and may act unchallenged by any other authority in the state. The authority of the government lies within several spheres: the opinions of the Saudi family as well as the ulama - Islamic scholars and officials - are starkly important for the current monarch, as the family and its religious supporters has proven able to remove those they feel unsuitable for rule from power. Saud bin Abdul Aziz, the second monarch in Saudi Arabia's history, is an example of this: he was forced out of his position due to his perceived inability to rule when opposed by the pan-Arabism of Egypt's Gamal Abdel Nasser In terms of the ulama's authority, the Qur'an is the declared constitution of Saudi Arabia - a factor not only displays the source of Saudi Arabia's legal system but also gives those who support it and execute it a large amount of political power due to their knowledge of Islamic law. In 1992, the monarchy made attempts at forming a Saudi legal code to work alongside the Qur'an, formalizing it as the nizam or "lead code" of the state. It disallowed arbitrary arrests and basic government abuses but did not guarantee the rights of Saudi subjects to personal freedoms or political participation.

In Saudi Arabia, officials are appointed by members of the royal family and are usually also aristocrats themselves. Just below the monarch is the Royal Diwan, the kingdom's top executive office which concerns itself with matters of state including the regulation of Saudi politics, foreign relations and Islamic law; government departments including all wings devoted to Islamic propagation and religious doctrine reside within the Royal Diwan, as do the top officials within the "Committee for the Propagation of Virtue and Prevention of Vice", Saudi Arabia's religious police force. The Council of Ministers (founded in 1953) functions as a form of bureaucratic cabinet for the King and contains several executive-appoint offices such as Prime Minister, two Deputy Prime Ministers, two Ministers of State and twenty general Ministers. Below the Council of Ministers is the Civil Service and Independent Agencies Board, which is responsible overlooking the state-owned economic companies such as Saudi AramCo as well as civil service projects concerning infrastructure and resources.

Local government consists of fourteen geographically distributed provinces ("emirates"), each with a governor ("emir") who answers to the Minister of the Interior and is appointed by the sovereign. Town mayors, deputy emirs and other local officials are all ultimately appointed by the emir or an executive official. The districts resided over by the emirs include:

 * Al-Bahah
 * Al-Hudud Ash-Shamaliyah
 * Al-Jawf
 * Al-Madinah
 * Al-Qasim
 * Al-Qurayyat
 * Ar-Riyadh
 * Ash-Sharqiyah
 * Asir
 * Hail
 * Jizan
 * Makkah
 * Najran
 * Tabuk

Elections are largely nonexistent throughout the kingdom's history, although local municipal elections were in 2005 - over 50 years since the prior elections - with male citizens over the age of 21 eligible to vote. The 2009 elections, promised by the state as a move toward recognizing not only calls for political reform but also for the participation of women in Saudi politics, were canceled without explanation. It is also worth noting that political parties are completely banned in Saudi Arabia.

The Saudi family - which amounts to approximately twenty thousand people retains true power within the government, and tend to actually populate all government positions from the Council of Ministers down to the various emirates which make up the country's districts. Political alliances between family members and sub-clans are common and ensure the political clout of prominent statesmen such as King Abdullah.

Population Characteristics
The total population of Saudi Arabia stands at approximately 28,686,633 in a July 2009 estimate. This statistic includes the over five million residents who are not formal citizens of the country while still residing there. Over a third (38%) of Saudi Arabia's population is the under the age of fourteen years, while the rest of the population (52%) range from fifteen years of age and higher with the country's median age at about twenty-two years.

Saudi Arabia's gender ratio prefers males: there are 1.05 males to females at birth, 1.04 males to females under the age of fourteen, almost 1.30 males aged fifteen to sixty-four to females aged the same and 1.06 males to females above the age of sixty five. Infant mortality rates stand, by a 2009 estimate, at 13.15 deaths for every 1,000 male births and 9.91 deaths for every 1,000 female births; life expectancies average at 76.3 years but stand at 74.23 years for males and 78.48 for females, putting Saudi Arabia in the sixty-ninth spot on the list of highest life expectancies.

