Enactment No. 3 Of 1996
SYARIAH CRIMINAL OFFENCES (STATE OF PENANG) ENACTMENT 1996

PART I - PRELIMINARY



Section 2. Interpretation.

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

"Administration Enactment" means the Administration of Islamic Religious Affairs Enactment of the State of Penang 1993 [Pg. En. 7/93];

"approved home" means any place or institution appointed as such under section 54;

"approved rehabilitation centre" means any place or institution appointed as such under section 54;

"baligh" means having attained the age of puberty according to Islamic Law;

"Court" means the Syariah Subordinate Court, the Syariah High Court, or the Syariah Appeal Court, as the case may be, constituted under section 42 of the Administration Enactment;

"Enactment" means the Administration of Muslim Law Enactment 1959 [Pg. En. 3/59];

''fatwa'' means any fatwa made under section 36 of the Administration Enactment;

"incest" means sexual intercourse between a man and a woman who are prohibited from marrying each other under Islamic Law;

"Islamic Law" means Islamic Law in any mazhab recognised by the Syariah Committee;

"Judge" means a Judge of the Syariah Appeal Court, Syariah High Court, and the Syariah Subordinate Court appointed under sections 44, 45 and 46 respectively, of the Administration Enactment;

"li'an" means an allegation made by a man under oath in accordance with Islamic Law that his wife has committed zina;

"liwat" means sexual relations between male persons;

"Majlis" means the Majlis Agama Islam Negeri Pulau Pinang established under subsection 4 (1) of the Administration Enactment;

"Mufti" means the person appointed to be the Mufti of the State of Penang under section 34 of the Administration Enactment;

"muncikari" means a person who acts as a procurer between a female and male person for any purpose which is contrary to Islamic Law;

"musahaqah" means sexual relations between female persons;

"Syariah Committee" means the Syariah Committee established under section 39 of the Administration Enactment;

"qazaf" means making false allegation on any person;

"takfir" means to regard a Muslim as a non-Muslim;

"zina" means sexual intercourse between a man and a woman out of wedlock.

(2) All words and expressions used in this Enactment and not herein defined but defined in the Interpretation Acts 1948 [Act 388] and 1967 shall have the meanings thereby assigned to them respectively 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 expressions used in this Enactment that are listed in the Schedule, reference may be made to the Arabic script for those words and expressions as shown against them therein.




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