Section 2. Interpretation. (ADMINISTRATION OF MUSLIM LAW

ENACTMENT No. 1 Of 1959
ADMINISTRATION OF MUSLIM LAW

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 person permanently or habitually resident in any kariah masjid;

"Appeal Committee" means the Appeal Committee established under section 41 of this Enactment;

"Civil Court" means any Court other than a Court constituted by this Enactment;

"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 the law of the Muslim Religion to remarry;

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

"the Fund" means the General Endowment Fund established under section 88 of this Enactment;

"Government" means the Government of the State;

"illicit intercourse" means sexual intercourse not amounting to rape between any male and any female who is not his wife or with whom he is forbidden by the law of the Religion of Islam 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 112 (2) of this Enactment;

"kariah" and "kariah masjid"mean the area prescribed by the Majlis in accordance with section 108 of this Enactment within which a mosque is situated;

"Kathi" means a Kathi appointed under section 38 of this Enactment and includes the Kathi Besar;

"Kathi Besar" means the Kathi Besar, Malacca, appointed under section 38 of this Enactment;

"Legal Committee" means the Legal Committee of the Majlis appointed under section 36 of this Enactment;

"Majlis" means the Majlis Ugama Islam, Malacca, constituted by section 4 of this Enactment;

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

"maskahwin" means the obligatory marriage-payment 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;

"Hantaran" means the obligatory cash payment due to be paid under local custom by the bridegroom to the bride at the time the marriage is solemnised;

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

"Mufti" means the person apointed to be Mufti of the State of Malacca under section 34 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 Imam, Khatib, Bilal, Noja and Munkin of a mosque, if any, for the time being;

"pemberian" means the marriage gift other than cash made by the husband to the wife at the time of the marriage;

"Penghulu" means a Penghulu who is appointed in accordance with the Penghulu Scheme of Service of the State;

"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 person appointed as Registrar of Muslim Marriages and Divorces under section 114 of this Enactment and includes ex-officio Registrar;

"sa-pencharian property" means property jointly acquired by a husband and wife during the continuance of the marriage;

"wakaf 'am" means a dedication in perpetuity of the capital and income of property for religious or charitable purposes recognized 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 recognized 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 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 and not herein defined which are defined in the Interpretation and General Clauses Ordinance, 1948, shall have the meanings thereby assigned to them respectively.