ENACTMENT NO. 1 OF 1966
SHAR'IYAH COURTS AND MUSLIM MATRIMONIAL CAUSES ENACTMENT, 1966

PART I - PRELIMINARY



Section 2. Interpretation.

In this Enactment unless the context otherwise requires-

(1) "anak dara" means a female who has never had sexual intercourse whether married or not.

(2) "Court" means the Court of Kadhi or of the Chief Kadhi or Juma'ah Pengadilan.

(3) "eddah" means the period within which a divorced woman or a widow is forbidden by Hukum Shara' to remarry and shall include "eddah persetubohan shubhat."

(4) "Government" means the Government of the State of Kelantan.

(5) "habuan" means the proportion of any property or fund retainable under Hukum Shara' by any person by way of commission or remuneration for services performed.

(6) "Hukum Shara'" means the body of law known in English as the Law of the Religion of Islam or Islamic Law.

(7) "illicit intercourse" means sexual intercourse between any male and female who is not his wife.

(8) "janda" means a female who is not an anak dara, or a widow or a divorcee.

(9) "Juma'ah Pengadilan" means Juma'ah Pengadilan appointed under this Enactment.

(10) "Kadhi" means a Kadhi appointed under this Enactment and includes the Kadhi Besar.

(11) "Kadhi Besar" means the Kadhi Besar, Kelantan and includes the Timbalan Kadhi Besar appointed under this Enactment.

(12) "Ketua Penyelia Ugama" means the Ketua Penyelia Ugama appointed under this Enactment and includes penyelia Ugama.

(13) "Majlis" means the Majlis Ugama Islam and Adat Istiadat Melayu Kelantan constituted by section 4 of the Kelantan Council of Religion and Malay Custom Enactment, 1966, and, as regards matters prior to the coming into force of the said Enactment includes the Majlis Ugama Islam and Adat Istiadat Melayu Kelantan then existing.

(14) "married woman" means a female who has been married and whose marriage is still in force.

(15) "mas-kahwin" means obligatory marriage-payment due under Hukum Shara' by the husband to the wife at the time the marriage is solemnised, whether paid in cash or in kind, or payable as a debt with or without security.

(16) "Mufti" means the Mufti Kerajaan, Kelantan appointed under this Enactment.

(17) "Mukim" and "Mukim Masjid" means the area prescribed by the Majlis in accordance with the Kelantan Council of Religion and Malay Custom Enactment within which a mosque is situated, and shall not necessarily coincide with the area of any mukim under the Land Enactment.

(18) "pemberian" means the marriage gift in cash or in kind made by the husband to the wife at the time of the marriage.

(19) "Penyelia Ugama" means the Penyelia Ugama appointed under this Enactment and includes Ketua Penyelia Ugama.

(20) "Penda'wa Jenayah" means Penda'wa Jenayah appointed under this Enactment and includes Timbalan Penda'wa Jenayah.

(21) "Penggawa" means a Penggawa or Acting Penggawa who is appointed by His Highness the Sultan.

(22) "property" includes all estates, interest, easements and rights whether equitable or legal, in, to or out of property, and things in action.

(23) "Registrar" means a Registrar of Muslim Marriages and Divorces and includes ex-officio Registrar appointed under this Enactment.

(24) "Timbalan Penda'wa Jenayah" means Timbalan Penda'wa Jenayah appointed under this Enactment.
(25) "wali" means a person who is empowered in accordance with Hukum Shara' to give consent in respect of a marriage of a woman.




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