Sewar Mahmoud Al-rashdan is one of Jordan’s few female judges. She recently visited the Hague to speak about her work but had to return to Jordan sooner than expected due to that country’s corona lock down. Sewar became a judge at just 28 years of age. Her polite manner and serene appearance belie a steely resolve and strength of character that she attributes to her mother. We spoke via skype about her commitment to empowering women in Jordan’s judiciary and how she reconciles Sharia law with women’s rights in her role as a judge.
‘I was raised in a legal house, where my father was a judge for 37 years’, Sewar tells me. She explains that it is common in Jordan for children to follow the careers of their father. Such was the case with Sewar and her siblings. She and her brother and sisters all studied law and went on to complete Masters degrees in this field. However, her family are perhaps less typical in their attitudes toward gender equality. ‘I was lucky’, Sewar admits. ‘My dad and my mother were both open-minded. They believed in equity and equality, so they never favoured my only brother over me and my sisters. We were all equal’. Sewar explains that she and her family are Muslims and describes her father as ‘very religious’ but also ‘open-minded’. She agrees that these attitudes had a great impact on who she is today, the principals in which she believes and what she stands for.
“‘My mother is my first supporter’ – Sewar Al-rashdan.”
Sewar recalls how her father used to speak to them of the difficulties faced by female judges with whom he worked. For example, many asked how a female judge was equipped to deal with dangerous criminals. He advised her to listen carefully to each complaint and try to respond with patience and humanity. In this way, respect is gradually gained. ‘That really affected my personal life and my daily work. I always try to treat people equally and this affects the society positively I think’ she says modestly. Nevertheless it was her mother who she describes as her ‘first supporter’. She didn’t study law, she was a school teacher. But her strong personality and ability to maintain a balance between work and family life, was an inspiration to Sewar. She describes her mother as ‘a powerful woman’ whose strength of character she has always admired, particularly working as a judge in a patriarchal society.
Men and women have equal opportunities to become a judge in Jordan, Sewar explains. Nevertheless, she agrees that some of the traditions in Jordan ‘really stand in the way of women’s rights’. For example, some women are forced into marriage by their relatives. While others have to hand over their share of the inheritance to their brothers or need their husband’s permission to work. The judge repeatedly draws a distinction between what she terms ‘traditional families’ and ‘open-minded families’. Attitudes towards women and their role in society differs across families. But Sewar tells me that she thinks the mentality of the Jordanian people is now changing and they are becoming more open-minded. The first female judge was assigned in Jordan in 1998. In 1999 there were just five female judges in the country. However almost 22% of judges in Jordan are now female.
‘I always planned to be a judge, like my father. It is my dream.’ – Sewar Al-rashdan
‘I always planned to be a judge, like my father. It is my dream’. Sewar Al-rashdan initially studied law in Jordan. She was then awarded a scholarship from the Ministry of Justice as part of a programme called Future Judges. Those with high grades were granted bursaries to study for a Master’s degree in law in the UK. In 2008, Sewar was one of just 12 Jordanian law graduates who obtained admission to study IP law at Brunel University, London.
Both Jordan and the UK are signatories to the same international conventions, including the Bern Convention and the Paris Convention which means their legal codes in this area of law are similar. However, as a Muslim country, the main source of Jordan’s legal codes is Sharia law. I asked Sewar if she felt that Shariah stands in the way of justice for women? She admits that there is still ‘a lot to do, but she is optimistic’. The judge believes that it is not Shariah itself that is the problem but rather the manner in which the legal texts are interpreted.
Sewar tells me of a case in which she was involved, and recalls very clearly. It involved a man and wife who had married and bought an apartment together. However after they divorced the man brought his new wife to live in the apartment in spite of the fact that his ex-wife was still living there and legally owned half of the property. The apartment had been divided in two with two kitchens, living rooms, offices. ‘It was entirely split, like two apartments in one’, explains Sewar. As a devout Muslim woman and observer of hijab, the situation was intolerable for the claimant who was forced to live with her husband and new wife under one roof. She finally won her case for the apartment to be sold and the revenue divided equally between the two of them.
