Section 2. Interpretation. (MAJLIS UGAMA ISLAM NEGERI SABAH ENACTMENT 2004

ENACTMENT NO. 5 OF 2004
MAJLIS UGAMA ISLAM NEGERI SABAH ENACTMENT 2004

PART I - PRELIMINARY

Section 2. Interpretation.

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

“ahli kariah” means a person who permanently lives or habitually resides in a kariah masjid;

“Chairman” means the Chairman of the Majlis appointed under subsection 11(1);

“Fund” means the Fund established under section 45;

“Imam” means officer who is appointed under section 62(1);

“Islamic Law” means Islamic Law according to Mazhab Syafie or any one of Mazhab Maliki, Hanafi or Hanbali;

“Jawatankuasa Kariah” means Jawatankuasa Kariah established by regulations made under section 66(1);

“kariah masjid ”, in relation to a mosque, means the area the boundaries of which are determined under section 60(3) in which the mosque is situated;

“Majlis” means the Majlis Ugama Islam Negeri Sabah established under subsection 4(1);

“Minister” means the Minister charged with the responsibility for the administration of Islamic affairs in the State of Sabah;

“mosque” means a building –

used for Friday prayers and other prayers and activities which are enjoined, required, recommended, or approved by religion of Islam; and

the use of which as such is permitted by the Majlis under section 60, and includes any surau, madrasah or other building declared by the Majlis as a mosque under that section;

“muallaf” means a person who is newly converted to the religion of Islam under section 69;

“Mufti” means a person who is appointed as Mufti for the State of Sabah under Fatwa Enactment 2004;

“Muslim” means –

(a) person who professes the religion of Islam;

(b) person either or both of whose parents were at the time of the person’s birth, a Muslim;

(d) a person who is commonly reputed to be a Muslim;

(e) a person who has converted to the religion of Islam in accordance with section 69; or

(f) a person who is shown to have stated, in circumstances in which he was bound by law to state the truth, that he was a Muslim, whether the statement be oral or written;

“nazr” means an expressed vow to do an act for any purpose permitted by Islamic Law;

“nazr am” means a nazr intended wholly or in part for the benefit of the Muslim community generally or any section of the Muslim community, as opposed to an individual person or persons;

“Pegawai Masjid” means the Imam, Bilal and Pembantu Bilal of a mosque;

“previous Enactment” means the Administration of Islamic Law Enactment 1992;

“previous Majlis” means the Majlis Ugama Islam Wilayah Persekutuan established under the previous Enactment;

“Secretary” means the Secretary of the Majlis mentioned in section 17;

“wakaf” means any property from which its benefit or interest may be enjoyed for any charitable purpose whether as wakaf am or wakaf khas in accordance with Islamic Law, but does not include a trust which is defined under the Trustee Act 1949 [Act 208];

“wakaf am” means a wakaf that is created for a general charitable purpose in accordance with Islamic Law; and

“wakaf khas” means a wakaf that is created for a specified charitable purpose in accordance with Islamic Law.

(2) All words and expressions in this Enactment and not defined in this Enactment but defined in Interpretation and General Clauses Enactment 1963 shall have the meanings assigned to them respectively in that Part to the extent that such meanings do no conflict with Islamic Law.

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