Most (82%) of Saudi Arabia's residents - and more (2.5%) every year - can be found in urban areas due to the harshness of the outlying territory and the potential for economic prosperity within urban areas such as Riyadh and Jiddah.

Literacy and education of Saudi residents are a growing focus of the Saudi government, which is attempting to bolster these qualities in order to assist in the transformation of its economy. 78.8% of the total Saudi population is literate by the state's definition with a notable gap in literacy between the genders (84.7% males versus 70.8% females) in accordance with a 2003 study.

Ethnic Information

Saudi Arabia's major ethnic group (approx. 87% of the population) are the Saudi Arabs, a Semitic people who have lived in region for thousands of years. This group is divided into several different strands within Saudi Arabia. The two major groups are the modernized urban Arabs and those with Bedouin - nomadic or otherwise pastoral - cultural roots, including those of western Saudi Arabia in the Hedjaz historic region.

Not included within these two groups are immigrants from other ethnic Arab countries or territories with separate cultural identities such as Egyptians Arabs, Palestinian Arabs, Lebanese Arabs, Yemeni Arabs (Mahra), Omani Arabs (Shahara) and Syrian Arabs. Non-Arabic peoples, too, populate Saudi Arabia: Persians (0.7%), Africans (1.6%) and Asians (9.6%) as well as Europeans (0.3%) and Americans (0.2%) make up notable minorities in Saudi Arabia. Many of these minorities migrated to Saudi Arabia in a search for employment and occupy the position of 'foreign worker' to the Saudi state due to their inability to gain citizenship.

Linguistic Information

Arabic is by far the most popularly used language in Saudi Arabia. Arabic has been formally name Saudi Arabia's official language and is used on all official documents and correspondences. Within this lingual framework, Najdi Arabic (approx. eight million speakers) and Hedjazi Arabic (approx. six million speakers) are the two most spoken forms of Arabic in the country with Gulf Arabic trailing far behind.

Beyond Arabic, languages such as Tagalog (3.8%), Urdu (2.2%) and several languages from the Indian sub-continent (0.7%) make up the largest non-Semitic percentages.

Religious Demographics
The most prominent religion in Saudi Arabia is Islam (approx. 90%-99%), specifically of the more mainstream and globally accepted Sunni branch (approx. 76%). Many Sunni Muslims in Saudi Arabia follow the state-supported Hanbali school of Islamic jurisprudence - the most conservative school of Islamic legal interpretation. Sunni Islam is the state's official religion and courts revolving around Shari'ah (Islamic legal doctrine) are the nation's main legal system. In the past, the state has sponsored a particularly conservative interpretation of Islam referred to as Wahhabism, an ideology best described as a strand of the Islamic ideology of Salafism, which stresses the purity of the first few generations of Muslims as led by Muhammad. Wahhabism emphasizes the emulation of such individuals due to their personal righteousness and unfaltering support of Islam, maintaining that a conservative interpretation of the Qur'an (Islamic holy text) and the Hadith (recorded statements of Muhammad) will lead to a similar religious purity. These conservative beliefs have roots with the initial rise of the House of Saud during the First Saudi State as they were originally the ideas of Muhammad ibn Abd-Al-Wahhab, a Nejdi Islamic scholar of the 1700's who allied with the Saudi Dynasty during their early days of nomadism. A distinct Wahhabi belief is a denouncing of bid'ah (Arabic for "innovation"), acts which are not distinctly mentioned in either the Qur'an or the Hadith; such practices include Sufism, a regionally-varying Islamic folk movement based on Islamic mysticism and the importance of spiritual leaders or saints.

