Islamic Family Law Act · s 89

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s 89Qualifications necessary for custody

A person who has a right to the custody of a child shall be eligible to exercise those rights if —

(a)

he is a Muslim;

(b)

he is of sound mind;

(c)

he does not suffer from any long term diseases which prevents him from looking after himself or is suffering from diseases

Islamic Family Law 68

such as leprosy or vitiligo or Acquired Immune Deficiency

Syndrome (AIDS) or is a carrier of the HIV virus or venereal diseases in a communicable form;

(d)

he is of an age that qualifies him to give the child, care, love and affection that the child may need;

(e)

he is of good conduct in terms of Islamic morality; and

(f)

he lives in a place where the child will not face any moral or physical risks.