ENACTMENT NO. 5 OF 1992
ADMINISTRATION OF THE SYARIAH COURT ENACTMENT 1991

PART I - PRELIMINARY



Section 2. Interpretation.

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

"advocate" means any Peguam Syarie or any advocate and solicitor who is a Muslim and who is registered and has a valid practising certificate issued under the Legal Profession Act 1976 who is empowered to act in the Court by the Majlis under section 25 and includes any officer who is a Muslim appointed under the Legal Aid Act 1971 [Act 26].

"Appeal Committee" means the Appeal Committee constituted under section 7;

"Court" means the Appeal Committee, the Court of Kadi Besar and the Court of Kadi, as the case may be;

"Civil court" means any court other than a court constituted under the Enactment;

"Majlis " means the Majlis Agama Islam and Adat Istiadat Melayu Perlis established under section 4 of the Administration of Muslim Law Enactment 1963;

"Mufti" means the Mufti appointed under section 9 of the Administration of Muslim Law Enactment 1963;

"seal" means the seal provided for under section 21;

"Peguam Syarie" means an advocate who is a Muslim and who has been duly authorised by the Majlis under section 24;

"Pendakwa" means a Pendakwa Syarie and includes a Timbalan Pendakwa Syarie appointed under section 6(1)(b);

"Pegawai Penguatkuasa Syariah" has the same meaning as "Pegawai Penguatkuasa Syariah" under section 2 of the Administration of Muslim Law Enactment, Perlis 1963;

"Kadi" means a Kadi appointed under section 6;

"Kadi Besar" means the Kadi Besar appointed under section 6;

"President" means the President of the Majlis;

"Registrar" means a Registrar of the Court appointed under section 6(1) (c) and includes an Assistant Registrar;

"State" means the State of Perlis;

"State Islamic Law' means all written Islamic Laws in force in the State and all amendments made thereto from time to time;

(2) Words and expressions importing the masculine gender include the feminine.

(3) Words and expressions in the singular include the plural and words and expressions in the plural include the singular.

(4) 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 Act 1967 [Act 388].

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

(6) 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.




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