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🛡️ Guardianship & Custodianship

What Is Guardianship (Wilāyah) in Jordanian Law?

Definition of guardianship in Jordanian law, its nature, types (over person and over funds), and Sharia-legal basis

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

Guardianship (wilāya) under Jordanian law is a lawful authority the law grants to a qualified person to care for the affairs of a minor or person of deficient capacity, over his person or his funds. Article 223 of the Personal Status Law provides that a minor's guardian is his father, then the father's appointed trustee, then the true grandfather, then the grandfather's trustee, then the court or the trustee the court appoints.

Guardianship is tied to a person's capacity: Article 203 sets the age of majority at eighteen solar years, and Article 204 provides that one lacking or deficient in capacity cannot exercise his rights himself. Guardianship includes, under the following articles, guardianship over the person by overseeing the minor's affairs under Article 184, and guardianship over funds by managing and preserving them.

Article 224 requires the guardian to be of sound mind, full age, trustworthy, and able to discharge the requirements of guardianship, and Article 235 subjects the trustee's actions to the court's oversight.

Assessing whether guardianship exists and its conditions 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 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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Need legal help with guardianship & custodianship matters? Learn about a Sharia lawyer in Jordan or book a consultation with Dr. Nadia Asaad.