ENACTMENT NO 3 OF 2005 ISLAMIC FAMILY LAW ENACTMENT 2005
PART I - PRELIMINARY
Section 2.Interpretation
(1) In this Enactment, unless the context otherwise requires “Administration Enactment” means the Administration of Islamic Law Enactment 1991 [Enactment No. 3 of 1991];
“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 for the coming into operation of this Enactment;
“baligh” means the age of puberty in accordance with Hukum Syarak;
“Chief Registrar” means a Chief Registrar of Muslim Marriages,Divorces and Ruju’ appointed under section 28;
“Chief Syarie Prosecutor” means the officer appointed under subsection 65(1) of the Administration Enactment;
“Court” means the Syariah Subordinate Court or the Syariah High Court, as the case may be, constituted under section 42 of the Administration Enactment;
“darar syarie” means harm, according to what is normally recognized by Hukum Syarak, affecting a wife in respect of religion,life, body, mind, dignity, or property;
“fasakh” means the annulment of a marriage by reason of any circumstance permitted by Hukum Syarak in accordance with section 53;
“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 jointly acquired by husband and wife during the subsistence of marriage in accordance with the conditions stipulated by Hukum Syarak;
“Hukum Syarak” means Islamic Law according to Mazhab Shafie or according to one of the Mazhab Maliki, Hanafi or Hambali;
“‘iddah” means a period during which a woman who has been divorced or whose husband has died is prohibited by Hukum Syarak to remarry;
“illegitimate” in relation to a child, means born out of wedlock but not as a result of syubhah intercourse;
“iqrar” means an admission made by a person, in writing or orally or by gesture, stating that he is under an obligation or liability to another person in respect of some right;
“janda” means a woman who has been married and divorced after consummation of marriage;
“kariah masjid” in relation to a mosque, means the area the boundaries of which are determined under section 91 of the Administration Enactment;
“Majlis” means the Majlis Ugama Islam dan Adat Resam Melayu Pahang established under subsection 4(1) of the Administration Enactment;
“mas kahwin” means the obligatory marriage payment due under Hukum Syarak by the husband to the wife at the time the 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 Syarak, is capable of being valued in terms of money;
“mut’ah” means a consolatory gift that is reasonable according to Hukum Syarak, given to a divorced wife;
“nasab” means descent based on lawful blood relationship;
“nusyuz” means an action of a wife against her husband which according to Hukum Syarak is considered disobedient;
“Peguam Syarie” means a person who is admitted under section 66 of the Administration Enactment to be a Peguam Syarie;
“pemberian” means a gift whether in the form of money or things given by a husband to a wife at the time of the marriage;
“Registrar” means the Senior Registrar of Muslim Marriages, Divorces and Ruju’ appointed under section 28, and includes a Registrar and an Assistant Registrar;
“Religious Officer” means a District Islamic Religious Officer or an Islamic Religious Affairs Officer;
“resident” means permanently living or ordinarily residing in a particular area;
“ruju’” means a return to the original marriage state;
“State” includes the Federal Territories of Kuala Lumpur, Labuan and Putrajaya;
“Syariah Appeal Court” means the Syariah Appeal Court constituted under section 42 of the Administration Enactment;
“Syariah Appeal Court Judge” means a Syariah Appeal Court Judge appointed under section 54 of the Administration Enactment;
“Syarie Judge” or “Judge” means a Judge of the Syariah High Court or the Syariah Subordinate Court, as the case may be, appointed under subsection 43(1) or 45(1) of the Administration Enactment;
“syubhah intercourse” means intercourse performed on erroneous impression that the marriage was valid when in fact the marriage was not valid or intercourse by mistake and includes any intercourse not punishable by Had in Islam;
“ta’liq” means a promise expressed by the husband after the solemnization of marriage in accordance with Hukum Syarak and the provisions of this Enactment;
“thayyib” means a woman who has had sexual intercourse;
“wali Hakim” means a wali authorized by the His Royal Highness the Sultan to give away in marriage a woman who has no wali from nasab
“wali Mujbir” means the father or paternal grandfather and above;
“widow” means a woman whose husband has died;
“widower ”means a man whose wife has died.
(2) All words an expressions used in this Enactment and not herein defined but defined in the Interpretation Acts 1948 and 1967 [Act 388] shall have the meanings assigned thereto to the extent that such meanings do not conflict with Hukum Syarak.
(3) For the avoidance of doubt as to the identity or interpretation of the words and expression used in this Enactment that are listed in the Schedule, reference may be made to the Arabic script for those words and expressions shown against them therein.
(4) His Royal Highness the Sultan may from time to time amend,delete from or add to the Schedule.
(5) Any provisions or interpretation in this Enactment which is inconsistent with Hukum Syarak shall, to the extent of the inconsistency, be void.
(6) In the event of a lacuna or where any matter is not expressly provided for in this Enactment, the Court shall apply Hukum Syarak.