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Lawful Marital Housing in Jordanian Law

Definition of lawful marital housing in Jordanian law, its conditions, who must provide it, the wife's right to refuse if absent, and the effect on maintenance

Based on official Jordanian law — Personal Status Law No. 15 of 2019
  • 254
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  • 7
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  • Cites Personal Status Law No. 15 of 2019

Answer

Based on official Jordanian legal texts

Lawful marital housing for a wife under Jordanian law is one of her rights against the husband. Article 73 of the Personal Status Law provides that the husband must house his wife in a residence where she is safe as to herself and her property and can attend to her religious and worldly interests. This falls within the concept of maintenance, which Article 59 describes housing as one of its items.

The aim is for the housing to be fitting, equipped with essentials, suited to the spouses' condition and the wife's standing, safe and appropriate. Article 74 addresses controls on the husband housing his family or relatives with the wife without her consent, and Article 75 on cohabiting with another wife, to protect the wife's privacy and comfort.

The wife may refuse to move to housing that is unsuitable or that lacks the conditions of lawful housing, while keeping her right to maintenance, because her refusal in that case is for a lawful reason and is not nushūz.

Assessing the adequacy of the housing and whether its lawful conditions are met 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

What are the conditions of suitable lawful housing?
Independence (standalone home, private bathrooms and kitchen, private entrance), basic equipment (furniture, kitchen tools, A/C, electricity and water), safety and cleanliness, suitable location, and matching the level.
When may the wife refuse to move?
In cases: unsuitable home, sharing with family without her consent, non-payment of prompt mahr, or risks to her (a violent husband, harmful environment). Legitimate refusal continues with full maintenance entitlement.
In polygamy cases what is the housing right?
Independent housing per wife (fairness), no combining two wives in one home except with their consent, equal level for all, and each wife's right to refuse sharing. Breach of fairness opens the right of annulment.

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