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What Are the Conditions for a Valid Marriage Contract in Jordan?

Conditions of a valid marriage contract in Jordanian law: capacity, guardianship, mahr, witnesses, and stipulations agreed between the parties

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

In Jordan, the conditions for a marriage contract are outlined in the Personal Status Law. According to Article 37 (المادة 37) of the Personal Status Law, certain conditions can be stipulated in a marriage contract:

  1. If a beneficial condition is stipulated for one of the spouses at the time of the contract, and it does not contradict the purposes of marriage or involve anything prohibited by Islamic law, and it is recorded in the marriage document, it must be observed.

  2. If the husband stipulates a condition that benefits him and is not prohibited by Islamic law, such as requiring the wife not to work outside the home or not to live with him in the country where he works, and the wife does not fulfill this condition, the condition is considered valid and binding. If the wife fails to fulfill it, the husband can request the annulment of the marriage, and the wife would forfeit her deferred dowry and maintenance during the waiting period.

  3. If the contract is conditioned on something that contradicts the purposes of marriage or involves something prohibited by Islamic law, it is not valid.

These conditions ensure that any stipulations made in the marriage contract are fair, beneficial, and in line with Islamic principles. For official advice, it is recommended to consult a lawyer.

Frequently Asked Questions

Is full capacity required for marriage?
Yes — reaching legal age (18), soundness of mind, and absence of Sharia impediments are required. Minor marriage is an exception requiring the Chief Justice's permission.
What are the additional conditions for special cases?
Minor marriage needs Chief Justice permission, polygamy needs court permission, marriage to a foreigner needs Interior Ministry approval — all under specific conditions.
What happens when a condition is missing?
A missing core condition results in a void marriage with no effects; a procedural-condition lapse can be remedied by subsequent registration. The judge decides per the case.

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