Branch III Testimony Proof of affinity by testimony 105. Affinity may be proved by testimony of two men, by one man and two women or four women. Proof of delivery and identification of the baby 106. Delivery and identification of the baby shall be proved by testimony of one just Muslim whether male, or female. Proof of affinity by testimony, fame or hearsay 107. {1) Affinity may be proved by testimony, fame or hearsay. {2) Testimony by fame or hearsay shall be adduced as conclusive; and where interpreted at the outset, testimony shall be void. {3) Testimony by fame or hearsay shall not be void by later interpretation, upon cross-examination. Affinity suit being related to the estate 108. Where affinity suit is related to the estate, testimony of some of the heirs shall have cogency against all in proof of affinity. Chapter IV Custody Definition of custody 109. Custody is to keep a child, rear, educate and care therefor, in such way, as may not be inconsistent with the right of the guardian and the child interest. The right to custody 110. {1) Custody right is established for the mother then women of the prohibited degrees, precedence therein shall be to whoever may be ascendant with the mother, to whoever may be ascendant with the father, wherein consideration shall be to whoever may be nearest, then the nearest from both sides, in the following order: (a) the mother; (b) material grandmother, however ascendant she may be; (c) paternal grandmother, however ascendant she may be; (d) full-blood sister then a maternal and then a paternal half -blood sister; (e) niece by a full-blood sister; (f) niece by a maternal half-blood sister; (g) full-blood aunt, then a maternal and then a paternal half-blood aunt; (h) paternal half-blood niece; (i) full-blood brother nieces, then maternal and then paternal half-blood nieces; (j) full-blood aunt, then maternal and then paternal half- blood aunt; (k) full-blood aunt of the mother then maternal and paternal aunt of the mother; (l) full-blood aunt of the father then maternal and then paternal half-blood aunt of the father; (m) full-blood paternal aunt of the mother, then maternal and then paternal half-blood paternal aunt; (n) full-blood paternal aunt of the father, then maternal and then paternal half-blood paternal aunt. (2) Where there no female custodian, from the women, mentioned in sub-section (1), or where she is unfit for custody, the right to custody shall be transferred to sanguineous male relatives, to their order in entitlement to inheritance. (3) Where there is no one of the sanguineous relatives, mentioned in sub-section (2), or he is there, but he is unfit for custody the right to custody shall be transferred to the young's male uterine relatives other than sanguineous relatives in the following order: followings: (a) half-blood maternal grandfather; (b) maternal half-blood brother; (c) maternal half-blood nephew; (d) paternal half-blood uncle; (e) maternal full-blood uncle, the paternal and then maternal half-blood uncle. (4) Where custody is refused by whoever may be entitled thereto of women or men then the right shall be transferred to whoever may be next thereto. (5) Where there is no one entitled to custody, or no one of those entitle accepts it, the judge shall place the ward with whoever he may trust of men or women, and relatives shall be preferred to strangers, upon satisfaction of conditions, or with one of the institutions qualified for this purpose. Equality of those entitled to custody 11

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