ENACTMENT No. 1 Of 1984 ISLAMIC FAMILY ENACTMENT 1979
PART VII - HADHANAH
Section 79. Appointment of guardian by Court.
(1) If there is no guardian at law, the duty to appoint a guardian to protect and preserve the property of the child shall be the Court's responsibility and in appointing him the Court shall give foremost consideration to the welfare of the said child.
(2) In considering what constitutes the welfare of a child the Court shall observe the age and sex of the child, the character and ability of the proposed guardian and his affinity with the child, the wishes of the child's deceased parents if any, and the relationship of the proposed guardian with the child and the property in the past and at the present but if the child has attained the age of mumaiyiz the Court may also consider his election.