ENACTMENT NO. 15 OF 1992 ISLAMIC FAMILY LAW ENACTMENT 1992
PART VII - GUARDIANSHIP HADANAH OR CUSTODY OF CHILDREN Guardianship of person and property.
Section 96. Appointment of guardians by the Court.
(1) In the absence of the legal guardians, the duty of appointing a guardian for the protection and preservation of the minor’s property shall be upon the Court, and in making an appointment the Court shall be guided chiefly by considerations of the minor’s welfare.
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age and sex of the minor, the character and the capacity of the proposed guardian and his nearness of relationship to the minor, the wishes, if any, of the deceased parents, and any existing or previous relations of the proposed guardian with the minor or his property, and where the minor is old enough to form an intelligent preference, the Court may consider that preference.