ENACTMENT No. 1 Of 1984 ISLAMIC FAMILY ENACTMENT 1979
PART VII - HADHANAH
Section 77. Persons entitled to hadhanah.
(1) Subject to section 72, a father shall be the first prior guardian of the person and property of his child who has not attained maturity and on his death, this right shall devolve to persons as determined by Hukum Syarak.
(2) A father is authorised by will to make any settlement which he deems beneficial for the custody and protection of the interest of his children who qre still infant:
Provided that at the time of making the will he is fit and sane.
(3) The provisions of sub-section (1) shall not be operative if the provision of the will which vests the property of the children in the. guardian clearly does not permit the guardian to deal with the property and in such circumstances the Court may on the request of the guardian appoint another person as guardian of the said property.
(4) For the purpose of this section, a person under the age of eighteen years shall be deemed an infant.