Section 96
Section 96
(1)
Subject to section 102, with regards to immovable property, a legal guardian shall not have the power to sell except in the following cases —
(a)
if the minor has no other means and the sale is absolutely necessary for his maintenance and he has no other property;
Islamic Family Law 72
(b)
if the property is required to be sold for the purpose of paying off the debts of the testator, which cannot otherwise be settled;
(c)
if there is a general provision in the will of the testator that cannot be enforced without the sale of the property;
(d)
if the income accruing from the estate is insufficient to pay for the expenditure incurred in its management and to pay any charges imposed on the land;
(e)
if the property is in danger of being damaged or destroyed;
(f)
if the property is in the hands of a person not entitled thereto and the guardian has reason to fear that there is no opportunity of fair restitution; or
(g)
in any other case, if it is absolutely necessary to sell the property on other grounds permitted by Hukum Syara’ and the sale is manifestly or evidently for the benefit of the minor.
(2)
With regards to movable property, a legal guardian shall have power to sell or pledge the goods and chattels of the minor if he is in need of imperative necessities such as food, clothing and care; and if the movable property of a minor is sold bona fide for an adequate consideration, with the purpose of investing the proceeds safely and to obtain additional income, such sale shall be valid.
Appointment of guardians by Court.