Section 80. Appointment of guardian by the Court. (ISLAMIC FAMILY LAW ENACTMENT 1983

ENACTMENT NO. 1 OF 1983
ISLAMIC FAMILY LAW ENACTMENT 1983

PART VI - HADHANAH OR CUSTODY OF CHILDREN

Section 80. Appointment of guardian by the Court.

(1) Where there is no legal guardian of an infant, the duty of appointing a person to protect and safeguard the property of an infant shall be vested in the Court and in making such appointment the Court shall have regard primarily to the welfare of the infant .

(2) In considering what is for the welfare of the infant, the Court shall consider the age and sex of the infant, the character and capability of the proposed guardian, how near his relationship is with the infant, the wishes, if any, of the deceased parents, and the existing or previous relationship of the proposed guardian to the infant or his property, and if the infant is of an age to make a wise choice, the Court may consider the choice of the infant.