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🛡️ Guardianship & Custodianship

The Guardian's Authorities Over the Child in Jordan

Guardian's practical authorities: education, travel, treatment, minor's marriage, fund management, and the limits of these authorities against the child's best interest

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

A guardian's authorities under Jordanian law combine overseeing the minor's affairs and managing his funds. Article 184 of the Personal Status Law provides that the guardian has the right to oversee the child's affairs, upbringing, education, and guidance — his authority in guardianship over the person — connected to the matter of travel with the child addressed in Article 177.

In guardianship over funds, Article 234 requires whoever manages the funds to manage and care for them with the diligence of a prudent person, and Article 237 restricts major dispositions — such as selling real property, mortgage, lending, settlement, and partition of jointly owned property — by requiring the court's permission. Article 235 subjects the trustee's actions to the court's oversight, so the guardian's authorities are not absolute.

A guardian's authorities are thus always bounded by the minor's interest and judicial oversight, and serious dispositions take effect only with the court's permission.

Assessing the limits of a guardian's authorities and the need for the court's permission 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

Are the guardian's authorities absolute?
No — bounded by three constraints: the child's best interest (not abuse), court permission for major transactions, and Jordanian law (no transgression of texts). Any transgression exposes the guardian to forfeiture.
Can the guardian compel the daughter to marry?
No. The daughter's marriage requires her express consent and her signature on the marriage contract. Coercion voids the contract. The guardian consents and is named guardian in the contract, but the daughter is the original holder of will.
Can the guardian delegate to another?
Yes for executing certain tasks (delegating a lawyer in a financial case, delegating a relative to follow up the child's study abroad). But legal responsibility remains with the guardian and his capacity does not transfer.

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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.