Section 89
ActIn forceProvision 100 of 156
Section 89
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.
How right of custody is lost.