Section 78. Persons entitled to guardianship of person and property. (ISLAMIC FAMILY LAW ENACTMENT 1983

ENACTMENT NO. 1 OF 1983
ISLAMIC FAMILY LAW ENACTMENT 1983

PART VI - HADHANAH OR CUSTODY OF CHILDREN

Section 78. Persons entitled to guardianship of person and property.

(1) Even though the right of hadhanah or custody is granted to another person, the father shall have the primary right of guardianship of the infant's person and property, and if the father has died the legal right of guardianship of the infant devolves to the following persons in the order set out-

(a) the paternal grandfather;

(b) the executor appointed in the will of the father;

(d) the executor of the paternal grandfather;

(e) the executor of the executor of the paternal grandfather:

Provided that he is a Muslim, of full age, of sound mind and is reliable.

(2) The father shall have the absolute right to make a will providing as he thinks fit for the guardianship of the minor children and regarding the protection of their interests provided that he is of sound mind.

(3) The provisions of subsection (1) shall not apply to permit a guardian to exercise any rights over the property of the infant, and in such case the Court shall appoint a trustee for the property of the infant.

(4) For the purposes of this section a person shall be deemed to be an infant if he has not completed his eighteenth year .