CHAPTER 41
MAJLIS ISLAM SARAWAK ORDINANCE 2001

PART I - PRELIMINARY



Section 2. Interpretation.

(1) In this Ordinance, unless the context otherwise requires-

"anak kariah" means a person who is permanently or habitually resident in the kariah masjid;

"appointed date" means the date or dates appointed by the Yang di-Pertua Negeri under section 1;

"Baitulmal" means the fund established under section 45;

"court" means any court in the Federation established under any written law;

"emoluments" means salary or wages and all remunerations in money due to an employee and includes basic pay, fixed rewards, incentive payments and other monthly allowances;

"employer" means the person with whom an employee has entered into a contract of service or apprenticeship and includes-

"fatwa" means an edict issued under section 37 by the Majlis;

"fitrah" means the amount of rice or its equivalent value in money payable under the law of the religion of Islam or Islamic Law annually by a Muslim in the month of Ramadan to be used for religious or charitable purposes recognized by Islamic Law;

"former Majlis" means the Majlis Islam established under the repealed Ordinance;

"Government" means the Government of the State of Sarawak;

"Islamic Law" means Islamic Law according to Mazhab Shafie or any one of Mazhab Maliki, Hanbali or Hanafi as may be determined by the Majlis;

"kariah masjid", in relation to a mosque, means the area, the boundaries of which are determined under section 60, in which the mosque is situated;

"Lembaga" means the Lembaga Baitulmal dan Wakaf, the Lembaga Fatwa, the Lembaga Hal-Ehwal Islam dan Adat Melayu and the Lembaga Masjid-Masjid established under this Ordinance respectively, and when reference is made to such Lembaga singly it refers to, and means, that particular Lembaga referred to only;

"Majlis" means the Majlis Islam Sarawak established under section 3;

"Majlis Mesyuarat Kerajaan Negeri" means the body constituted under Article 6 (1) of the Constitution of the State of Sarawak [G.N.S. 163/63] to advise the Yang di-Pertua Negeri in the exercise of his functions;

"Minister" means the Minister for the time being charged with the responsibility for the Majlis;

"mosque" means a building-

and includes any surau or other building declared by the Majlis as a mosque under that section;

"Mufti" means the Mufti appointed under section 35;

"Muslim" means-

"Muslim convert" means a person who is newly converted to the religion of Islam under section 68;

"National Fatwa Committee" means the committee established by the Rulers' Conference under regulation 11 of the regulations of the National Council for Religious Affairs, Malaysia;

"nazr" means a vow expressed in writing and properly executed in accordance with Islamic Law to do any act or to dedicate property for any purpose permitted by Islamic Law;

"nazr am" means a vow 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;

"pegawai masjid" means the Imam, Khatib, Bilal or Marbot, as the case may be, of a mosque for the time being;

"President" means the President of the Majlis appointed under section 11;

"property" means all property, movable or immovable, and includes all lands, estates, interests, easements and rights, whether equitable or legal, in, to or out of property, and things in action;

"repealed Ordinance" means the Majlis Islam (Incorporation) Ordinance [Cap. 105 (1972 Reprint)];

"Secretary" means the Secretary of the Majlis mentioned in section 23 who shall also be the Secretary of all the Lembaga;

"the State" means the State of Sarawak;

"this Ordinance" means the Majlis Islam Sarawak Ordinance, 2001 [Cap. 41];

"wakaf am" means a dedication in perpetuity of the capital and income of property for religious or charitable purposes recognized by Islamic Law and the property so dedicated;

"wakaf khas" means a dedication in perpetuity, or for a limited period, of the capital of property for religious or charitable purposes recognized by Islamic Law and the property so dedicated, the benefit and income of the property being given to specified persons or for purposes prescribed in the wakaf;

written law" means any written law which is applicable to persons professing the religion of Islam in the State;

"zakat" means a tax imposed on the property and income of a Muslim payable in accordance with Islamic Law.

(2) In this Ordinance, a reference to the Yang di-Pertua Negeri shall be construed as a reference to the Yang di-Pertua Negeri acting on the advice of the Majlis Mesyuarat Kerajaan Negeri or of a member thereof acting under the general authority of the Majlis Mesyuarat Kerajaan Negeri.

(3) All words and expressions used in this Ordinance and not defined in this Ordinance but defined in the Interpretation Ordinance [Cap. 1 (1958 Edition)] or in any written law for the time being in force shall have the meanings assigned to them respectively in that Ordinance or written law to the extent that such meanings do not conflict with Islamic Law.





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