Section 2. Interpretation (ADMINISTRATION OF ISLAMIC LAW (KEDAH DARUL AMAN) ENACTMENT 2008.

ENACTMENT No. 5 Of 2008
ADMINISTRATION OF ISLAMIC LAW (KEDAH DARUL AMAN) ENACTMENT 2008.

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;

“Baitulmal” means the fund established under section 47;

“previous Enactment” means the Administration of Muslim Law Enactment of the State of Kedah 1962 [Enactment No. 9/1962];

“Hukum Syarak” means Hukum Syarak according to Mazhab Syafie or according to any one of Mazhab Hanafi, Maliki, or Hambali;

“Jawatankuasa Kariah” means Jawatankuasa Kariah established by regulations made under section 67;

“kariah masjid” in relation to a mosque, means the area in which the mosque is situated;

“Chief Syarie Judge” means the Chief Syarie Judge appointed under subsection 4(1) Syariah Courts (Kedah Darul Aman) Enactment 2006;

“Chief Religious Enforcement Officer” and “Religious Enforcement Officer” means the officers appointed as such under section 45;

“Chief Syarie Prosecutor” means the officer appointed under subsection 44(1);

“Syariah Court” or “Court” means the Syariah High Court or the Syariah Subordinate Court, as the case may be, appointed under Syariah Courts (Kedah Darul Aman) Enactment 2008;

“civil court” means any court established under Article 121 of the Federal Constitution;

“Majlis” means the Majlis Agama Islam Negeri Kedah Darul Aman established under subsection 4(1);

“previous Majlis” means the Majlis Agama Islam Negeri Kedah established under the previous Enactment;

“mosque” means a building-

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

(b) the use of which as such is permitted by the Majlis under section 61,

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 70;

“Mufti” means the person who is appointed the Mufti for the State of Kedah Darul Aman under the Mufti and Fatwa (Kedah Darul Aman) Enactment 2008;

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

“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;

“State” means the State of Kedah Darul Aman;

“Muslim” means-

(a) a person who professes the religion of Islam;

(b) a 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 71; 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;

“Pegawai Masjid” means a person appointed under section 63;

“Peguam Syarie” means a person who has been admitted as a Peguam Syarie under section 46;

“Syarie Prosecutor” means an officer appointed under subsection 44(3);

“President” means the President of the Majlis mentioned in subsection 15(1);

“Secretary” means the Secretary of the Majlis mentioned in section 16;

“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 Hukum Syarak, 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 Hukum Syarak;

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

(2) All words and expressions in this Enactment and not defined in this Enactment but defined in of the Interpretation Act 1948 and 1967 [Act 388] shall have the meanings assigned to them respectively to the extend that such meanings do no conflict with Hukum Syarak.

(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.