ENACTMENT NO. 6 OF 1985
ADMINISTRATION OF THE SYARIAH COURT ENACTMENT 1985

PART I - PRELIMINARY



Section 2. Interpretation.

(1) In this Enactment unless the conteat otherwise requires:

"advocate" means any Peguam Syarie or any advocate and solicitor possessing a practising certificate under the Legal Profession Act 1976 [Act 166].

"Court" means the District Kadi's Court, Kadi Besar's Court and includes Syariah Court of Appeal;

"domicile" means permanently residing or habitually residing in a dwelling house in a particular area;

"Government" means the Government of the State of Malacca;

"Kadi" means any Kadi appointed by the Yang di-Pertuan Agong and includes the Kadi Besar;

"Kadi Besar" means Kadi Besar of the State of Malacca appointed by the Yang di-Pertuan Agong;

"Majlis" means the Majlis Agama Islam of the State of Malacca;

"Mufti" means the Government's Mufti appointed by the Yang di-Pertuan Agong;

"Peguam Syarie" means an advocate who has been given a letter of authority by the Kadi Besar;

"Pendakwa" means Pendakwa Syarie appointed by the Yang di-Pertuan Agong and includes Timbalan Pendakwa Syarie;

"Pemeriksa Agama" means Pemeriksa Agama appointed by the Yang di-Pertuan Agong and includes Ketua Pemeriksa Agama Penolong Pemeriksa Agama, Pembantu Pemeriksa Agama;

"State" means the State of Malacca;

(2) All words, expressions, definitions and terms used in this Enactment and not expressly defined shall be deemed to have the meanings given to them in the Interpretation and General Clauses Ordinance, 1948 [Ord. 7/48].

(3) Unless the context otherwise requires, any reference in this Enactment to specific Parts or Sections shall be construed as to the specific Part or Section of this Enactment.

(4) If any question or dispute arises as to the interpretation of the words, expressions and terms relating to Hukum Syarak, the Court trying the case shall have jurisdiction to give the definition to such words, expressions and terms.




Copyright © PNMB-LawNet. All rights reserved.