The issue of educational expenses for children with disabilities, especially those diagnosed with autism accompanied by intellectual disability, raises important legal questions for many families in Jordan. Are rehabilitation and special training programs considered part of “educational expenses” that a father is legally and religiously obligated to provide?
The Jordanian Sharia Supreme Court addressed this issue clearly in Decision No. 10 of 2021, which has become an important reference in cases concerning educational expenses for children with autism and intellectual disabilities.
What Are Educational Expenses Under Jordanian Sharia Law?
Educational expenses generally refer to costs related to academic or school education, including:
- School tuition fees
- Books and stationery
- Transportation to school
- Necessary educational lessons
This is based on Article 190 of the Jordanian Personal Status Law, which regulates a father’s obligation to cover his children’s educational expenses under specific conditions.
What Did the Sharia Supreme Court Decide?
In Decision No. 10 of 2021, the court stated that, according to the psychiatric medical report, the two children with autism and intellectual disability were “not fit for academic education.” Instead, what they needed was:
- Learning eating and drinking skills
- Learning how to dress themselves
- Acquiring personal hygiene habits
- Developing basic daily life skills
The court concluded that these needs, despite being essential and necessary, do not fall within the concept of “educational expenses” intended under Article 190 because they are not considered academic education in the legal sense.
Does This Mean the Child Loses the Right to Care?
No. The court implicitly acknowledged that these rehabilitation and life-skill programs are extremely important for children with autism and intellectual disabilities and may even be considered necessities similar to food and drink, since learning these skills is essential for achieving a dignified and partially independent life.
The decision relied on an important Islamic legal principle:
“Whatever is necessary to fulfill an obligation becomes obligatory itself.”
However, the court distinguished between:
- The medical and humanitarian necessity of these programs
- And classifying them legally as “educational expenses”
The Difference Between Academic Education and Behavioral Rehabilitation
One of the key points highlighted by the court was the distinction between academic education and rehabilitation training:
| Academic Education | Behavioral and Skills Rehabilitation |
|---|---|
| School-based and curriculum-oriented | Training in life and daily living skills |
| Includes schools and universities | Includes rehabilitation and therapy centers |
| Considered educational expenses | Not classified as educational expenses under the ruling |
| Aims at academic achievement | Aims at independence and self-reliance |
Importance of the Decision for Jordanian Families
This ruling helps families and lawyers better understand how Jordanian Sharia courts deal with financial support cases involving children with disabilities.
It also clarifies that:
- Therapy and rehabilitation expenses may still be claimed under other legal categories
- But not necessarily under the category of “educational expenses”
For this reason, consulting a lawyer specialized in personal status law is highly recommended to determine the best legal approach for protecting the child’s rights.
Excerpt from the Court Decision
The Jordanian Sharia Supreme Court stated in Decision No. 10 of 2021:
“The two children are not fit for academic education, and what they require is the acquisition of basic skills related to eating, drinking, dressing, and personal hygiene. These matters fall outside the concept and purpose of education as stipulated in Article 190.”
Source
- Jordanian Sharia Supreme Court Decision No. 10 of 2021