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🛡️ Guardianship & Custodianship

Guardianship Over the Person (Wilāyah ʿalā al-Nafs) in Jordan

Definition of guardianship over the person in Jordanian law and its scope: education, travel, marriage, and major medical decisions

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 the person under Jordanian law is the guardian's authority over the minor's personal affairs. Article 184 of the Personal Status Law provides that the guardian has the right to oversee the child's affairs, upbringing, education, and guidance, so this guardianship concerns decisions relating to the minor's person, not his funds.

Among its features: the child's travel outside the Kingdom is only by the guardian's consent or the court's permission if he refuses, under Article 177, and the guardian has a role in choosing education under Articles 190 and 191. The holder of this guardianship is determined by the order in Article 223 — the father, then his trustee, then the true grandfather, then the court or whom it appoints.

Guardianship over the person is removed only for an objective cause, such as loss of capacity or withdrawal of guardianship by court ruling under Article 228, or the guardian's absence addressed in Article 225.

Assessing whether guardianship over the person 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

What are the limits of person-guardianship when there is a custodian?
The custodian handles daily care, residence, food, and drink. The person-guardian decides major matters like school, travel, and medical treatment. Any interference in daily care requires strong justification.
Can the mother be person-guardian over the child?
Originally no, even if she is custodian. She becomes person-guardian only if the father has died with no paternal grandfather, the father's guardianship was judicially removed, or he willed it before death.
Can the guardian force a religion or sect on the child?
The guardian decides religion and sect before the child reaches majority. After majority, the adult chooses for themselves. Extreme psychologically harmful interference may be grounds for removal.

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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.