There also exists a nominal (15%) percentage of Shi'ah Muslims - a religious group focused largely around Iraq, Iran and Pakistan - who face marginalization and harassment by the conservative Sunni authorities of Saudi Arabia. This harassment is due to the Saudi association of Shi'ah Islam - a belief system which differs theologically and historically from their own - with foreign powers such as Iran, a regionally powerful state which has been considered a religious counterweight or rival to Saudi Arabia's promotion of conservative Sunni Islam due to their funding of revolutionary Shi'ah Islam.

Non-Islamic faith denominations which make up slightly notable religious minorities in Saudi Arabia include Christianity (3.5%), Hinduism (0.6%) and Baha'i (approx. 1%). However, the public declaration or practicing of faiths that are non-Islamic is banned by Saudi theocratic law and, in some cases, non-Muslims who challenge this ruling have been forced to publicly convert to Islam or face state punishment.

Persecution of religious minority groups in Saudi Arabia is fairly common. Religious authorities known as the mutawi'iyn (Arabic for "subjugated people") enforce the state religious doctrine and have been known to target non-Muslims minorities including Christians in their work. Religious segregation is commonplace in Saudi Arabia, as non-Muslims are not allowed within the urban boundaries of Mecca and Medina due to their positions as holy cities within the Islamic faith. Non-Muslims attempting to enter either locale can be either fined or deported, depending on the conditions. In the past, followers of Judaism have actually been banned from entering the country altogether although this statute has been largely unenforced.

Economic Development
Saudi Arabia's Gross Domestic Product (GDP) is approximately $576.5 billion (US) dollars according to a 2008 estimate, placing it as twenty-third in the listing of the world's highest GDP; per capita, Saudi Arabia's GDP is about $20,500 (US) dollars which places it as the one hundred and second highest per capita GDP nation.

Saudi Arabia is the world's largest exporter of petroleum, as the country holds over 20% of the world's oil reserves; the economy revolves around this industry and the government exerts a strong regulatory hand over the industry. Petroleum is thus the country's largest export - responsible for 80% of the state's annual income and 45% of its total GDP - and dominates the general Saudi Arabian export market. In order to stabilize their economy, the Saudi government has begun promoting its private sector as a means of balancing out the impact of the oil industry; thus, fields such as service sector and telecommunications are beginning to grow and assist in the lessening of Saudi Arabia's high unemployment. Saudi Arabia's recent participation in the Word Trade Organization has been seen as an attempt to further expand the country's emerging fields of business.

To facilitate the growth of these new industries, Saudi Arabia is constructing what will be six new "economic cities" in various places across the country as hubs for new business and trade. Foreign workers from nations such as Turkey, India and China have been working for several years on the restructuring of the city of Rabigh for increased economic input; although based currently on oil production, the city is being planned with the production of raw materials for export in order to increase the potential for Saudi Arabia to become an "economic powerhouse".

A unique aspect of Saudi Arabia's economy is its role as a focal point of religious pilgrimage. In accordance with Islam, millions of Muslims make the Hajj pilgrimage to the holy cities of Mecca and Medina in accordance with Islamic tradition every year. The Hajj is one of the "Pillars of Islam" - important religious rules which support the faith - and is largely thought to be required by every Muslim as long as they are able to accomplish the trip. As the largest annual pilgrimage in the world, the Hajj naturally has a notable impact upon Mecca's tourism and service economies. In preparation for the event - which usually occurs sometime between October and January - the Saudi government devotes billions of dollars to yearly infrastructure, medical services and public safety to ensure the stability of the event and the safety of both its participants and the residents of the two involved cities.

Legal System and Courts
Saudi Arabia's legal system is based largely on Shari'ah theocratic doctrine, a body of law which emerged during the Rashidun Caliphate of the mid-seventh century. It adapted over time to fit more contemporary issues, technologies and social constructs but remains a generally conservative body of law which promotes strict adherence to Islam over all other practices. The state promotes a legal opinion based in the Islamic jurisprudential school known as the Hanbali fiqh. Hanbali is largely regarded as the most conservative school of Islamic legal interpretation and its interpretation of Islamic law is regarded as possessing harsher punishments than other schools of jurisprudence.

