ENACTMENT NO. 9 OF 2004 SYARIAH CRIMINAL PROCEDURE ENACTMENT 2004
PART I - PRELIMINARY
Section 2. Interpretation.
(1) In this Enactment, unless the context otherwise requires –
"Chief Syar'ie Judge" has the meaning assigned thereto in the Court Enactment;
"Chief Syar'ie Prosecutor" has the meaning assigned thereto in the Court Enactment;
"complaint" means the allegation made orally or in writing to a Judge with a view to his taking action under this Enactment that some person whether known or unknown has committed or is guilty of an offence;
"Court" or "Syariah Court" has the meaning assigned thereto in the Court Enactment;
"Court Enactment" means the Syariah Court Enactment 2004;
"Enactment" means Majlis Ugama Islam Negeri Sabah Enactment 2004;
"Islamic Law" means Islamic Law according to Mazhab Syafie or any one Mazhab Hanafi, Maliki, or Hanbali;
"Judge" means a Judge appointed under section 6(1), 7(1) or 9(1) of the Court Enactment;
"Majlis" has the meaning assigned thereto in the Enactment;
"Mufti" has the meaning assigned thereto in the Fatwa Enactment 2004;
"non-seizable offence" means an offence punishable with imprisonment for less one year or with fine only for which a Religious Enforcement Officer or Police Officer may not ordinarily arrest without warrant;
"offence" means any act or omission made punishable by any written law prescribing offences against precepts of the religion of Islam and over which the Court has jurisdiction;
"Pegawai Masjid" has the meaning assigned thereto In the Enactment;
"Syar'ie Lawyer" has the meaning assigned thereto in the Court Enactment;
"Prosecutor" means the Chief Syar'ie Prosecutor or the Syar'ie Prosecutor;
"Registrar" means the Chief Registrar of the Syariah Appeal Court, the Registrar of the Syariah High Court, or Assistant Registrars of the Syariah Subordinate Court, as the case may be, appointed under the Court Enactment;
"seizable offence" means all offence punishable with imprisonment for year or more for which a Religious Enforcement Officer or Police Officer may ordinarily arrest without warrant;
"Syar'ie Prosecutor" has the meaning assigned thereto in the Court Enactment;
"witness" does not include an accused person;
"youthful offender" means an offender above the age of ten and below the age of sixteen years.
(2) All words and expressions us in this Enactment and not herein defined but defined in the Interpretation and General Clauses 1963 shall have the meaning thereby assigned thereto to the extent that such meaning do not conflict with Islamic Law.
(3) For the avoidance of doubt as to the identity or interpretation of the words and expressions used in this Enactment that are listed in the Schedule, reference may be made to the Arabic script for those words and expressions as shown against them therein.