Family and Personal Status Law
Family and Personal Status Law tests marriage, divorce, maintenance, custody and inheritance. In the West Bank the Jordanian Personal Status Law No. 61 of 1976 applies through religious courts; Gaza and different communities apply separate rules, so identify the court and applicable personal-status regime.
Core rules
- Marriage requires consent, capacity, mahr and, where applicable, guardian consent; formal registration matters for proof.
- Divorce may be by talaq or judicial decree; khul' and other forms have distinct financial consequences.
- Maintenance depends on need, ability and the marriage contract; it is enforceable and can be varied.
- Custody is decided by the child's best interests; guardianship and custody are different.
- Inheritance shares are fixed; wills are limited by the one-third rule.
Worked example
A wife seeks maintenance after her husband stops paying. The court examines the valid marriage, the husband's means and the wife's needs. If he is able but refuses, the court orders maintenance and may enforce it; his later unemployment may justify variation, not automatic cancellation of arrears. Reasoning: maintenance is a continuing obligation, and arrears are generally not erased by changed circumstances.
Traps
Confusing custody with guardianship; ignoring religious court jurisdiction; treating khul' as ordinary divorce; forgetting registration and proof requirements.