Jordan: Honour Was a Legal Defence for Murder Until Recently

Last updated: 5 October 2026

Photo: Jordan - Marc Veraart

For decades, Jordan's Penal Code gave killers a legal way to escape full punishment. If a man killed a female relative because of "honour," the law often gave him a much shorter sentence. The most famous example was Article 340. The country reformed Article 340 in 2017. But Article 98, another part of the law, still allows killers to get reduced sentences. The Jordan honour defence is not fully gone. Many women still die. Many killers still walk free after a short time in prison.[1]

This article explains how the Jordan honour defence worked, how reform changed the law, and why the system still fails women. It looks at the role of police, tribal mediation, and the courts. For asylum officers and expert witnesses, it explains why women fleeing Jordan often cannot find safety inside the country. The information is drawn from Human Rights Watch, Sisterhood Is Global Institute (SIGI Jordan), and academic research on Jordanian criminal law.

Background: Two Articles That Protected Killers

The Jordan honour defence comes from two main parts of the Jordanian Penal Code of 1960. They are Article 340 and Article 98. Both gave reduced sentences to people who killed female relatives in cases linked to so-called family honour.[2]

Article 340: Direct Exemption

Article 340 was the most clear example. The article said that a man who found his wife or female relative in adultery and killed her would receive a reduced sentence or be exempt from punishment. The law treated the killing as if it were partly justified. This rule had roots in older French law, which Jordan had borrowed from. France itself removed similar rules a long time ago. Jordan kept Article 340 for many decades.[3]

In practice, prosecutors used Article 340 to argue that the killer should not be tried for full murder. Judges often agreed. A man could kill a sister, daughter, or wife and walk out of court with only a few months in prison. Women's rights groups in Jordan have campaigned against this law since the 1990s. Princess Basma and other public figures spoke against the article. Still, parliament refused to change it for many years.

Article 98: The "Fit of Fury" Defence

Article 98 of the Penal Code allowed a reduced sentence for any person who committed a crime in a "fit of fury" caused by an "unrightful and dangerous act" of the victim. This article is not only about honour killings. But in practice, courts used it most often in honour cases. If a brother killed his sister because she had a boyfriend, the court could say the brother acted in a "fit of fury." His sentence could drop from 15 years to as little as 6 months.[4]

Article 98 has wider language than Article 340. It does not require the man to find the woman in the act. It is enough that he learned about her behaviour and felt rage. This made the article very useful for defence lawyers. They could argue that almost any honour killing was a "fit of fury."

The 2017 Reform: A Step, Not a Solution

In August 2017, the Jordanian parliament voted to remove Article 340 from the Penal Code. The reform was a victory for women's rights groups. They had worked for many years. The legal Jordan honour defence under Article 340 ended. But the reform did not touch Article 98. The "fit of fury" reduction stayed in the law.[5]

Parliament also amended Article 98 in 2017 to say that the reduction should not apply in cases of so-called honour. But the wording was weak. Courts still found ways to use Article 98 in honour killings. Some judges ruled that the new limit only applied if the family of the victim asked for full punishment. Many families do not ask. The killer is often a relative. The same family that lost the daughter is the family of the killer.[6]

Another article, Article 99, allows further reductions if the victim's family "drops" the case. In Jordanian law, family members of a murder victim can ask the court to forgive the killer. When the killer is a brother and the victim is a sister, the parents almost always forgive. The court then cuts the sentence in half.

Reported Honour Killings in Jordan

Honour killings in Jordan have stayed at a steady level over many years. Official statistics from the Jordanian Family Protection Department show between 15 and 25 cases per year. Women's rights groups believe the real number is higher, because some killings are recorded as suicide, accident, or general "domestic murder."[7]

The reform of Article 340 in 2017 did not lower the number of killings. Some years after the reform have shown higher numbers than before. Activists argue that without reforming Article 98 in real practice, the legal Jordan honour defence still protects killers. Without strong punishment, men have no fear of the law.

What the Law Said and What Changed

The table below summarises the main parts of the Jordan honour defence in the Penal Code. It shows how each article was used and how the 2017 reforms affected it.

Tribal Mediation: A Parallel System

Jordan has a strong tribal culture. About half of the population identifies with a tribe. Tribal customs have a real role in conflict resolution, especially outside the big cities. When a violent crime happens, tribal councils often step in before the police case ends. They organise meetings between the family of the killer and the family of the victim.[8]

"Atwa" and Reconciliation

The first step is called "atwa." It is a temporary truce. The family of the killer pays a small sum and promises not to harm the family of the victim. Then both sides start talks. The talks can last weeks or months. The end goal is "sulha," a final reconciliation. The family of the killer pays a larger sum, called "diya" (blood money), and the case is closed in tribal terms.[9]

In honour killing cases, tribal mediation often takes a different shape. The killer and the victim are from the same family. So the family does not need to make a "diya" payment to itself. Instead, mediation is used to convince the prosecutor and the judge that the case is "closed" inside the family. Judges then apply Article 99 and cut the sentence in half.

