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Wife Maintenance Owed After the Marriage Contract

The wife's maintenance owed in Jordan upon concluding the marriage contract, its scope, conditions, when it starts and when it may lapse

Based on official Jordanian law — Personal Status Law No. 15 of 2019
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  • Cites Personal Status Law No. 15 of 2019

Answer

Based on official Jordanian legal texts

A wife's maintenance under Jordanian law begins from the moment of the valid contract and what flows from it. Article 40 of the Personal Status Law confirms that the named dowry is owed to the wife upon the valid contract, and Article 59 establishes the husband's obligation to maintain his wife, covering food, clothing, housing, and medical care to the customary degree.

Article 60 provides that maintenance is owed to the wife by her husband even where their religion differs, and addresses the effect of her refusing, without lawful right, to move to the marital home. In principle, maintenance becomes complete when the wife moves to the marital home, or when she refuses for a lawful reason such as not having received the prompt dowry.

Maintenance is thus a right arising from the valid contract, tied to the marriage subsisting and to the absence of nushūz set out in Article 62.

Assessing when maintenance entitlement begins and its amount 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.

Frequently Asked Questions

When is the wife entitled to full maintenance?
She is entitled to maintenance since the valid contract, and it is full upon her move to the marital home. In legitimate refusal (non-payment of prompt mahr, no suitable housing, risks) maintenance continues fully.
What are the wife's legitimate refusal cases?
Non-payment of prompt mahr, no suitable housing (unequipped or unsafe), and risks to the wife (a violent husband, harmful family environment, safety threat).
What is the difference between marital and ʿidda maintenance?
Marital is continuous and full during marriage; ʿidda is post-divorce, bounded by the ʿidda period. The basis differs: marriage contract for the first, end of marriage for the second.

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