As Saudi law relies heavily on Shari'ah, it is thus a substantive legal system due to its position as a statutory, written doctrine which defines the role of the state as well as the rights (to a point) of the people. Saudi legal cases do not fit the textbook definitions of adversarial or inquisitorial - they function within the specific realm of Islamic law and all cases are judged under the established Hanbali precedents as assisted by Islamic scholars referred to as the ulama However, Reichel also makes the comment that Saudi Arabia leans toward inquisitorial in its legal methods even within its Islamic legal framework.

The primary actors in the court are the qadis - religiously-trained judges versed in Shari'ah - as well as the prosecuted and those who defend them such as lawyers (who are also usually trained in Islamic law). Juries have no role in Saudi courts, as the decisions are passed down by an Islamic judge with few outside sources impacting the legal conclusion of the case. In Saudi Arabia, the courts are not an independent entity but exist within the political realm of Saudi Arabia - its officials actively participate in Saudi court politics. While the courts are officially headed by the Minister of Justice, who looks over the more than three hundred Shari'ah courts in Saudi Arabia and is a representative of the nation's highest-educated ulama or religious scholars, administrative roles are also filled in by the Minister of Justice-appointed Supreme Judicial Council, an organization whose members work as supervisors to major cases and must be addressed and personally referenced in order to follow up on court decisions which assign capital punishment or corporal punishment as a result. Below these legal supervisors are the qadis themselves, individuals who are selected from the highest-educated religious scholars in Saudi Arabia by the Ministry of Justice ; these people act as the judges for cases which go through regional courts. In serious cases, particularly those which may result in the assigning of corporal punishment or capital punishment - such as murder, rape or elevated levels of theft - may be overseen by as many as three qadis at once.

Non-Sunni Muslims in Saudi Arabia occupy a unique position within the Saudi legal format. While Shi'ah Muslims are allowed to use their own religious rules to determine non-criminal cases - albeit as interpreted by Saudi judges - foreign residents and non-Muslims must still bring their case up before the qadi-headed Shari'ah court ;. Outside of seldomly-used secular tribunals, there is no other form of legal recourse for non-Sunni Muslims in Saudi Arabia.

Appeals in Saudi Arabia are not addressed by the senior judges of the Supreme Judicial Council. They are moved to a separate court of appeals which determines the possibility and validity of all appeals. The King's decree is the highest form of appeal within the Kingdom, and the sovereign has been called upon by foreign organizations to utilize this privilege in bettering the image of Saudi Arabia in pertinence to its use of corporal punishment and capital punishment.

Secular courts do exist in Saudi Arabia but fulfill specialized roles. Establishable only by the royal decree of the reigning monarch, these non-Shari'ah courts deal with cases relating to motor vehicles and government grievances. In addition, internal ministries may have their own courts appointed: the Ministry of the Interior possesses its own courts in dealing with legal issues pertaining to their police forces, and labor disputes are brought before the courts of the Ministry of Labor and Social Affairs. These special tribunals have begun to gain new prominence as of October 2009, as the Saudi courts have vowed to move in a more secular direction as a means of better accommodating foreign commercial involvement in the Kingdom's affairs and for the purpose of streamlining the Saudi legal process.

The effectiveness of judicial review in Saudi Arabia is not up to par with the standards of the Human Rights Watch, which claims that the country has submitted prisoners to reeducation programs and have denied rights to free trials in the first place as opposed to submit to the concept of judicial review Government agencies have actually moved to block judicial review from occurring despite reforms promoted by the current monarch to move in such a direction, making the review process difficult to initiate.

It is interesting to note that the courts are regarded as, despite being political, one of the few aspects of Saudi society and government that is not dominated by the personal politics of the House of Saud.

