ENACTMENT NO. 3 OF 1952
ADMINISTRATION OF MUSLIM LAW ENACTMENT, 1952

PART I - PRELIMINARY



Section 2. Interpretation.

(1) In this Enactment, unless the context otherwise requires-

"anak dara" means a female who has never been married or had sexual intercourse;

"anak kariah" means the persons permanently or habitually resident in any kariah masjid;

"Court" means the Court of a Kathi or of the Kathi Besar or the Appeal Committee as the case may be;

"eddah" means the period within which a divorced woman or a widow is forbidden by Muslim law to remarry;

"fitrah" means the amount of rice payable under Muslim law annually by a Muslim at the end of the month of Ramadan to be used for religious or charitable purposes recognized by Muslim law;

"Fund" means the Fund to be known as Bait-ul­Mal established under section 94 of this Enactment;

"Government" means the Government of the State;

"habuan" means the proportion of any property or fund retainable under Muslim law by any person by way of commission or remuneration for services performed;

"illicit intercourse" means sexual intercourse not amounting to rape between any male and any female who is not his wife or whom he is forbidden by Muslim law to marry;

"janda" means a female who is not either an anak dara or a married woman;

"jawatan kuasa kariah" means a Committee of a kariah masjid appointed under rules made under section 118 (2) of this Enactment;

"kariah" and "kariah masjid" mean the area prescribed by the Majlis in accordance with section 114 of this Enactment within which a mosque is situated;

"Kathi" means a Kathi appointed under this Enactment and includes the Kathi Besar;

"Kathi Besar" means the Kathi Besar, Selangor;

"Legal Committee" means the Legal Committee of the Majlis appointed under this Enactment;

"Majlis" means the Majlis Ugama Islam dan Adat Istiadat Melayu, Selangor, constituted by section 5 of this Enactment and, as regards matters prior to the coming into force of this Enactment, includes the Majlis Ugama Islam dan Istiadat Melayu then existing;

"married woman" means a female who has been married and whose marriage is still in force;

"mas-kahwin" means the obligatory marriage­payment due under Muslim law 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;

"mosque" means a building erected or used for the purpose of holding the prayers, services and other ceremonies connected with the Islamic religion;

"Mufti" means the person appointed to be Mufti of the State of Selangor pursuant to section 39 of this Enactment;

"nazr" means an expressed vow to do any act or to dedicate property for any purpose allowed by Muslim law;

"nazr 'am" means a nazr intended wholly or in part for the benefit of the Muslim community generally or part thereof, as opposed to an individual or individuals;

"pegawai masjid" means the Nazir, Imam, Khatib and Bilal of a mosque, if any, for the time being;

"pemberian" means the optional marriage settlement made by the husband on the wife at the time of the marriage in cash or in kind;

"Penghulu" means a Penghulu who is in possession of a Kuasa from His Highness the Sultan authorising him to perform judicial functions, and includes an Assistant Penghulu having the like authority;

"President" means the President of the Majlis;

"property" includes all estates, interests, easements and rights, whether equitable or legal, in, to or arising out of property, and things in action;

"Registrar" means a Registrar of Muslim Marriages and Divorces appointed under section 120 of this Enactment;

"wakaf 'am" means a dedication in perpetuity of the capital and income of property for religious or charitable purposes recognised by Muslim law, and the property so dedicated;

"wakaf khas" means a dedication in perpetuity of the capital of property for religious or charitable purposes recognised by Muslim law; and the property so dedicated, the income of the property being paid to persons or for purposes prescribed in the wakaf;

"wali" means the lawful guardian according to Muslim law of a woman who is to be married;

"zakat" means the tithe of certain property payable annually in accordance with Muslim law.

(2) All words and phrases used in this Enactment which are defined in Article IV of the First Part of the Laws of the Constitution of Selangor shall have the meanings thereby assigned to them respectively.




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