ENACTMENT NO. 1 OF 1983 ISLAMIC FAMILY LAW ENACTMENT 1983
PART VI - HADHANAH OR CUSTODY OF CHILDREN
Section 70. Persons entitled to custody of children.
(1) Subject to the provisions of section 71, the mother shall have a prior right over all other persons to the custody of a young child, during the period of the marriage and after the marriage has been dissolved.
(2) If the Court finds that the mother has lost her right of hadhanah or custody in accordance with Hukum Syarak, such right shall devolve to the persons in accordance with the order of priority set out below:
(a) the maternal grandmother, how high soever;
(b) the father;
(c) the paternal grandmother, how high soever;
(d) sisters of the same father and mother;
(e) sisters of the same mother;
(f) sisters of the same father;
(g) maternal aunts;
(h) daughters of sisters of the same father and mother;
(i) daughters of sisters of the same mother;
(j) daughters of sisters of the same father;
(k) daughters of brothers;
(l) paternal aunts;
(m) male heirs who are asabah:
Provided that the custody of such other person does not affect the welfare of the child:
And provided that a male person shall have no right to the custody of a female child, unless he is her mahram, that is, he is related to the female child in such manner that it is unlawful for him to marry her and he cannot under any circumstances marry her.
(3) If there are a number of persons within the same degree of priority, all of whom are willing to look after the children, the custody should be entrusted to the person who possesses the best character and shows love to the children, and if all of them have good characters, the oldest of them shall be given priority.