Women Returned to Families

Tribal mediation also affects women who run from violent families. If a woman flees her husband or brother, she may go to the police. Police often call her family or tribal leaders. The family promises not to harm her. The woman is sent home. In many cases, the promise is broken. Once she is back, the family can kill her or force her to marry a chosen man. There is no system of long-term anonymous shelter inside Jordan.[10]

Police Response: Honour or Domestic?

Jordanian police have a Family Protection Department. The department was set up to handle domestic violence. But honour killings are often classified differently. Police may record a killing as a "domestic dispute" or "personal accident." This affects the way the case goes to court. A "fit of fury" framing is easier when the case is recorded that way.[11]

Many women who report threats from their families do not get a serious response. Officers may ask the woman to forgive her relatives. They may call her father or brother to "settle" the matter. In some cases, officers warn her that pressing charges will bring shame on the family. The woman often feels she has no real option but to go home.

In a 2024 Human Rights Watch report on Jordan, researchers documented multiple cases where women had reported death threats from male relatives weeks before they were killed. Police records existed. No protective measures were taken. The killers were later given reduced sentences under Article 98.[12]

Notable Cases

The 2020 Ahlam Case

In July 2020, a woman named Ahlam was beaten to death by her father in front of her children in a public street near Amman. Witnesses recorded the attack on phones. The video spread on social media. Public outrage was strong. People marched in Amman. The phrase "she had no honour to kill" became a slogan online.[13]

The father was arrested and charged with murder. But during the trial, defence lawyers argued that Article 98 should apply. The court accepted the argument in part. The father received a sentence shorter than expected. The case became a symbol of the failure of the 2017 reform.

Other Cases

In 2022 and 2023, similar cases reached the public. A young woman in Zarqa was killed by her brother. He received about three years in prison after the family withdrew the complaint. A woman in the south was killed by her husband's brother for divorcing her husband. The man received a reduced sentence.[14]

Despite reform of Article 340, women in Jordan continue to face deadly violence within their families, and perpetrators continue to receive light sentences thanks to legal loopholes such as Article 98 and the family forgiveness provisions.
Human Rights Watch, World Report 2024: Jordan

Why Escape Inside Jordan Is Almost Impossible

For a woman who fears an honour killing, leaving her town is not enough. Jordan is a small country. Family and tribal networks reach across all twelve governorates. A woman who runs from Irbid in the north to Aqaba in the south will be found. The national ID system makes movement traceable. Mobile phone numbers are linked to ID. Renting a flat requires showing ID. There is no real way to disappear.[15]

Tribal communication is fast. A male relative can call cousins, uncles, and family friends in any city. Within hours, many people may be looking for the woman. Even if she finds work, her employer may receive a phone call asking about her. Some employers have given information to family members.

State shelters exist, but they are limited. The Ministry of Social Development runs a small number of shelters, but stays are short and conditions are basic. Many shelters work only with women who have a court referral. Some require approval from a male guardian to leave. Long-term, anonymous protection is not available inside the country. Women's rights groups have asked for change, but progress is slow.[16]

Implications for Asylum

For asylum decision-makers, the picture is clear. A woman who has fled Jordan because of an honour-related threat faces a real risk of harm if returned. The state cannot offer effective protection. The law, even after reform, gives reduced sentences to killers. Tribal mediation often returns women to their families. Police treat honour cases as private matters. Internal relocation is not safe. For more on the legal framework, see the asylum guide and country reports on Middle East cases.

Under the 1951 Refugee Convention, women in this situation can qualify as members of a particular social group (PSG). Several countries, including the UK, US, Canada, and Germany, have recognised PSG claims by Jordanian women. Strong evidence is essential. Expert reports on Jordanian law, tribal practice, and the gap between law and enforcement are often the difference between a grant and a refusal. The wider human rights context in Jordan supports such claims.

Conclusion

The Jordan honour defence used to be open and clear. Article 340 of the Penal Code told judges to give reduced sentences for the murder of female relatives caught in adultery. Article 98 told them to give reduced sentences for "fit of fury." In 2017, parliament removed Article 340. But Article 98 remained in practice. Article 99 still cuts sentences in half when the victim's family forgives.

The result is a country where women still die at the hands of relatives, killers still receive light sentences, and survivors find no real safe place inside the country. For asylum claims, this combination of legal weakness, police failure, and tribal pressure builds a strong case for international protection. The Jordan honour defence is not only a legal history. It is a current reality for many women.