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🛡️ Guardianship & Custodianship

Guardianship Over a Daughter in Jordanian Law

Guardianship over a daughter before and after majority, distinction between paternal and marriage guardianship, continued authority until marriage, and the daughter's rights

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

Guardianship over a daughter under Jordanian law is subject to the general rules of guardianship over a minor, without distinction by sex in guardianship over the person and funds. Article 223 of the Personal Status Law provides that a minor's guardian — male or female — is his father, then his trustee, then the true grandfather, then the court or whom it appoints, and Article 184 entrusts the guardian with overseeing the child's affairs, upbringing, and education.

In guardianship over funds, a minor daughter's funds are managed and preserved under Articles 234 and 237 with the same restrictions that apply to a male, so there is no difference in managing funds by sex. What relates to consent to marriage is subject to the rules of the marriage guardian in Article 14 onward, which is a separate matter from guardianship over the person and funds.

Guardianship over a daughter thus rests on the father, then those after him in order, and guardianship over funds ends when she reaches the age of majority under Article 203.

Assessing whether guardianship over a daughter exists and its limits 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

Does guardianship over the daughter continue after majority?
In modern Jordanian law, a daughter after a full 18 years has full capacity in financial transactions and educational direction. But in marriage the guardian's role remains (consent, presence, signing) per the followed school.
Can the father prevent the daughter's marriage?
Arbitrary prevention (ʿaḍl) is not recognized. If the father refuses without Sharia cause her marriage to a peer, she may file before the Personal Status Court for the judge to marry her himself (judge's wilāyah).
What about maternal guardianship over the daughter?
The mother is not a marriage guardian and her consent does not suffice for the daughter's marriage contract. Marriage guardianship requires a male guardian (father, grandfather, brother, uncle). In exceptional cases the judge may assume that role.

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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.