Citizenship and Family Law
Saudi citizenship is granted on a strict basis; it is required for any person to remain a contender in legal cases pertaining to inheritance, marriage and other family law issues. Those who are born in Saudi Arabia and those who have lived there as registered residents are able to acquire citizenship if they can prove membership in a local Islamic community, and sponsors are also required in gaining citizenship. Those who gain citizenship, however, are often subjected to ridicule due to their immigrant status and are sometimes labeled 'counterfeit Saudis'. Women can obtain citizenship and foreign women who marry Saudi men often consider it a boon, as they are not otherwise in legal control of their residency and can be deported at the request of their husbands.

Family law in Saudi Arabia is based around traditional regional tribal custom. Families are strongly patrilineal and the roles of women within society and family decision making is markedly low due to both cultural gender conservatism and the strict Islamic statutes under which Saudi Arabia operates. Marriage laws are secular, as opposed to sacramental as they are in other Islamic countries; dowries are still a common practice in Saudi Arabia as well, amounting to large amounts of money. Children of Saudi couples are largely considered the effective property of the father with the mother possessing little or no influence over their behavior or lives. According to Quranic and Saudi law, men are permitted to marry up to four women as long as they are financially able to support their entire family and this does occur in Saudi Arabia. Divorce is a decision executable only by Saudi men - and thus an issue which may result in a change of the initial dowry - and may result in the legal separation of Saudi mothers from their children in pertinence to inheritance and other court matters.

The state has actively taken steps to prevent its own citizens from marrying foreigners and bringing outside elements into the country, leading to criticism from the press on the subject of the possibility that the banning of marriage to foreign individuals could lead to punishment of some sort for those Saudis who engage in it. Recent controversy and international questioning over the legitimacy of Saudi marriage and family laws, mostly based around the question of the minimum age of a bride in state-sanctioned marriages, have led to Saudi Arabia's promise to reform marriage and family law.

Saudi inheritance laws revolve around Shari'ah law with some secular twists. Generally speaking, non-Muslims may not inherit from Muslims in Saudi Arabia and the legitimacy of wills and inheritance must be determined by religious court officials. In a recent event, gender roles have been taken into consideration by Saudi courts: a transsexual Saudi won a legal case in defending his given inheritance from his siblings, who demanded that his inheritance be dropped by 50% due to his behavior. The court disagreed, stating that the inheritance had been granted before the man's gender switch and closed the case.

Law Enforcement

According to Philip Reichel's Comparative Criminal Justice Systems: A Topical Approach, Saudi Arabia's police structure is representative of the text's "centralized single police force" as there exists one police force, run with an emphasis on state as opposed to local influence, which is applied to all acts of law enforcement within the state.

It is important to note the relationship between the Saudi police and military forces. As both are branches of the same state apparatus - the Armed Forces of Saudi Arabia, although to different Ministries (the Ministry of the Interior and the Ministry of Defense, respectively) - the two forces have been known to work hand-in-hand in dealing with both criminal activity as well as population control. Thus, the military and police work to compliment one another in dealing with problems faced by the state.

The structure of Saudi Arabia's police force has one dominant branch with two smaller yet important offshoots. Saudi Arabia's main policing force, the Public Security Forces, was brought about in its modern form in the 1960's, after heavy reform in the direct away from its initial existence as a tribally-influenced militia system. This structure works primary as a reactive entity, pursuing criminals and dealing with the results of crime. A smaller branch, the Investigative Police Force, works in a similar manner but uses elements of espionage in its practice. This has resulted in it being labeled a "secret" or state undercover police force by some sources. The third division in the Saudi Arabian police force is the Commission for the Promotion of Virtue and and the Prevention of Vice - Saudi Arabia's religious and moral police force - as staffed by the mutawi'iyn, officers trained in conservative Islamic legal precedents and law enforcement. As the Saudi state was founded on religious ideals and the Kingdom maintains the Qur'an as its constitution, Islamic legal figures prominently into how the nation functions on a day to day basis and the mutawi'iyn are extensions of this. Although they hold staunchly high authority over other branches of law enforcement, the Saudi religious police have had their powers curtailed slightly over the last decade as a result of international pressure stemming from harshly-regarded legal decisions.

