ENACTMENT NO. 12 OF 1985
ADMINISTRATION OF ISLAMIC FAMILY LAW ENACTMENT 1985
PART VII - GUARDIANSHIP
Guardianship of Person and Property
Section 88. Power over immovable and movable property.
(1) As regards immovable property, a legal guardian shall have no power to sell, except in the following cases, that is to say-
(a) where at least double the price of the property may be obtained by him from a stranger by the sale of the property;
(b) where the minor has no other means of livelihood, and the sale is absolutely necessary for his maintenance, and the minor has no other property;
(c) where the property is required to be sold for the purpose of paying off the debts of the testator, which cannot otherwise be liquidated;
(d) where there are some general provisions in the will of the testator that cannot be carried into effect without the sale of the property;
(e) where the income accruing from the estate is insufficient to defray the expenditure incurred in its management and the payment of the land revenue;
(f) where the property is in imminent danger of being destroyed or lost by decay;
(g) where the property is in the hands of a usurper, and the guardian has reason to fear that there is no chance of fair restitution; or
(h) in any other case where it is absolutely necessary to sell the property on other grounds permitted by Hukum Syara' and the sale is to the manifest or evident advantage of the minor.
(2) As regards movable property, a legal guardian shall have power to sell or pledge the goods and chattels of the minor, if he is in need of imperative necessities, such as food, clothing, and nursing; and where the movable property of a minor is sold bona fide for an adequate consideration, with the object of investing the proceeds safely and for an increased income, its sale shall be held valid.
Copyright © PNMB-LawNet. All rights reserved.