Islamic Family Law Act · 2012 Revised Edition · Part VII
95. Persons entitled to guardianship
Official textFrom Attorney General's Chambers, unchanged
Although the right to custody of a child may be vested in some other person, the father shall be the first and primary natural guardian of his
child
“child” means an unmarried person who has not attained the age of 18 years qamariah;
Islamic Family Law minor child and the property of such child, and if the father is dead, the legal guardianship devolves to one of the persons in the following order of preference —
the paternal grandfather;
the father’s or grandfather’s executor (subject to whoever dies later);
the executor of the father’s or grandfather’s executor (if consent is given by the executor);
a Syar’ie Judge or a person that has been entrusted by a
Syar’ie Judge, provided that he is a Muslim, an adult, sane and trustworthy.
A father shall, at all times, have the widest power to make by will such dispositions as he thinks best relating to the guardianship of his minor children and the protection of their interests, provided that he is completely sane.
Subsection (1) shall not apply if the terms and conditions of the instrument vesting the property in the minor expressly exclude the persons mentioned therein from exercising guardianship over the property, and in that case the Court shall appoint a guardian for the property of the minor.
Notwithstanding the above provisions, the welfare of the child shall be the main consideration in determining the guardianship of the child and his property.
Terms defined in s 60A
child
Defined · s 60A“child” means an unmarried person who has not attained the age of 18 years qamariah;