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🛡️ Guardianship & Custodianship

How Is the Custodian (Wasī) Judicially Appointed in Jordan?

Procedures for appointing a custodian over a minor: competent authority, nomination priority, custodian's conditions, evidence, and the judicial decision

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

This page addresses: How Is the Minor's Custodian Judicially Appointed?. In general, Judicial appointment of a custodian is done by petition to the Personal Status Court (from a relative, the mother, a relative, or prosecution). The court verifies the candidate's qualification, hears relatives, and issues an appointment ruling specifying authorities and imposing periodic oversight. However, the legal answer must be read together with the relevant statutory provisions and the facts of the case.

The main legal basis is the Jordanian Personal Status Law and the Jordanian Sharia Procedure Law. Relevant article references include Articles 230-244, 2/6, 4/2. The answer should be read with those provisions and with the facts of the specific case, not as a guaranteed outcome.

In guardianship and trusteeship matters, the law distinguishes between personal care, financial authority, guardians, trustees, and guardians appointed by court. Court supervision becomes especially important when the matter concerns a minor, an incapacitated person, or protected property.

Practical details may differ depending on the case file and the official instructions or service rules in force at the time of filing.

This is a general explanation based on the approved Jordanian legal sources and does not replace advice from a qualified lawyer in a specific dispute.

Frequently Asked Questions

What documents are required for an appointment petition?
Father's death certificate, inheritance limitation, certificate that no Sharia guardian exists (or his removal), candidate's no-conviction certificate, medical certificate of capacity, income certificate proving financial ability, vouching from trustworthy parties.
How long does the appointment procedure take?
In simple cases (father's death, mother seeking custodianship): 2–4 months. In complex cases (dispute, multiple candidates, capacity questions): 6–12 months requiring witness testimony and social inquiries.
Does the custodian pay fees?
Symbolic court fees are charged to open the case. Administrative fees for the custodian are determined later and disbursed from the minor's funds if he is solvent (a reasonable percentage of income, set by the court).

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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.