Jordan’s Child Custody Law:

A Blueprint for Progress

Harsh Mahaseth

Sadqua Khatoon

 

Abstract: The Personal Status Law of Jordan 2019 establishes a progressive framework for child custody, prioritising the child’s welfare through the dual concepts of hadhana (physical custody) and wilaya (legal guardianship). Rooted in Islamic principles, this legal structure differentiates the rights and obligations of custodians and guardians, primarily granting physical custody to the mother and legal guardianship to the father. The progressive nature of Jordan’s law lies in its flexibility, the focus on the child’s best interests, and its responsiveness to changing family dynamics. This recent development note examines the fundamental aspects of Jordan’s approach, its progressive characteristics, and how it can serve as a model for other Islamic countries.