Section 2. Interpretation. (ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS (TERENGGANU) ENACTMENT 1422H/2001M

ENACTMENT NO. 02 OF 2001
ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS (TERENGGANU) ENACTMENT 1422H/2001M

PART I - PRELIMINARY

Section 2. Interpretation.

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

“anak qaryah” means a person who permanently lives or habitually resides in a mukim masjid;

“Civil Court” means any court established under Article 121 of the Federal Constitution;

“Chief Syariah Enforcement Officer” and “Syariah Enforcement Officer” means an officer appointed as such under subsection 56 (1);

“Chief Syarie Prosecutor” means the officer appointed under subsection 55 (1);

“Commissioner” means Commissioner of Religious Affairs appointed under section 5;

“Fatwa Committee” means the committee established under section 48;

“the four Mazhabs” means Mazhab Syafii, Hanafi, Maliki and Hambali;

“Fund” means the Fund of the Majlis established under subsection 58 (1);

“fitrah” means the amount of rice or any other staple food prescribed by the Majlis from time to time or its value, payable according to Hukum Syarak annually by the Muslim and to be used according as permitted by Hukum Syarak;

“Gantang Baghdad” means So’ Madani or So’ Nabawi as recognized conclusively by leading authorities of Islamic jurisprudence;

“Jawatankuasa Masjid” means Jawatankuasa Masjid established by regulations made under section 89;

“Majlis” means the Majlis Agama Islam dan Adat Melayu established under subsection 4 (1);

“mosque” means a building-

(a)

used for Friday prayers and other prayers and the performance of other

amal ibadat

relating to the Religion of Islam; and

(b)

the use of which as such is permitted by the Majlis under section 82,

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

“muallaf” means a person who is newly converted to Islam under section 91;

“Mufti” means a person who is appointed to be the Mufti for the State of Terengganu under section 46, and includes the Deputy Mufti;

“Mukim Masjid”, in relation to a mosque, means the area in which the mosque is situated;

“nazar” means an expressed vow to do an act for any purpose permitted by Hukum Syarak;

“nazar am” means a nazar 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 Besar, Imam, and Bilal of a mosque;

“Peguam Syarie” means a person who has been admitted as a Peguam Syarie under section 57;

“President” means the President of the Majlis mentioned in subsection 8 (1);

“previous Enactment” means the Administration of Islamic Religious Affairs Enactment 1986 [Tr. En . 12/86];

“previous Majlis” means the Majlis Agama Islam dan Adat Melayu established under the previous Enactments;

“Secretary” means the Secretary of the Majlis appointed under section 5;

“State” means any State in Malaysia, and includes the Federal Territories;

“Syariah Court” or “Court” means the Syariah High Court or Syariah Subordinate Court, as the case may be, established under Syariah Court (Terengganu) Enactment 2001 [Tr. En. 3/2001];

“Syarie Prosecutor” means an officer appointed under subsection 55(3);

“wakaf” means any property from which its benefit or interest may be enjoyed for any charitable purpose whether as “wakaf am” or “wakaf khas” in accordance with Hukum Syarak, but does not include a trust which is defined under the Trustee Act 1949 [Act 208];

“wakaf am” means a wakaf that is created for a general of the charitable purpose in accordance with Hukum Syarak;

“wakaf khas” means a wakaf that is created for specified charitable purpose in accordance with Hukum Syarak;

(2) All words and expressions used in this Enactment and not defined in this Enactment but defined in Part I of the Interpretation Acts 1948 and 1967 [Act 388], shall have the meaning assigned to them respectively in that Part to the extend that such meanings do not conflict with Hukum Syarak.

(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 First Schedule, reference may be made to the Arabic script for those words and expressions as shown against them in the Schedule.