ENACTMENT No. 9 Of 1962
ADMINISTRATION OF MUSLIM LAW ENACTMENT

PART I - PRELIMINARY



Section 2. Interpretation.

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

"anak dara" means a female who has never been married or had sexual intercourse within the meaning of the Muslim Law;

"anak kariah" means the person permanently or habitually resident in any kariah masjid;

''Appeal Committee" means the Appeal Committee established under section 42;

"Civil Court" means any Court other than a Court constituted by this Enactment;

"Court" means the Court of a Kathi or of the Kathi Besar or the Appeal Committee as the case may be;

"eddah" means the period within which a divorced woman or a widow is forbidden by Muslim law to marry;

"The Fund" means the General Endowment Fund established under section 89;

"Government" means the Government of the State of Kedah;

"Illicit intercourse" means sexual intercourse not amounting to rape between any male and any female who is not his wife or with whom he is forbidden by Muslim Law to marry;

"janda" means a female who is not an "anak dara";

"jawatan kuasa kariah" means a Committee of a kariah masjid appointed under rules made under section 113;

"kariah" and "kariah masjid" mean the area prescribed by the Majlis in accordance with section 108 within which a mosque is situated;

"Kathi" means a Kathi appointed under section 39 and includes the Kathi Besar;

"Kathi Besar" means the Kathi Besar, Kedah appointed under section 39;

"Fetua Committee" means the Fetua Committee appointed under section 36;

"Majlis" means the Majlis Ugama Islam, Kedah, constituted by section 4;

"married woman" means a female who has been married and whose marriage is still in force;

"mas-kahwin" means the obligatory marriage-payment due under Muslim Law 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 erected or used for the purpose of holding the prayers, services and other ceremonies connected with the Muslim Religion and includes a Surau;

"nazr" means an expressed vow to do any act or to dedicate property for any purpose allowed by Muslim Law;

"nazr 'am" means a nazr intended wholly or in part for the benefit of the Muslim community generally or part thereof, as opposed to an individual or individuals;

"pegawai masjid" means the Imam, Bilal and Siak if any, for the time being;

"pemberian" means the marriage gift in cash or in kind made by the husband to the wife at the time of the marriage;

"Penghulu" means a Penghulu who is appointed in accordance with the Penghulu Scheme of Service of the State;

"President" means the President of the Majlis;

"property" includes all estates, interests, easements and rights, whether equitable or legal, in, to or arising out of property, and things in action;

"Registrar" means a person appointed as Registrar of Muslim Marriages and Divorces under section 115 of this Enactment and includes ex-officio Registrar;

"State" means the State of Kedah;

"wakaf 'am" means a dedication in perpetuity of the capital and income of property for religious or charitable purposes recognised by Muslim Law and the property so dedicated;

"wakaf khas" means a dedication in perpetuity of the capital of property for religious or charitable purposes recognised by Muslim Law and the property so dedicated, the income of the property being paid to persons or for purposes prescribed in the wakaf;

"wali" means the lawful guardian according to Muslim Law of a woman who is to be married;

(2) All words and phrases used in this Enactment and not herein defined which are defined in the Interpretation and General Clauses Ordinance, 1948, shall have the meanings thereby assigned to them respectively.

(3) Unless the context otherwise requires any reference in this Enactment to a specified Part or Section is a reference to that Part or Section of this Enactment.




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