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🛡️ Guardianship & Custodianship

Types of Guardianship in Jordanian Law: Person and Funds

Main types of guardianship in Jordanian law: guardianship over the person, over funds, and wasāyah, with their distinctions

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 under Jordanian law is of two main kinds: guardianship over the person and guardianship over funds. Guardianship over the person is the authority to oversee 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.

Guardianship over funds is the authority to manage, preserve, and invest the minor's funds; Article 223 provides that the minor's guardian in this respect is his father, then his trustee, then the true grandfather, then the court or whom it appoints, and Article 234 requires whoever manages the funds to manage and care for them. Article 237 restricts major dispositions, such as sale and mortgage, by requiring the court's permission.

Both kinds belong in origin to the father, then pass according to the order the law sets when he is absent or his guardianship lapses.

Assessing the kind of guardianship in existence and who holds it 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

Do the two types vest in one person?
Usually yes — the father naturally holds both. But they may be judicially separated: the father retains person-guardianship while the judge appoints a financial custodian if mismanagement of funds is proven.
Do the guardian's powers differ by type?
Yes; person-guardianship covers major decisions without interfering with the custodian's daily care. Funds-guardianship requires court permission for major transactions (sale of real estate, mortgage).
When can funds-guardianship be removed without person-guardianship?
If mismanagement of the minor's funds is proven (extravagance, embezzlement, bankruptcy), the court strips funds-guardianship and appoints a custodian, while person-guardianship remains with the father.

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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.