ENACTMENT NO. 3 OF 1992
CRIMES (SYARIAH) ENACTMENT 1992

PART I - PRELIMINARY



Section 2. Interpretation.

In this Enactment unless the context otherwise requires-
 
"act preparatory to illicit intercourse" means acts committed together by a man and a woman that would lead to illicit intercourse;

''
akil baligh" means has come of age according to Hukum Syara'; 

"anak dara" means a female who has never had sexual intercourse whether she is married or unmarried;

"ghairu muabbad" means temporarily forbidden to marry;
 
"illegal cohabitation" means staying or living together between a woman and a man who is not her or his mahram other than her or his spouse respectively in a house, room or place in circumstances giving rise to suspicion that they have committed illicit intercourse;

"illicit intercourse" means sexual intercourse other than rape and syubhah intercourse between a man and a woman who are not husband and wife;
"incest" means an act or series of acts which is contrary to Hukum Syara' between a man and a woman who are forbidden from marrying each other;
 
"Judge" means a Judge of the Syariah Court;

"li'an" means a case wheere a man under oath according to Hukum Syara' accuses his wife of having committed illicit intercourse;
 

"Majlis" means the Majlis Agama Islam dan 'Adat Melayu Perak;
 
"Married woman" means a woman who is married and stay married;

"muabbad"
means permanently forbidden to marry;

"musahaqah"
means sexual relations between a woman and a woman;
 
"Syariah Court" or "Court" means any Syariah Court established under the laws of the State;

"syubhah
intercouse" means sexual intercourse between a man and a woman performed on assumption that the marriage is valid but in actual fact the marriage is invalid (facid) or sexual intercourse committed by mistake and includes any sexual intercourse not punishable by way of Had in Islam;

"takfir"
means to regard another Muslim as infidel;

"thayyib" 
means a woman who is not married but has had sexual intercourse.

(2) All words and expressions used in this Enactment and not herein interpreted but interpreted in the Administration of Islamic Law Enactment 1992 unless the context otherwise requires shall have the meaning as assigned to it in the said Enactment.
 
(3) If any doubt or difficulty arises in connection with the interpretation of any word or expression relating to Hukum Syara', it shall be the discretion of the Court to determine the interpretation of such word or expression.




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