Guardian's Consent in the Marriage Contract in Jordan

The guardian (walī) in marriage under Jordanian law has a role in the marriage of a virgin (bikr). Article 14 of the Personal Status Law provides that the guardian is the agnate himself in the order established in the Hanafi school, beginning with the nearest agnate and so on.

Article 15 requires the guardian to be of sound mind and full age, and Muslim if the betrothed woman is Muslim. Article 16 provides that the consent of one guardian of equal degree suffices, and that a more distant guardian's consent is considered in the absence of the nearer. Article 17 addresses the absence of the nearer guardian and the passing of the right to the next, or to the judge where his view cannot be obtained.

If the guardian withholds the marriage of a virgin without a lawful justification (ʿaḍl), the judge may permit the marriage under Article 18, provided the dowry is not below the dowry of the like (mahr al-mithl) under Article 20.

Assessing whether the guardian's conditions are met or ʿaḍl exists 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.