ENACTMENT NO 4 OF 1955
ADMINISTRATION OF MUSLIM LAW ENACTMENT, 1955 (1374H)

PART I - PRELIMINARY



Section 2. Interpretation.

In this Enactment, unless the context otherwise requires-

“anak muda” means a female who has never been married or had sexual intercourse;

“anak mukim” means the persons permanently or habitually resident in any mukim masjid;

“Chief Kathi” means the Chief Kathi appointed under this Enactment;

“Commissioner” means the Commissioner of the Department of Religious Affairs appointed under this Enactment;

“corporation” means the body corporate created by Section 6 of this Enactment;

“Court” means the Appeal Committee, the Court of the Chief Kathi or of a Kathi as the case may be;

“Civil Court” means any Court constituted under any written law other than Courts constituted by this Enactment and includes any tribunal or individual exercising judicial or arbitrator’s powers;

“Department” means the Department of Religious Affairs, Trengganu;

“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 or its value payable under Muslim law annually by a Muslim at the end of the month of Ramathan to be used in accordance with Muslim law;

“Fund” means the General Endowment Fund of the Corporation established under Section 57 of this Enactment;

“Government” means the Government of the State of Trengganu;

“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;

“Hukum Shara” means the body of law known in English as Muhammadan Law;

“janda” means a female who is not either an anak muda or a married woman;

“Kathi” means a Kathi appointed under this Enactment and includes the Chief Kathi;

“Legal Committee” means the Committee of Ulamas appointed under this Enactment;

“Majlis” means the Majlis Ugama Islam dan Adat Isti’adat Melayu constituted by this Enactment;

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

“mas-kahwin” means the obligatory marriage payment due under Muslim law by the husband to the wife at the time the marriage is solemnized, 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 Religion of Islam, and includes a surau;

“Mufti” means the Mufti of the State of Terengganu appointed under this Enactment;

“mukim” and “mukim masjid” mean the area prescribed by the Department in accordance with this Enactment within which a mosque is situtated, and shall not necessarily coincide with the area of any mukim under the Land 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 vow to dedicate property 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 Mosque officials and includes the Chief Imam, other Imams, Khatibs and Bilals of a mosque, if any;

“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 Tauliah from His Highness the Sultan authorizing him to perform the duties relating to the interests of the inhabitants, 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 out of property, and things in action;

“Registrar” means a Registrar of Muslim Marriages and Divorces appointed under this Enactment, and includes a Deputy Registrar and an Assistant Registrar;

“Secretary” means the Secretary to the Department;

“wakaf ‘am” means a dedication in perpetuity of the capital and income of property for religious or charitable purposes recognized by Muslim law, and includes the property so dedicated;

“wakaf khas” means a dedication in perpetuity of the capital of property for religious or charitable purposes recognized by Muslim law, and includes the property so dedicated, the income of which is to be paid to a person or 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 the padi crop and live stocj such as cattle, goats and sheep, payable annually in respect of padi planted and of live stock reared, subject to the exemptions prescribed by this Enactment.

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




Copyright © PNMB-LawNet. All rights reserved.