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What Is Maintenance (Nafaqa) in Jordan and What Are Its Types?

Definition of nafaqa under Jordanian law, its legal nature, main types, and the competent court.

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

Maintenance (nafaqa) under Jordanian law is a financial right that meets the essential needs of the entitled person, borne by whoever the law obliges to pay it. Article 59 of the Personal Status Law sets out the content of a wife's maintenance: food, clothing, housing, and medical care to the customary degree, and a servant for a wife of comparable status.

Article 59 also makes clear that maintenance is owed by the husband to his wife even if she is wealthy, and that he must pay it to her if he withholds it or his default is established. The concept extends to other kinds of maintenance, such as child support in Article 187 and relatives' maintenance in Article 197, so maintenance is not confined to the wife alone.

Maintenance is assessed according to the payer's means, whether comfortable or constrained, under Article 64; no one is burdened beyond capacity, and it does not fall below the minimum of the entitled person's need. In principle, maintenance is a recurring right aimed at a dignified life, not merely food.

Assessing the amount of maintenance and whether the conditions for entitlement are met 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 types of maintenance in Jordanian law?
Six main types: wife maintenance, ʿidda maintenance, child support, relatives' maintenance, past-due maintenance, and provisional maintenance. Each has its own conditions and duration.
Which court has jurisdiction over maintenance?
For Muslims in Jordan, the Sharia Courts alone hear maintenance cases. Regular courts do not handle personal maintenance.
What is the legal basis of maintenance in Jordan?
Personal Status Law No. 15 of 2019 governs substantive aspects; Sharia Procedural Law No. 31 of 1959 and its amendments govern procedure.

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