Difference Between Custody (Ḥaḍāna) and Guardianship (Wilāyah) in Jordan

Jordanian law distinguishes custody (ḥaḍāna) from guardianship (wilāya): they are different rights that may coincide or be separate. Custody is the daily care of the child, including upbringing and protection, and Article 170 of the Personal Status Law makes the biological mother most entitled to it, then those after her in order.

Guardianship is the authority of oversight and decision-making in the minor's major affairs. Article 184 provides that the guardian has the right to oversee the child's affairs, upbringing, and education, and Article 223 provides that a minor's guardian is his father, then his trustee, then the true grandfather, then the court or whom it appoints. Guardianship concerns pivotal decisions such as education, travel, and funds.

Custody may therefore be with the mother while guardianship remains with the father; custody does not by itself confer guardianship authority, just as guardianship does not forfeit the custodian's right to daily care.

Assessing who holds custody and who holds guardianship remains within the Sharia Court's competence on the facts of each case.

This is a general explanation based on Jordanian Personal Status Law and does not replace advice from a qualified lawyer in a specific dispute.