Section 97

In the absence of a legal guardian as provided by section 94, the duty of appointing a guardian for protecting and preserving the property of the minor shall be upon the Court and in making an appointment, the Court shall particularly consider the welfare of the minor.

In considering what will be the welfare of the minor, the Court shall have regard to the age and sex of the minor, the character and the capability of the proposed guardian, the closeness of their relationship, any wishes of the deceased parents and any existing and previous relations

Islamic Family Law

B.L.R.0. 6/2012 73

between the proposed guardian and the minor or the property of the minor, and if the minor has reached an age where he is capable of forming an intelligent preference, the Court may consider that preference.

Appointment of mother as testamentary guardian.