ENACTMENT NO. 3 OF 1982 ADMINISTRATION OF THE SYARIAH COURT ENACTMENT 1982
PART I - PRELIMINARY
Section 2. Interpretation.
In this Enactment unless the context otherwise requires:
"advocate" means any Pegual Syarie or any advocate and solicitor having a valid practising certificate issued under the Legal Profession Act 1976 [Act 166] or any officer appointed under the Legal Aid Act 1971 [Act 26] or any officer appointed by the State authority;
"Court" means the Mahkamah Rayuan Syariah, and the Courts of Qadhi Besar, Qadhi Khas and Qadhi Jajahan;
"dom" means the personal property of the husband or the wife other than the property acquired by their joint efforts or common fund;
"domicile" means permanently residing or habitually residing in a dwelling house in a particular area;
"fasakh" means the dissolution of marriage on the occurrence of certain event as provided by Hukum Syarak;
"gift inter vivos" means a gratuitions grant or transfer of property by a person in his lifetime to anyone he chooses;
"Government" means the Government of the State of Kelantan;
"ila" means an oath of continency in the name of Allah solemnised by the husband that he will not have sexual intercourse with his wife without stating the period or for a period exceeding four months;
"Ketua Penyelia" means a Ketua Penyelia Ugama and includes Penyelia Ugama appointed under section 7 (1) (b);
"khuluk" means a form of divorce providing for specific payment to the husband and accompanied by a declaration flepudiating the marriage;
"lian" means an imprecation solemnised by the husband accusing his wife of zina;
"maintenance" means the obligatory maintenance imposed by Hukum Syarak for the wife, children, woman within the edah period and the disabled;
"Mahkamah Rayuan Syariah" means the Mahkamah Rayuan Syariah established under section 8 (1) (a);
"Majlis" means the Majlis Ugama Islam dan Adat Istiadat Melayu Kelantan established under section 4 of the Council of Religion and Malay Custom Enactment 1966 [2/1966] or any other written law;
"Mufti" means the Mufti Kerajaan and includes the Deputy Mufti appointed under section 6;
"nasab" means descent through blood relationship according to Hukum Syarak;
"Peguam Syarie" means an advocate who has been duly authorised by the Qadhi Besar under the provisions of section 18.
"Pendakwa" means a Pendakwa Syarie and includes Timbalan Pendakwa Syarie appointed under section 7 (1) (c);
"Penyelia Ugama" means Penyelia Ugama and includes Ketua Penyelia Ugama, Penolong Penyelia Ugama, Pembantu Penyelia Ugama appointed under section 7 (1) (b);
"Property" means all movable and immovable property including money, interest, assets and other rights;
"Qadhi" means a Qadhi Jajahan and includes the Qadhi Besar and the Qadhi Khas appointed under section 7 (1) (a);
"Qadhi Besar" means the Qadhi Besar and includes the Timbalan Qadhi Besar of the State appointed under section 7 (1) (b);
"sepencarian" means the property acquired by the husband and the wife through their joint efforts or common fund;
"State" means the State of Kelantan;
"taliq" means a declaration made by a husband which provide for divorce of his wife on the occurrence of a certain event or act;
"temporary residence (bermukim)" means having a temporary residence in a particular area;
(2) All words, expressions, definitions and terms used in this Enactment and not specially defined shall be deemed to have the meanings given to them in the Interpretation Act 1967 [Act 23/67].
(3) Unless the context otherwise requires, any reference in this Enactment to specific Parts or Sections shall be construed as to the specific Part or Section of this Enactment.
(4) 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 defination to such words, expressions and terms.