ENACTMENT NO. 4 OF 2002
SHARIAH CRIMINAL OFFENCE (HUDUD AND QISAS)
TERENGGANU ENACTMENT 1423H/2002M


PART I - PRELIMINARY



Section 2. Interpretation.

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

"Court" means the Special Syariah Trial Court and the Special Syariah Court of Appeal established under Part XII of this Enactment;

"diyat" means a sum of money or property payable as a compensation for death or loss of intelligence or injury to any organ which is complete or injury to any (organ which is in pairs) or the loss of function (of any such organ) caused to the victim of an offence. A diyat is equivalent to 100 head of camels or their prevailing price or such sum as may be fixed by the Duli Yang Maha Mulia Sultan from time to time in accordance with Hukum Syarak;

"Fatwa Committee" means the Fatwa Committee established under section 48 of the Administration of Islamic Religions Affairs (Terengganu) Enactment 1422H/2001 M [Tr. En. 2/2001];

"imprisonment" includes an order restricting an offender to reside within a particular area or district in the state;

"irsy" means a sum of money or property or a part of a diyat payable as compensation for injury (jurh) caused to the victim of an offence as specified in Schedule II, III and IV of this Enactment;

"Judge" means a Judge appointed under Part XII of this Enactment;

"mohsan" and "ghairu mohsan" have the same meaning as defined in subsection 12(2);

"mukallaf" means a person who has attained the age of eighteen years and of sound mind;

"nisab" means a sum of money equivalent to the prevailing price of 4.45 grams of gold; or such sum as may from time to time be fixed by the Duli Yang Maha Mulia Sultan according to Hukum Syarak;

"qisas" means the law of retaliation and equality governing offences of causing death of and causing bodily injuries to persons;

"son" includes a grandchild and any person in descending order;

"State Service Commission" means the State Service Commission established under Article LVI of the Laws of the Constitution of Terengganu (First Part);

"wali" means a relative of the victim of crime who is entitled to remit the offence committed by an offender on the victim of the offence:

(2) For the avoidance of doubt as to the identity interpretation of the words and expressions used in this Enactment that are listed in Schedule I, reference may be made to the Arabic script for those words and expressions as shown against them therein.

(3) All words and expressions used in this Enactment and not herein defined but define in the Interpretation Acts 1948 and 1967 [Act 388], shall have the meanings thereby assigned to them respectively to the extent, that such meanings do not conflict with Hukum Syarak.

(4) Save where context otherwise requires, any reference in this Enactment to a specific Part or section or subsection or Schedule shall be construed as a reference to the specific Part or section or subsection or Schedule in this Enactment.




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