AMMAN — Jordan’s Official Gazette has published Regulation No. 43 of 2026 on the use of electronic means in judicial proceedings before Sharia courts. The regulation will take effect 90 days after its publication.
Issued under the 1959 Sharia Courts Procedures Law, the regulation establishes a comprehensive legal framework for electronic litigation, the use of video communication in court proceedings, electronic notifications, and grants electronic documents and records the same legal validity as their paper counterparts.
The regulation aims to organize the use of electronic technologies in judicial procedures across the Office of the Chief Islamic Justice, the Sharia Judicial Council, Sharia courts of all levels and jurisdictions, the Sharia Public Prosecution, and family reconciliation, mediation, and counseling offices.
It affirms that judicial procedures conducted electronically, along with the associated data, information, and documents, carry the same legal effect and evidentiary value as those recognized under existing legislation. Electronic records are also granted the same legal standing as paper documents, while allowing the competent authority to request original documents when necessary to ensure fair trial standards.
The regulation authorizes the use of video communication in judicial proceedings, granting it the same legal effect as in-person attendance, provided the individual’s identity is verified through a digital ID, the communication is conducted a secure and approved electronic channel, properly documented and stored, and safeguards are in place to ensure the person’s free will.
It also regulates electronic judicial notifications, allowing them to be delivered through the government’s Sanad application or any future replacement, text messages sent to a verified mobile number, an approved email address, or any other electronic method adopted by the Sharia Judicial Council.
The regulation further permits notification through publication on the website of a local daily newspaper, provided an electronic copy of the notice is retained in the case file. It excludes inmates in correctional and rehabilitation centers who do not have legal representation from electronic notification procedures.
Notifications sent by email or text message take legal effect from the date they are sent, while notifications by publication become effective on the date of publication, provided the notice remains published for at least 10 consecutive days. Concerned parties retain the right to challenge the validity of a notification if it was issued in violation of the law or the regulation.
The regulation requires parties to monitor their own judicial proceedings, including adjournment decisions and hearing dates. Court procedures, decisions, and judgments become legally effective without the need for a new notification, except in cases involving oaths, formal notices, warnings, reconciliation sessions, and forgery challenges, where notification is required each time.
It also grants concerned parties the right to request that proceedings be transferred from electronic to in-person hearings. Any decision rejecting such a request must be reasoned. In addition, the regulation removes the requirement for parties to sign court records or decisions when electronic means are used and requires the Office of the Chief Islamic Justice to establish a database containing authorized information on lawyers and other relevant data necessary for implementing the regulation.
