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GUARDIANSHIP
Hadhanah or Custody of Children
Persons entitled to custody of a child
1) Subject to section 82, the mother shall be of all persons the best
entitled to the custody of her infant children during the connubial
relationship as well as after its dissolution.
2) Where the Court is of the opinion that the mother is disqualified under
Hukum Syarak from having the right to hadhanah or custody of her
children, the right shall, subject to subsection pass to one of the
following persons in the following order of preference,that is to say—
(1) the maternal grandmother, how-high-soever;
(2) the father;
(3) the paternal grandmother, how-high-soever;
(4) the full sister;
(5) the uterine sister;
(6) the sanguine sister;
(7) the full sister’s daughter;
(8) the uterine sister’s daughter;
(9) the sanguine sister’s daughter;
(10) the maternal aunt;
(11) the paternal aunt;
(12) the male relatives who could be their heirs as ‘asabah or
residuaries: Provided that the custody of such person does not affect
the welfare of the child.