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🛡️ Guardianship & Custodianship

Guardianship Over the Funds (Wilāyah ʿalā al-Māl) in Jordan

Definition of guardianship over funds in Jordanian law, the guardian's authority to manage minor's funds, invest, and spend on him

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 funds under Jordanian law is the authority to manage, preserve, and invest the minor's funds. Article 223 of the Personal Status Law provides that the minor's guardian is his father, then the father's trustee, then the true grandfather, then the court or the trustee it appoints, and Article 234 requires whoever manages the funds to manage and care for them with the diligence of a prudent person.

Article 237 restricts major dispositions of the minor's funds, so the sale or mortgage of real property, relinquishment, lending, settlement, partition of jointly owned property, and investment are valid only with the court's permission and in the manner it sets. Article 235 subjects the trustee's actions to the court's oversight, and Article 227 addresses dispositions by the father and grandfather involving gross undervaluation.

Guardianship over funds is thus bounded by the minor's interest and by judicial oversight, and is not left to the guardian or trustee unrestricted in serious dispositions.

Assessing the validity of a disposition and the need for the court's permission 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 transactions require court permission?
Sale or mortgage of real estate, waiver of rights, investment of large sums, settlement in cases affecting the minor's funds, and borrowing in his name. Ordinary spending on the child (school, treatment, food) needs no permission.
How does the court oversee the funds-guardian?
It requires an inventory of the minor's assets at the start of guardianship, periodic reports of expenses and investments, and reviews complaints from relatives or authorities regarding mismanagement.
When is funds-guardianship removed?
If mismanagement, extravagance, fraud, bankruptcy, or harmful neglect of the minor's funds is proven. Removal is by judicial ruling, and a financial custodian replaces the guardian.

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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.