ENACTMENT NO. 12 OF 1985 ADMINISTRATION OF ISLAMIC FAMILY LAW ENACTMENT 1985
PART I - PRELIMINARY
Section 2. Interpretation.
Interpretation.
(1) In this Enactment, unless the context otherwise requires-
"Administration Enactment" means the Administration of Islamic Religious Affairs Enactment 1986 [Tr. En. 12/86];
"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(2) for the coming into operation of this Enactment;
"Chief Registrar" means the Chief Registrar of Muslim Marriages, Divorces, and Ruju' appointed under section 26;
"Court" means the Syar'iah High Court or a Syar'iah Subordinate Court, as the case may be, constituted under section 29 of the Administration Enactment;
"dara syar'i" means harm, according to what is normally recognized by Hukum Syara', affecting a wife in respect of religion, life, body, mind, or property;
“fasakh” means the dissolution of a marriage by reason of any circumstance permitted by Hukum Syara’ in accordance with section 49;
"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 acquired jointly by husband and wife during the subsistence of marriage in accordance with the conditions stipulated by Hukum Syara';
"illegitimate", in relation to a child, means born out of wedlock but not as a result of syubhat intercourse;
"janda" means a woman who has been married and divorced after consummation;
"Jurunikah" means a Jurunikah appointed under section 26;
"Kitabiyah" means-
(a) a woman whose ancestors were from the Bani Ya'qub; or
(b) a Christian woman whose ancestors were Christians before the prophethood of the Prophet Muhammad; or
(c) a Jewess whose ancestors were Jews before the prophethood of the Prophet 'Isa;
"Majlis" means the Majlis Agama Islam dan Adat Melayu constituted under section 5 of the Administration Enactment;
"mas kahwin" means the obligatory marriage payment due under Hukum Syara' by the husband to the wife at the time their 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 Hukum Syara', is capable of being valued in terms of money;
"mukim" has the same meaning as in the National Land Code [56/65];
"mut'ah" means a consolatory gift that is given according to Hukum Syara' to a divorced wife;
"nasab" means descent through lawful blood relationship according to Hukum Syara';
"pronouncement", in relation to talaq, means pronouncement verbally, in writing, or by means of signs;
“Registrar” means a Registrar of Muslim Marriages, Divorces, and Ruju’ appointed under section 26, and, except in section 6, includes a Deputy Registrar and an Assistant Registrar;
“resident” means permanently or ordinarily living in a particular area;
“ruju” means a return to the original married state;
"State" includes the Federal Territory;
"Syar'iah Judge" means a Qadi appointed under section 28 of the Administration Enactment, and includes the Chief Qadi and the Deputy Chief Qadi;
"syubhat intercourse" means intercourse performed on the erroneous impression that the marriage was valid or intercourse by mistake, and includes any intercourse not punishable by had in Islam;
"ta'liq" means a declaration, whether verbal or in writing, made by the husband upon solemnization of marriage or at any time thereafter, that his wife will become divorced upon the occurrence of the contingency specified in the declaration;
"thayyib" means a woman who has had sexual intercourse;
"wali Raja" means a person authorized by Tau1iah by the Ruler to be the wali in the marriage of any woman who has no wali according to Hukum Syara';
"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 Administration Enactment shall, unless the context otherwise requires, have the meanings thereby assigned to them respectively.