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🛡️ Guardianship & Custodianship

The Custodian (Wasī) Over a Minor in Jordan: Who and What Authorities?

Who is appointed custodian over a minor after the father's death, their authority over affairs and funds, obligations, and legal limits

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

This page addresses: Custodian of a Minor: Who and What Authorities?. In general, The custodian is a competent, trustworthy adult appointed by the judge over a minor when no Sharia guardian exists, or designated by the father before death. Authorities include person and funds care (per the ruling) under continuous religious court oversight. However, the legal answer must be read together with the relevant statutory provisions and the facts of the case.

The main legal basis is the Jordanian Personal Status Law. Relevant article references include Articles 230-244. The answer should be read with those provisions and with the facts of the specific case, not as a guaranteed outcome.

In guardianship and trusteeship matters, the law distinguishes between personal care, financial authority, guardians, trustees, and guardians appointed by court. Court supervision becomes especially important when the matter concerns a minor, an incapacitated person, or protected property.

The legal rule should always be applied to the specific facts before any step is taken.

This is a general explanation based on the approved Jordanian legal sources and does not replace advice from a qualified lawyer in a specific dispute.

Frequently Asked Questions

Who may be appointed custodian?
Priority goes to capable, trustworthy near relatives (mother, grandfather, adult brother, uncle). A non-family person may be appointed if no qualified relative exists. A person convicted of a moral offense cannot be appointed.
Is the custodian's consent taken before appointment?
Yes; appointment is not compulsory. The person may decline for substantive reasons (illness, distance, busyness). If accepting, he signs a legal undertaking to faithfully discharge the custodianship and submit to court oversight.
How long does the custodianship last?
From the appointment date until the minor reaches a full 18 years, or until the cause necessitating custodianship dissipates, or the custodian is judicially dismissed for a substantive reason. Funds are delivered to the minor with a final statement.

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Need legal help with guardianship & custodianship matters? Learn about a Sharia lawyer in Jordan or book a consultation with Dr. Nadia Asaad.