‘As a female judge I have to support women’’ – Sewar Al-rashdan
During her eight years as a judge, Sewar tells me that she has faced many legal situations which made her realise the lack of legal awareness amongst women in her country. She saw many women whose brothers or male relatives wanted to kick them out of the house and take their money because these women were not fully aware of their property rights. ‘As a female judge I have to support women.’ Sewar tells the story of Fatima, a woman in her mid-fifties, whose case she was responsible for but whose son was there in her place. Sewar insisted that Fatima, whose name was on the case file, come into the court room and exercise her right to justice as a Jordanian citizen. Sewar took time to put Fatima at her ease as she noticed that she was clearly uncomfortable and embarrassed to find herself in court.
Through her work, Sewar was inspired to study for another Master’s degree. This one in Women’s Studies at the University of Jordan (2019). As part of her course, she was required to design a practical project. This resulted in her plans for the creation of a gender unit within the Judicial Council. At the moment, nothing like this exists she explains. Sewar believes that it is important to establish such policies, programmes and mechanisms designed to enhance and promote gender equality within the judiciary.
The judge is still working on the finer points of her project before submission to the President of the Judicial Council. She is drawing on a research paper by the King of Jordan himself in the hope that this will add the necessary weight to her proposal which will be assessed by a group of 11 senior judges. ‘I’m not sure if all the judges will be convinced’, she admits in her typically modest way. ‘There is only one female member and all of them are over 65 years old.’ A lack of gender awareness is common amongst female judges too, Sewar tells me. ‘When I discuss gender equality with my female colleagues, the majority don’t understand or show little interest.’
‘If we have more women on the judicial council, the mentality will change’. – Sewar Al-rashdan
In spite of her modesty, it is clear that Sewar Al-rashdan is a woman who is not afraid of hard work, nor is she without ambition. She currently holds the position of Chair on a number of legal committees and is a member of the Arab Women’s Legal Network and of the International Association of Women Judges. She hopes one day to sit on the Judicial Council but tells me that currently it is a struggle for female judges to reach such leadership position. ‘Many of my colleagues and I are working hard to gain their trust and prove that women are able to make positive change in the judiciary. We need to make a change in our society’. But changing the mentality with regards to gender equality in Jordan is clearly something that is going to take time.
Sewar shares the story of one of her female colleagues. A fellow judge, who had a plaintiff come into her courtroom and ask where the judge was. When she explained that she was the judge the man became agitated and demanded a male judge. He did not want to leave his case file in her courtroom. Sewar explains that her colleague kept calm and dealt with the situation with patience and empathy because this man had been raised in a culture in which women are not judges. Looking forward, Jordan is planning to activate the Security Council decision 1325. This involves developing a national plan to empower women so that they may reach leadership positions. The national strategy for women for 2020 – 2025 aims to be compatible with sustainable development goals for 2030, particularly the 5th goal focusing on gender equality.
‘Our King is the one who gives us strength. He is very strong and kind at the same time.’ – Sewar Al-rashdan
Jordan’s ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), has helped to provide ‘more flexibility’ for women in Jordan, Sewar explains. Previously women could not travel or live by themselves Although small and not oil rich like some of its neighbours, Jordan is one of the few Middle Eastern success stories. It has, for example, recently welcomed thousands of Syrian refugees, providing them with shelter and livelihood.
‘I think the secret is our leadership’, Sewar tells me. ‘His Majesty, our King is the one who gives us strength. He is very strong and kind at the same time. Both the King and the Queen always support the Jordanian people, that’s why we all are strong, we support each other.’ Sewar’s own family continue to support her so that she can pursue her legal career. In the future, the judge hopes that, ‘Women will no longer stay in the shadows and their voices will be heard.’ Sewar Al-rashdan’s own story is certainly proof of this.
