What Is Guardianship (Wilāyah) in Jordanian Law?

❓Frequently Asked Questions

What is the difference between guardianship and custody?

Guardianship is decision-making authority over the major affairs of the child (education, travel, marriage, funds), typically held by the father. Custody is daily care and residence, typically held by the mother in early years. The mother can be custodian without being guardian.

Is guardianship in Jordan binding under Sharia and law?

Yes; it is enshrined in the Jordanian Personal Status Law and rooted in Islamic jurisprudence. The father cannot unilaterally renounce it, and it transfers only by death or judicial removal.

Who holds guardianship if the father is absent or deceased?

It passes to the paternal grandfather, then to the father's male agnatic relatives (brother, uncle) in the Sharia order, or the judge appoints a custodian (waṣī) if no qualified guardian exists.

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Related Questions

• Difference Between Custody (Ḥaḍāna) and Guardianship (Wilāyah)
• What Are the Types of Guardianship in Jordanian Law?
• Who Has Guardianship Over the Child in Jordan?
• Guardianship Over the Person (Wilāyah ʿalā al-Nafs)
• Guardianship Over the Funds (Wilāyah ʿalā al-Māl)