ENACTMENT NO. 10 OF 2004 SYARIAH CIVIL PROCEDURE ENACTMENT 2004
PART I - PRELIMINARY
Section 3. Interpretation.
(1) In this Enactment, unless the context otherwise requires –
"bailiff' includes the Registrar or any clerk or officer of the Court charged with performing the duties of a bailiff;
"certified translation" means a translation of any document certified as correct by an officer of the Court or by any other person accepted by the Court;
"Court Enactment" means the Syariah Court Enactment 2004;
"Court" or "Syariah Court" has the meaning assigned thereto in the Court Enactment;
"day of appearance" means the day appointed in any summons or other proceedings for the appearance of the defendant or any other day for hearing of the proceedings;
"form" means a form set out in the Third Schedule, and a form referred to by a number means the form so numbered in that Schedule;
"Islamic Law" means Islamic Law according to Mazhab Syafie or any one of Mazhab Hanafi, Maliki, or Hanbali;
"Judge" or "Syar'ie Judge" means the Chief Syar'ie Judge, a Judge of the Syariah High Court or a Judge of the Syariah Subordinate Court, as the case may be, appointed under the Court Enactment;
"judgment" includes grounds of judgment;
"judgment creditor" means person having the right to enforce judgment for payment of money either by instalment or otherwise;
"judgment debtor" means a person liable under any judgment for payment of money;
"lien" means a right on the property of a judgment debtor to the extent of the indebtedness;
"Majlis" has the meaning assigned thereto in the Court Enactment;
"minor" means a person who has not attained the age of eighteen years;
"notice" means written notice unless the Court in any case shall order otherwise;
"person under disability" includes an infant, a person of unsound mind and a person prohibited from administering his property;
"prescribed" means prescribed by rules made under this Enactment;
"Registrar" means the Chief Registrar of the Syariah Appeal Court, the Registrar of the Syariah High Court, or an assistant Registrar of the Syariah Subordinate Court, as the case may be, appointed under the Court Enactment;
"Syar'ie Lawyer" has the meaning assigned thereto in the Court Enactment;
(2) All words and expressions used in this Enactment and not herein defined but defined in Part I of the Interpretation and General Clauses Enactment 1963 shall have the meanings assigned thereto in that Part 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 words and expressions used in this Enactment that are listed in the First Schedule, reference maybe made to the Arabic script for those words and expressions as shown against them therein.