ENACTMENT NO. 6 OF 2002
ISLAMIC FAMILY LAW ENACTMENT 2002
PART VII - GUARDIANSHIP
Hadhanah or Custody of Children
Section 87. Power of the Court to make order for custody
(1) Notwithstanding section 83, the Court may at any time by order choose to place a child in the custody of anyone of the persons mentioned therein or, where there are exceptional circumstances making it undesirable that the child be entrusted to anyone of those persons, the Court may by order, place the child in the custody of any other person or of any association the objects of which include child welfare.
(2) In deciding in whose custody a child should be placed, the paramount consideration shall be the welfare of the child and, subject to that consideration, the Court shall have regard to-
(a) the wishes of the parents of the child; and
(b) the wishes of the child, where he or she is of an age to express an independent opinion.
(3) It shall be a rebuttable presumption that it is for the good of a child during his or her infancy to be with his or her mother, but in deciding whether that presumption applies to the facts of any particular case, the Court shall have regard to the undesirability of disturbing the life of a child by changes of custody.
(4) Where there are two or more children of a marriage, the Court shall not be bound to place both or all in the custody of the same person but shall consider the welfare of each independently.
(5) The Court may, if necessary, make an interim order to place the child in the custody of any person or institution or association and the order shall forthwith be enforced and continue to be enforced until the Court makes an order for the custody.
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