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🛡️ Guardianship & Custodianship

What Is Wasāyah (Custodianship) in Jordanian Law and When Does It Apply?

Definition of wasāyah in Jordanian law, its arising after the father's death, distinction from original guardianship, and the custodian's role

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

Trusteeship (waṣāya) under Jordanian law is a substitute authority over a minor that arises where the guardian is absent, or to appoint someone to manage the minor's affairs after the father. Article 230 of the Personal Status Law provides that a father may appoint a chosen trustee over his minor child, and that if the minor has no trustee chosen by the father or grandfather, the court appoints a trustee to manage his affairs.

Article 231 sets conditions for the trustee, including full capacity, the ability to manage the minor's affairs, and trustworthiness. Article 234 requires the trustee to manage and care for the minor's funds, Article 235 subjects his actions to the court's oversight, and Article 239 obliges him to submit a report at least every six months.

Trusteeship is thus under continuous judicial supervision and ends for reasons set out in Article 241, such as the minor reaching the age of majority or the cause of trusteeship ending.

Assessing the need for trusteeship and appointing the trustee 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

When does wasāyah activate in Jordan?
Upon the father's death with no paternal grandfather, upon judicial removal of the father's guardianship, or when a deceased leaves minor children without an appointed elective custodian.
Does the custodian differ from the guardian?
Yes; the guardian holds original authority by kinship (father, grandfather), while the custodian holds substitute authority by judicial appointment or written will. The custodian must file periodic reports with the court on the minor's funds.
Who may be appointed custodian?
Must be a competent, trustworthy, capable adult; preferably a relative. A person convicted of a moral offense or adjudged bankrupt cannot be appointed.

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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.