ENACTMENT No. 1 Of 1984 ISLAMIC FAMILY ENACTMENT 1979
PART VII - HADHANAH
Section 69. Persons entitled to hadhanah.
(1) Subject to section 70 a mother shall have priority over other persons on the hadhanah of the infant child while the mother is still married and after the marriage is dissolved.
(2) If the Court is of the opinion that a mother has lost her eligibility as a hadhinah, the hadhanah shall be transferred to the other persons as determined by Hukum Syarak.
(3) If there are several persons from the same ascendancy or status and all of them are eligible and have agreed to look after the child, the hadhanah shall be entrusted to the one who excels the others by his character and who has shown that he could give his greatest affection and love towards the child and if all of them is equally excellent in character and in showing the greatest affection and love, then the eldest amongst them shall have priority.