ENACTMENT NO. 8 OF 1982 THE ADMINISTRATION OF THE RELIGION OF ISLAM AND,
THE MALAY CUSTOM OF PAHANG ENACTMENT 1982
PART I - PRELIMINARY
Section 2. Interpretation.
In this Enactment, unless the context otherwise requires -
"anak dara" means a female person who has never been married;
"Amil" means a person appointed under this Enactment to collect zakat and fitrah ;
"anak mukim" means a person who permanently or habitually resident in any mukim masjid;
"baligh" means a person who has come of age according to Hukum Syara';
"belanja" means money or thing which have been promised according a local custom between a male person and a female who are bethrothed to each other that will be settled before the taking of the marriage vow;
"Civil Court" means courts established under any written law other than this Enactment;
"convert" means a person who has embraced the religion of Islam and who previously was not a Muslim or had no religion otherwise known as "muallaf" ;
"court" means courts established under this Enactment;
"Court of Appeal" means a Court of Appeal established under this Enactment;
"firtah" means a unit measure of rice or its equivalent value that must be paid by a Muslim under Hukum Syara' ;
"gift" means money or things given by a husband to his wife or a wife to her husband, or otherwise called "pemberian";
"Government" means the Government of the State of Pahang;
"habuan" means the proportion of any property or fund retainable by a person for his services according to Hukum Syara' ;
"Hukum Syara'" means the Law of the Religion of Islam in the Shafie sect or the Laws in the Maliki, Hambali or Hanafi sects which have been approved by His Royal Highness the Sultan on particular matters to be enforced in the State;
"iddah" means the period during which a woman who has been divored or whose husband had died is prohibited by Hukum Syara' to remarry;
"janda" means a female person who is either a widow or divorcee;
"joint property" means income or property acquired through the joint effort of husband and wife and includes income derived from capital acquired through their joint effort;
"Juru Nikah" includes a Wali Hakim who solemnises a marriage according to Hukum Syara' as required under this Enactment;
"Kadi" means a Kadi appointed under this Enactment and includes Kadi Besar;
"Kadi Besar" means the Chief Kadi of the State appointed under this Enactment;
"maintenance" means financial support or expenses for food, clothing and accommodation in respect of every wife, child, janda and other persons who are the dependants of a husband or an ex-husband as required by Hukum Syara' ;
"Majlis" means Council of the Religion of Islam and Malay Custom established under this EnaCtment;
"married woman" means woman who has a husband and still is a dependant of the husband;
"maskahwin" means the obligatory marriage payment due under Hukum Syara' 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 used primarily for Friday prayers;
"mukim and mukim masjid" means an area the boundary of which is determined by the Majlis in accordance with this Enactment and within it is a mosque but the area need not necessarily correspond to the area of a mukim under the National Land Code;
"Muslim" means any person descended from either of the parents who is a Muslim or a "muallaf" ;
"mutaah" means any gift obligatory upon husband to the wife on divorce with particular conditions according to Hukum Syara' ;
"nazar" means an expressed vow to do any act or to dedicate property for any purpose allowed by Hukum Syara' ;
"nazar am" means a "nazar" intended wholly or in part for the benefit of the Muslim community generally as opposed to an individual or individuals;
"pegawai masjid" means Imam, Khatib or Bilal of a mosque;
"Penghulu" means a Penghulu with a Tauliah;
"Property" means all types of property movable and immovable, interests and rights relating to them and includes things such as debts;
"Prosecuting Officer" means prosecuting officers referred to in Section 48 (1)(a), (b) and (c) of this Enactment;
"Registrar" means Chief Registrar of Marriage, Divorce and Rujuk for Muslims and Deputy Registrars appointed under his Enactment;
"Religious Inspector" means "Merinyu Ugama" and includes a Junior Administrative Officer on Religious Affairs otherwise known as Pegawai Pentadbir Rendah Hal Ehwal Ugama;
"rujuk" means reconciliation between husband and wife after having been divorced according to Hukum Syara' ;
"State" means the State of Pahang;
"taklik" means a declaration or an affirmation made by the husband after taking the marriage vow according to section 63 of this Enactment;
"talak" means to dissolve a marriage by way verbal expression by the husband to the wife according to Hukum Syara' ;
"Tauliah" means a letter of authority from His Royal Highness, the Sultan;
"tebus talak" means a wife applying for a divorce by making certain payments to the husband according to Hukum Syara' ;
"ulama" means a citizen of Malaysia who is a Muslim residing in the State and learned in Hukum Syara' ;
"wakaf am" means a dedication in perpetuity of the capital and income of property for religious and charitable purposes recognised by Hukum Syara' and the property so dedicated;
"wakaf khas" means a dedication in perpetuity of the capital and income of property for religious and charitable purposes recognised by Hukum Syara' and the property so dedicated, the income of the property being paid to persons or for purpose as prescribed in the wakaf;
"Wali" means the lawful guardian of a female person who, under Hukum Syara' may sanction her for marriage;
"Yang di-Pertua" means the Yang di-Pertua, Majlis Ugama Islam and Malay Custom;
"Zakat" means a portion of the yearly produce from the cultivation of padi and a portion of income from business, live-stock and includes savings, gold and silver according to Hukum Syara' ;