When Can a Mother Lose Custody in Jordan?

Yes, custody can be forfeited under Jordanian law, but only by a judicial ruling of the Sharia Court — it is not automatic. Article 171 sets conditions for the custodian, including being of full age, sound mind, trustworthy, and able to raise and protect the child, not being an apostate, and that a female custodian not be married to a man who is a stranger (non-maḥram) to the child.

Article 172 provides that the right of custody lapses if any of these conditions fails, or if the custodian lives with a person whose own custody has lapsed. A female custodian's right also lapses on her marriage to a man who is a stranger to the child, as Article 171 addresses.

Forfeiture is not necessarily permanent: Article 174 provides that custody returns once the cause of its lapse is removed and the child's interest lies in its return.

Throughout, the court observes the best interests of the child, so forfeiture is ruled only where its grounds are established by the facts and evidence, and that assessment remains within the judge's discretion.

This is a general explanation based on Jordanian Personal Status Law and does not replace advice from a qualified lawyer in a specific dispute.