ACT 303
ISLAMIC FAMILY LAW (FEDERAL TERRITORY) ACT 1984

PART I - PRELIMINARY



Section 2. Interpretation.


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

"Administration Act" means the Administration of Islamic Law (Federal Territories) Act 1993 [Act 505];
[Ins. Act A902: s.3]

"Administration Enactment" means the Administration of Muslim Law Enactment 1952 of the State of Selangor [Sel. En. 3/52] -

[Subs. Act A828: s.3]

[Subs. Act A828: s.3]
"anak dara" means a woman who has not had sexual intercourse, whether she has been married or not;

"appointed date" means the date appointed under subsection 1(2) for the coming into operation of this Act;

"baligh" means the age of puberty in accordance with Hukum Syara';

[Ins. Act A902: s.3]

"Chief Registrar" means a Chief Registrar of Muslim Marriages, Divorces, and Ruju' appointed under section 28;

"Chief Syariah Prosecutor" means the officer appointed under subsection 58(1) of the Administration Act;
[Ins. Act A902: s.3]
"Court" or "Syariah Court" means the Syariah Subordinate Court or the Syariah High Court constituted under section 40 of the Administration Act;

[Subs. Act A902: s.3]
"darar syarie" means harm, according to what is normally recognized by Islamic Law, affecting a wife in respect of religion, life, body, mind, moral, or property;

[Am. Act A902: s.3]

"fasakh" means the annulment of a marriage by reason of any circumstance permitted by Islamic Law in accordance with section 52;

"Federal Territory" means the Federal Territory of Kuala Lumpur or Labuan, as the case may require;

[Ins. Act A828: s.3

"Federal Territories" means the Federal Territories of Kuala Lumpur, and Labuan;

[Ins. Act A828: s.3;
"fosterage" means the suckling of a baby up to sufficiency by a woman who is not its natural mother for at least five times during the first two years of its life;

"Hukum Syara' " means Islamic Law according to any recognized Mazhab;

[Subs. Act A902: s.3]

"harta sepencarian" means property jointly acquired by husband and wife during the subsistence of marriage in accordance with the conditions stipulated by Hukum Syara',

"illegitimate" in relation to a child means born out of wedlock but not as a result of syubhah intercourse;

"janda" means a woman who has been married and divorced after consummation;

"kariah masjid" in relation to a mosque, means the area, the boundaries of which are determined under section 75 of the Administration Act;

[Subs. Act A902: s.3]
"Kitabiyah" means -

"Majlis" means the Majlis Agama Islam Wilayah Persekutuan constituted under section 4 of the Administration Act;
[Subs. Act A902: s.3]
"mas kahwin" means the obligatory marriage payment due under Hukum Syara' by the husband to the wife at the time the marriage is solemnized, whether in the form of money actually paid or acknowledged as a debt with or without security, or in the form of something that, according to Hukum Syara', is capable of being valued in terms of money;

"mut'ah" means a consolatory gift that is reasonable according to Hukum Syara', given to a divorced wife;

"nasab" means descent based on lawful blood relationship;

"Peguam Syarie" means a person admitted under section 59 of the Administration Act to be Peguam Syarie;

[Ins. Act A902: s.3]

"pemberian" means a gift whether in the form of money or things given by a husband to a wife at the time of the marriage;

[Ins. Act A902: s.3]
"Registrar" means a Senior Registrar of Muslim Marriages, Divorces, and Ruju' appointed under section 28, and includes a Registrar and an Assistant Registrar;
[Subs. Act A902: s.3]

"resident" means permanently or ordinarily living in a particular area;

"ruju' " means a return to the original married state;

"Syariah Appeal Court" means the Syariah Appeal Court constituted under subsection 40(3) of the Administration Act;

[Ins. Act A902: s.3]
"Syariah Judge" or "Judge" means Judges of the Syariah High Court appointed under section 43(1) of the Administration Act;

[Subs. Act A902: s.3]
"syubhah intercourse" means intercourse performed on erroneous impression that the marriage was valid or intercourse by mistake and includes any intercourse not punishable by Had in Islam;

"ta'liq" means a promise expressed by the husband after solemnization of marriage in accordance with Hukum Syara' and the provisions of this Act;

"thayyib" means a woman who has had sexual intercourse;

"wali Mujbir" means the father or paternal grandfather and above;

[Ins. Act A902: s.3]

"wali Raja" means a wali authorized by the Yang di-Pertuan Agong, in the case of the Federal Territories, Malacca, Penang, Sabah and Sarawak, or by the Ruler, in the case of any other States, to give away in marriage a woman who has no wali from nasab;

[Am. Act A828: s.3]

"widow" means a woman whose husband has died;

"widower" means a man whose wife has died;

(2) All words and expressions used in this Act and not herein defined but defined in the Interpretation Acts 1948 and 1967 [Act 388] shall have the meanings thereby assigned to them respectively by the Act.

(3) For the avoidance of doubt as to the identity or interpretation of the words and expressions used in this Act that are listed in the Schedule, reference may be made to the Arabic script form for those words and expressions shown against them therein.

(4) The Yang di-Pertuan Agong may from time to time amend, delete from or add to the Schedule.

___________________________________________________________________________________________________

MODIFICATION
Federal Territory of Putrajaya (Extension and Modification of Islamic Family Law (Federal Territory) Act 1984) Order 2002- P.U.(A) 247/2002.


"Administration Enactment" means the Administration of Muslim Law Enactment 1952 of the State of Selangor [Sel. En. 3/52] -

[Subs. Act A828: s.3; Am. P.U.(A) 247/2002]

[Subs. Act A828: s.3; Am. P.U.(A) 247/2002]

[Ins. P.U.(A) 247/2002]

"Federal Territory" means the Federal Territory of Kuala Lumpur, Putrajaya or Labuan, as the case may require;

[Ins. Act A828: s.3 ; Am. P.U.(A) 247/2002]

"Federal Territories" means the Federal Territories of Kuala Lumpur, Putrajaya and Labuan;

[Ins. Act A828: s.3; Am. P.U.(A) 247/2002]




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