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Is the Husband Detained If He Doesn't Pay Maintenance in Jordan?

When the husband can be imprisoned for refusing maintenance in Jordan, the difference between refusal and insolvency, and legal safeguards.

Based on official Jordanian law — Personal Status Law No. 15 of 2019
  • 254
    Published legal questions
  • 7
    Legal topics
  • Cites Personal Status Law No. 15 of 2019

Answer

Based on official Jordanian legal texts

Yes, a judgment debtor may be detained for a maintenance debt in certain cases. However, detention is not automatic merely because payment was not made. It must be requested through the Sharia Enforcement Department and ordered by the enforcement judge according to the conditions set by law.

Article 13(d) of the Sharia Execution Law allows the creditor to request detention of the debtor in maintenance and wage debts without proving the debtor's ability to pay if the enforceable instrument is filed for enforcement within three months from the date it was issued. If enforcement is filed after that period, accumulated maintenance and wage debts are subject to the general rules concerning ability to pay and settlement.

Article 13 also regulates limits connected to detention, installments, and settlements. Article 14 lists categories where detention is not allowed in certain cases, such as some public employees, persons not personally liable for the debt, persons lacking mental capacity, and pregnant women within the legal limits. The enforcement judge may also postpone detention if an official medical report shows that the debtor suffers from an illness that makes detention unbearable.

Therefore, the answer is not a simple yes in every case. Detention is legally possible for maintenance debts, but it requires an enforcement request, fulfillment of legal conditions, and absence of a legal bar.

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

How long is the detention?
Minimum usually days (3-7), maximum may reach a month or more. Longer in large-arrears cases; increases with repetition. Ends with payment even if duration is incomplete.
How does detention end?
By full payment, partial payment with a guarantee, proof of true insolvency with credible evidence, expiry of the legal duration, or wife's waiver with continuation of other measures.
When is the husband not detained?
Upon proof of full insolvency with strong witnesses and documents, severe illness, exclusive care of a child or sick person, payment acknowledgment with guarantee, or wife's waiver.

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Need legal help with alimony matters? Learn about an alimony lawyer in Jordan or book a consultation with Dr. Nadia Asaad.