ENACTMENT NO. 8 OF 2004 ISLAMIC FAMILY LAW ENACTMENT 2004
PART I - PRELIMINARY
Section 2. Interpretation.
(1) Inthis Enactment, unless the context otherwise requires -
"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 section 1 for the coming into operation of this Enactment;
"baligh"means the age of puberty in accordance with Islamic Law;
"Chief Registrar" means a Chief Registrar of Muslim Marriages, Divorces and Ruju' appointed under section 28;
"Chief Syar'ie Prosecutor" means the officer appointed under section 30(1) of the Court Enactment;
"Court" means the Syariah Subordinate Court or the Syariah High Court, as the case may be, constituted under section 4(1) or 4(2) of the Court Enactment;
"Court Enactment" means Syariah Court Enactment 2004;
"darar syar'ie" means harm, according to what is normally recognized by Islamic Law, affecting a wife in respect of religion, life, body, mind, dignity, or property;
"Enactment" means the Majlis Ugama Islam Sabah Enactment 2004;
"fasakh"means the annulment of a marriage by reason of any circumstance permitted by Islamic Law in accordance with section 53;
"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;
"Islamic Law" means Islamic Law according to Mazhab Syafie or according to one of the Mazhab Maliki, Hanafi or Hanbali;
"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;
"janda"means a woman who has been married and divorced after consummation of marriage;
"kariah masjid" in relation to a mosque, means the area the boundaries of which are determined under section 61 (3) of the Court Enactment;
"Majlis" means the Majlis Ugama Islam Sabah established under the Majlis Ugama Islam Negeri Sabah Enactment 2004;
"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;
"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 Senior Registrar of Muslim Marriages, Divorces and Ruju' appointed under section 28, and includes a Registrar and an Assistant Registrar;
"resident" means permanently living or ordinarily residing in a particular area;
"ruju'" means a return to the original marriage state;
"State" includes the Federal Territories of Kuala Lumpur, Labuan and Putrajaya;
"Syariah Appeal Court" means the Syariah Appeal Court constituted under section 4(3) of the Court Enactment;
"Syariah Appeal Court Judge" means a Syariah Appeal Court Judge appointed under section 6(1) of the Court Enactment;
"Syar'ie Judge" or "Judge" means a Judge of the Syariah Subordinate Court or the Syariah High Court, as the case may be, appointed under section 9(1) or 7(1) of the Court Enactment;
"Syar'ie Lawyer" means a person who is admitted under section 32 of the Court Enactment to be a Syar'ie Lawyer;
"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 Had in Islam;
"ta'liq" means a promise expressed by the husband after the solemnization of marriage in accordance with Islamic Law and the provisions of this Enactment;
"thayyib" means a woman who has had sexual intercourse;
"wali Mujbir" means the father or paternal grandfather and above;
"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 State, to give away in marriage a woman who has no wali from nasab;
"widow" means a woman whose husband has died;
"widower" means a man whose wife has died.
(2) All words and expressions used in this Enactment and not herein defined but defined in the Interpretation and General Clauses 1963 shall have the meanings assigned thereto 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 expression used in this Enactment 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 Minister may from time to time amend, delete from or add to the Schedule.