ENACTMENT NO. 5 OF 1956
ADMINISTRATION OF THE LAW OF THE RELIGION OF ISLAM ENACTMENT 1956

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;

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

"belanja" means the optional expense agreed by both parties at the time of betrothal;

"Chief Kathi" means the Chief Kathi for the State appointed under this Enactment;

"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;

"Collector" includes the Registrar of Titles;

"Court" means the Court of a Kathi or of the Chief Kathi; .

"eddah" means the period within which a divorced woman or a widow is forbidden by the Law of the Religion of Islam to remarry;

"fitrah" means the amount of rice payable under the Law of the Religion of Islam annually by every Muslim at the end of the month of Ramathan and the first day of Shawal;

"Government" means the Government of the State of Pahang;

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

"janda" means a female who is either a widow or a divorcee;

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

"Majlis" means the Majlis Ugama Islam dan Adat Istiadat Melayu, Pahang, 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 Adat Istiadat Melayu then existing;

"married woman" means a woman who has a husband;

"mas-kahwin" means the 0bligatory marriage payment, of such amount as may from time to time be fixed by the Ruler in Council, due under the Law of the Religion of Islam 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;

"mosque" means a building erected and used for the purpose of holding Friday prayers;

"Mufti" means the Mufti of the State appointed under this Enactment;

"mukim" and "mukim masjid" means the area prescribed by the Majlis in accordance with the Enactment within which a mosque is situated, but shall not necessarily coincide with the area of any mukim under the Land Code [F.M.S. Cap. 138];

"nazr", means an expressed vow to do any act or to dedicate property for any purpose allowed by the Law of the Religion of Islam;

"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 and Bilal of a mosque, if any, for the time being;

"Penghulu" means a Penghulu who is in possession of a Kuasa from the Ruler;

"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;

"Religious Appeal Court" means the Religious Appeal Court established under this Enactment;

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

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

"zakat" means the tithe of the crop payable by a person annually under the Religion of Islam in respect of padi planted by him.

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




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