Human Rights
Nominally, human rights in Saudi Arabia are protected by the kingdom's legal adherence to Shari'ah law. Generally speaking, human rights in Saudi Arabia are considered destitute and nearly nonexistant: the Center for Democracy & Human Rights in Saudi Arabia states that the kingdom's discriminatory practices cause great difficulty for females, non-Muslim religious minorities and any dissenters to Saudi authority. Human Rights Watch reports that Saudi Arabia actively persecutes its Shi'ah religious minorities, including arrests of religious leaders and repeated police closures of Shi'ah mosques.

Domestic workers are also subject to discrimination and abuse by their employers and although Saudi Arabia has taken steps to alleviate their conditions, their efforts rest far below the expected global standard. Human Rights Watch also reports that Saudi Arabia has committed numerous acts against their own citizens, in violation of international law, in order to further the state's counter-terrorism message.

As a result of the state's conservative interpretation of Islamic law, standards toward women and homosexuals are very strict - women are actively discriminated against in public and government settings while homosexuals are, if discovered guilty of their sexual preference in Shari'ah court, executed. The state claims to be making strides toward bridging the gender gap through traditional values, citing the high number of women in Saudi educational institutions. The government refused to respond to the impact that the legal inability of women to drive or vote in local elections may have on this process. In addition, promises by the Saudi government to decrease the number of incidents in which a woman requires a man's permission to engage in an activity - including both surgery and local travel - have not been addressed in a timely manner.

Although Islamic law provides a standard for basic social equality and gender equality as stated with the Quran, Saudi Arabia does not regard this view as legitimate and thus does not profess it.

Criminal Statistics
Over the course of the last few years, crime "has risen dramatically in the Kingdom of Saudi Arabia, but continues to remain at levels below most major metropolitan areas in the United States". Typical crimes include assault - reported 13,864 times annually in comparison to the United States' annual reporting of 2,238,480 occurrences - as well as car theft (18,717 reports compared to the American report of 1,246,096), which occur with an insistence that has led to its reporting by the US Bureau of Consular Affairs as a crime of consistency against visitors to the Saudi state.

Key crimes such as homicide and general theft are moderate to low in comparison to other nations. Homicide is reported at a rate of 202 per year (approx. 0.004 per 1,000 people), placing Saudi Arabia as 28th out of 49 reporting nations. In 2002, theft represented 47% of the crime in Saudi Arabia while still remaining generally low in comparison to more metropolitan states; the US Bureau of Consular Affairs lists it as an incident experienced by a number of tourists or other visitors to Saudi Arabia.

Corruption stands as a moderate issue in Saudi Arabia. Transparency International's annual Corruption Perceptions Index ranked Saudi Arabia as 80 out of 180, placing it just below the midpoint of measured corruption. According to their 2009 measurement,corruption in Saudi Arabia does not have any particular focal point in the country - law enforcement is affected but is not extreme, nor is corruption in the private sector - in comparison to other states. Saudi Arabia's police have been known to detain travelers for lengthy amounts of time due to their participation in criminal cases, and in some incidents have retained any items taken from those detained for their own personal gain.

Rape is a complicated issue in Saudi Arabian crime statistics. Rape is reportedly low, at 59 reported cases per year. The low number of reported rapes may be due to the harsh sentences meted out by the state to rape victims, who are considered, by Saudi Arabia's interpretation of Shari'ah theocratic doctrine, as partially responsible for the conditions leading up to their own rape. In one case, a rape victim titled the "Girl of Qatif" was sentenced for a second time after voicing her displeasure with the treatment she received by Saudi courts; the punishment was doled out in lashes, per Saudi Arabia's Islamic legal interpretation, in addition to prison time. In addition, marital rape - an act largely unclassified as a crime in much of the world's countries - is an issue in Saudi Arabia, with 93% of polled women reporting such problems in a 2007 survey. For these reasons, rape may be reported at levels significantly less than they actually occur in Saudi Arabia.

