ENACTMENT NO. 1 OF 1983 ISLAMIC FAMILY LAW ENACTMENT 1983
PART VI - HADHANAH OR CUSTODY OF CHILDREN
Section 79. Powers over movable and immovable property.
(1) A legal guardian shall have no power to sell immovable property of the infant except by an order of Court and in the following circumstances-
(a) he can get reasonable price;
(b) if the infant has no other sources of income and the sale is necessary to provide for his maintenance;
(c) if the property has to be sold to pay for the debts of the testator, which cannot be paid unless such property is sold;
(d) if there is a provision in the will, which cannot be carried into effect without selling the property;
(e) if the income accumulated from the property is insufficient to pay the costs of administration of the property and the quit rent;
(f) if the property is in danger of being destroyed or harmed;
(g) if the property is in the hands of a person not entitled to it, and the guardian has cause to fear that there is no likelihood of getting a remedy; or
(h) in any other case, where it is necessary to sell the property for reasons approved by Hukum Syarak.
(2) A legal guardian shall have power to sell or charge movable properties of the infant, to provide for the necessaries, such as food, clothing and care, and if the movable property of the infant is sold in good faith with the intention of investing the proceeds of the sale to get additional income, such sale shall be regarded as valid.