Amman, Feb. 3 (Petra) – Jordan’s modernized penal policy has successfully diverted 552 women over the past two years from serving custodial sentences.

By opting for alternative sanctions for first-time offenders, the judiciary has facilitated the preservation of family units and livelihoods, offering a restorative path that balances retributive justice with deterrence and social protection.

According to Ministry of Justice data monitored by the Jordan News Agency (Petra) over the last 665 days, Jordanian courts of relevant jurisdiction have issued alternative sentencing orders for 4,685 males and 552 females. These measures prevent the stigmatization associated with prison environments and grant non-recidivist offenders a chance to rectify their trajectory.

Under the Amended Penal Code of 2025, the judiciary is empowered to substitute custodial sentences – in all misdemeanor cases and felonies where the sentence does not exceed three years of temporary hard labor – with non-custodial alternatives, provided the offender is not a recidivist.

Article 25 (bis) stipulates that these alternatives must be based on a Social Inquiry Report and may include:
– Community Service: Unpaid labor for public benefit (minimum 50 hours, maximum 5 hours per day).
– Rehabilitation Programs: Targeted educational or behavioral reform.
– Electronic Monitoring: The use of "electronic tags" to restrict movement.
– Geographic Restrictions: Prohibiting access to specific areas or mandating partial or total house arrest.

Records from the Qistas judicial database highlight the flexibility of the sentencing judge. In one instance, a defendant facing a three-year term for assault was sentenced to community service at a mosque following the waiver of personal rights by the victim.

In another case, a young woman with a talent for art completed 55 hours of community service teaching children at a municipal center, fulfilling her obligation while contributing to the public good.

Minister of Justice, Bassam Talhouni, stated that this qualitative shift in criminal justice seeks to prevent the "contamination" of first-time offenders by high-risk, habitual criminals in correctional facilities. He noted that the policy also yields significant fiscal benefits by reducing the state’s expenditure on inmate maintenance.

The Directorate of Community Sanctions at the Ministry of Justice oversees the execution of these orders in coordination with 21 partner entities, including the Ministry of Health, the Ministry of Agriculture, and the Greater Amman Municipality.

The Sentence Execution Judge maintains continuous oversight, holding the authority to:

1. Verify compliance through periodic monitoring reports.
2. Modify the type or duration of the alternative sanction.
3. Revoke the alternative and reinstate the original custodial sentence in cases of willful non-compliance.

From a theological perspective, Mustafa Isifan, Professor of Jurisprudence, affirmed that these measures align with Sharia principles regarding Ta'zir (discretionary punishment), where the judge exercises authority to achieve the public interest (Maslaha) through reformative rather than purely punitive means.

//Petra// AA

03/02/2026 12:45:40