The role of the guardian

Control of an infant (especially over education and property) is in the hands of the guardian. This is a very important aspect of the law. The guardian is usually the father or mother of the infant. In non-Muslim law, any person below the age of 21 is considered an infant; in Islamic law, the cut-off age is 18. The Guardianship of Infants Act 1961 previously gave only the father the right of control over an infant; now it has been amended to give the mother equal right as well.

The Act says that the guardian of the child must act with great care about to the property of the infant. He may not sell property belonging to the infant without getting the Court ‘s approval. The Court will study the needs of the infant before considering whether the property may be sold .