ENACTMENT No. 1 Of 1984 ISLAMIC FAMILY ENACTMENT 1979
PART VII - HADHANAH
Section 78. Power on immoveable and moveable property.
(1) A guardian is not permitted to cause a sale of the immoveable property of a child except in the following circumstances-
(i) if, by the sale of the property, the guardian shall derive a price beneficial to the child;
(ii) if the child has no other source of income and other property and that the sale of property is necessary for his maintenance;
(iii) if there is any provision in the will which shall remain inoperative unless the property is sold;
(iv) if the aggregate income from the property is insufficient to meet the expenses already incurred in the management and the payment of taxes on the said property;
(v) if the property is exposed to danger which will cause it to deteroriate or create a waste by any cause;
(vi) if the property is in the possession of someone who is not entitled to it and the guardian has cause to fear that there is no likelihood of obtaining an equitable retribution; or
(vii) in other cases, if the property is required to be sold for reasons allowed by Hukum Syarak and that the sale is expressly for the benefit of the child.
(2) A guardian is permitted to cause the moveable property of the child to be sold or charged, if the child requires necessities of life or if it is sold with the view to invest the proceeds of sale in order to derive an additional income.