Permissible Stipulations in the Marriage Contract in Jordan

Jordanian law permits the spouses to include stipulations in the marriage contract. Article 37 of the Personal Status Law provides that if one spouse stipulates, within the contract, a condition in which he has a lawful interest not prohibited by Sharia, and the condition does not conflict with the aims of marriage, it must be honored and is recorded in the contract document.

Article 37 gives examples, such as a wife stipulating that he not move her from her town, or not marry another over her, or that she may work outside the home; if the husband does not honor the condition, the wife may seek annulment of the contract while preserving her rights. Article 38 requires the wording of the condition to be clear and addresses a stipulation delegating divorce to the wife.

A condition that conflicts with the aims of marriage or is prohibited by Sharia is void while the contract remains valid, under Article 37.

Assessing the validity of a condition and the extent of any breach remains within the Sharia Court's competence on the facts of each case, and annulment is not guaranteed by mere claim.

This is a general explanation based on Jordanian Personal Status Law and does not replace advice from a qualified lawyer in a specific dispute.