Saudi Arabia is regarded as a hub for human trafficking within the Afro-Asian sphere. South Asians and Southeast Asians voluntarily move from their homes to Saudi Arabia looking for employment, while others from the same regions as well as the African continent and other Arab states are moved involuntarily to Saudi Arabia for participation in practices comparable to slavery, including sex slavery. According to the US Central Intelligence Agency, Saudi Arabia "does not fully comply with the minimum standards for the elimination of trafficking [of humans]", which greatly complicates its legal grounds due to a serious lack of reporting of the crime.

In addition to Saudi Arabia's lack of legal regard for human trafficking is the state's procedure in dealing with crimes committed by both illegal and foreign workers. The method in which the Saudi courts deal with crimes - particularly capital crimes - committed by foreign workers in Saudi Arabia has been regarded as overly harsh, resulting in foreign workers receiving much harsher penalties (including the death penalty in comparison to Saudi nationals.

Punishment and Prisons
Corporal and capital punishment are used in enforcing Saudi law. The Saudi death sentence can be applied to cases including smuggling, armed robbery, homicide, acts of adultery and rape. Apostasy from the state religion, Islam, is also a crime by Saudi standards and is punishable with the death sentence. While capital punishment is usually put to use through beheading by sword or in some cases stoning - done in a public setting, at Deera Square in the capital city of Riyadh - corporal punishments are issued with the use of a whip to inflict lashes upon the convicted criminal or criminals. Caning is also put to use as a punishment in Saudi Arabia for crimes including very mild forms of religious apostasy or misconduct and acts of "public misconduct".

Saudi Arabia's rate of use for the death penalty has amounted in much criticism for the kingdom. According to Hands Off Cain, Saudi Arabia put capital punishment to use in its various forms at least one hundred times in 2008. Saudi Arabia's policy policy of executing juvenile offenders is controversial, and places it among other states such as China and Iran which receive large amounts of international protest as a result of theur use of execution as a punishment against younger criminals.

In some cases, specific types of corporal punishments, including legal decisions which reflect Hammurabi's Law of "vengeful" physical harm such as the removal of a criminal's eye in return for his wounding of a person, are enforced by Saudi courts. The convicted, a migrant worker, had wounded a Saudi citizen in a 2003 fight; instead of receiving a monetary compensation as the court orders in some assault cases, the victim demanded that Shari'ah law be put to use and the migrant worker was convicted through it.

Saudi Arabia's prison systems have incurred many pleas for reform from international organizations. According to the Library of Congress, overcrowding and mistreatment are common in Saudi prisons - as up to 200 prisoners would be asigned to one room without any bedding - and malnourishment is constant due to underfeeding of prison residents. Medical treatment is not attended to properly, according to some prisoners, and the lack of activities for prisoners to spend time on has led to further criticism and shows a lack of focus on rehabilitation. Terance D. Miethe and Hong Lu reported Saudi Arabia's imprisonment rates as 45 persons out of 1,000 persons in 2005 - a number considered low by the authors in comparison to other Muslim nations such as Lebanon and Iran.

While the Library of Congress states that violence is low among the prison population, authorities have been known to engage in physical violence against male prisoners including foreign citizens; Ron Jones, a non-Saudi who was convicted of executing a car bombing in Riyadh, reported constant physical abuse in order to extract his confession. Allegations of torture have also risen from critics of the Saudi prison system: the Human Rights Watch issued a demand for reform upon the leak of a video which depicted Saudi prison guards effectively torturing and physically debilitating inmates.

While Saudi Arabia's apparent focus is on imprisonment as opposed to rehabilitation, special cases have been made for certain inmates. The kingdom's capture and convinction of al-Qaeda operatives led to its announcement that those specific criminals would be rehabilitated through a complex and well-developed program executed through the use of new prison facilities meant specifically for high-security prisoners.