The Legal Effects of Abolishing Debtor’s Imprisonment in Jordanian Law

Abstract

This study examines the imprisonment of debtors in Jordanian law, exploring the nature and legal character of this procedure, and whether it constitutes an enforcement measure or a penal sanction. It also investigates the legal, economic, and social implications of its abolition, and the resulting impact on creditors' rights and debtors' freedoms. This topic is relatively new and has sparked debate and new challenges due to recent amendments to Jordanian law, specifically Amendment Law No. 32 of 2022, which clarifies the criteria for assessing a debtor's financial capacity and the investigative procedures prior to issuing an imprisonment order.

Adopting a descriptive–analytical approach, the study analyzed the relevant legal texts and judicial decisions. It concluded that abolishing the imprisonment of debtors creates a challenge in achieving a balance between safeguarding the rights of creditors and ensuring the personal liberty of debtors, which necessitates legislative reform consistent with international obligations. The study also identified three categories of debtors that require differentiated legal treatment and recommended the adoption of clear legislative provisions defining the conditions for imprisonment or its alternatives, the establishment of expedited judicial mechanisms for debt settlement, and the promotion of legal awareness and amicable solutions prior to resorting to the courts.