CHAPTER 43
ISLAMIC FAMILY LAW ORDINANCE, 2001

PART I - PRELIMINARY



Section 2. Interpretation

(1) In this Ordinance, unless the context otherwise requires –

"appointed date" means the date appointed under section 1 (2) for the coming into force of this Ordinance;

"attachment of earnings order" means an order made under section 81;

"baligh" means the age of puberty according to Islamic Law;

"Chief Registrar" means the Chief Registrar of Muslim Marriages, Divorces and Ruju' appointed under section 26(2);

"Chief Syariah Judge" means the Chief Syariah Judge appointed under section 4 of the Syariah Courts Ordinance, 2001 [Cap. 42];

"Chief Syariah Prosecutor" means the officer appointed under section 26 of the Syariah Courts Ordinance, 2001 [Cap. 42];

"Court" or "Syariah Court" means the Syariah Subordinate Court, the Syariah High Court or the Syariah Appeal Court, as the case may be, constituted under section 3 of the Syariah Courts Ordinance, 2001 [Cap. 42];

"darar syarie" means harm, according to what is normally recognized by Islamic Law, affecting a wife in respect of religion, life, body, mind, dignity, or property;

"defendant", in relation to a maintenance order or a related attachment of earnings order, means the person liable to make payments under the maintenance order;

"divorcee" means a woman who has been married and divorced after consummation of marriage;

"earnings", in relation to a defendant, means any sums payable to him-

"employer" means a person by whom, as a principal and not as a public servant or agent, earning fall to be paid to an employee in his employment;

"fasakh" means the annulment of a marriage by reason of any circumstance permitted by Islamic Law in accordance with section 51;

"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;

"harta sepencarian" means property jointly acquired by husband and wife during the subsistence of marriage in accordance with the conditions stipulated by Islamic Law;

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

"iqrar" means an admission made by a person, in writing or orally or by gesture, stating that he is under an obligation or liability to another person in respect of some right;

"Islamic Law" means Islamic Law according to Mazhab Syafie or according to one of the Mazhab Maliki, Hanbali or Hanafi as may be determined by the Majlis;

"Judge" or "Syariah Judge" means the Chief Syariah Judge or the Judge of the Syariah Appeal Court, the Syariah High Court or the Syariah Subordinate Court, as the case may be, appointed under section 4, 5, 6 or 8 of the Syariah Ordinance, 2001 [Cap. 42];

"kariah masjid", in relation to a mosque, means the area the boundaries of which are determined under section 60 of the Majlis Islam Sarawak Ordinance, 2001 [Cap. 41];

"Majlis" means the Majlis Islam Sarawak established under section 3 of the Majlis Islam Sarawak Ordinance, 2001 [Cap. 41];

"mas kahwin" means the obligatory marriage payment due under Islamic Law 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 Islamic Law, is capable of being valued in terms of money;

"mut'ah" means a consolatory gift that is reasonable according to Islamic Law given to a divorced wife;

"nasab" means descent based on lawful blood relationship;

"Peguam Syarie" means a person who is admitted under section 28 of the Syariah Courts Ordinance, 2001 [Cap. 42] to be a Peguam Syarie;

"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;

"Registrar" means the Registrar of Muslim Marriages, Divorces and Ruju' appointed under section 26(3), and includes the Deputy Registrar and Assistant Registrars;

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

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

"State" means the State of Sarawak;

"syubhah intercourse" means intercourse performed on erroneous impression that the marriage was valid when in fact the marriage was not valid (fasid) or intercourse by mistake and includes any intercourse not punishable by Hadd in Islam;

"ta'liq" means a promise expressed by the husband after the solemnization of marriage in accordance with Islamic Law an the provisions of this Ordinance;

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

"wali Hakim" means a wali appointed and authorized by the Yang di-Pertua Negeri under section 6(3) to give away in marriage a woman who has no wali from nasab;

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

"widow" means a woman whose husband has died.

(2) All words and expressions used in this Ordinance and not herein defined but defined in the Interpretation Ordinance [Cap.1 (1958 Ed)], the Majlis Islam Sarawak Ordinance, 2001 [Cap 41], the Syariah Courts Ordinance 2001 [Cap.42] or any other written law shall have the meanings assigned to them respectively by those Ordinances or written law to the extent that such meanings do not conflict with Islamic Law.

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

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




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