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Section 84

Duration of custody

of Islamic Family Law (Federal Territory) Act 1984

ActIn forceProvision 85 of 138
Section 84
(1)

The right of the hadhinah to the custody of a child terminates upon the child attaining the age of seven years, in the case of a male, and the age of nine years, in the case of a female, but the

Court may, upon application of the hadhinah, allow her to retain the custody of the child until the attainment of the age of nine years, in the case of a male, and the age of eleven years, in the case of a female.

(2)

After termination of the right of the hadhinah, the custody devolves upon the father, and if the child has reached the age of discernment (mumaiyiz), he or she shall have the choice of living with either of the parents, unless the Court otherwise orders.