ENACTMENT NO. 4 OF 1994
COUNCIL OF THE RELIGION OF ISLAM AND MALAY CUSTOM, KELANTAN ENACTMENT 1994

PART I - PRELIMINARY



Section 2. Interpretation.

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

"amil" means a person appointed under section 53 (1) to collect zakat and fitrah;

"anak mukim" means a person permanently or habitually resident in any Mukim masjid;

"Court" has the same meaning assigned thereto in the Administration of the Syariah Court, Enactment 1982 [En. 3/82];

"Deputy Mufti" has the same meaning assigned thereto in the Administration of the Syariah Court Enactment 1982 [En. 3/82];

"Dewan" means the Dewan Syura constituted under section 40;


"fitrah" means the amount of rice or the equivalent value thereof which is compulsorily paid in every year by every Muslim in accordance with the Hukum Syarak;


"Jamaah Ulama'" means the Jamaah Ulama' constituted under section 33;


"Majlis" means the Majlis Agama Islam dan Adat Istiadat Melayu Kelantan constituted under section 5;

"mosque" means a building erected or used or caused to be used for holding the Jumaat prayer;


"mualIaf' means a person who has recently adopted the religion of Islam;

"mukim" or "mukim masjid" means the area prescribed by the MajIis in accordance with this Enactment within which a mosque is situated;

"Mufti" has the same meaning assigned thereto in the Administration of Syariah Court Enactment, 1982;

"muslim" means a person who is descended from both parents or one parent who is a Muslim or a muallaf;

"nazar" means a vow which is expressed and made in accordance with the Hukum Syarak to do any act or to dedicate property as a wakaf for the benefit of the Muslims generally or in part;

"pegawai masjid" means the Imam Tua, Imam Muda and Bilal of a mosque;

"Penyelia Agama" has the same meaning assigned thereto in the Administration of Syariah Court Enactment, 1982 and includes the Ketua Penyelia Agama, Penolong Penyelia Agama and Pembantu Penyelia Agama;

"Pendakwa" has the same meaning assigned thereto in the Administration of Syariah Court Enactment, 1982 and includes the Timbalan Pendakwa Syarie;

"President" means the President of the Majlis appointed under section 9 and includes the vice-President;


"Pusat Bimbingan Islam." means a centre for detention, education and guidance or a school established by Majlis Agama Islam dan Adat Istiadat Melayu Kelantan;

"Qadhi" has the same meaning assigned thereto in the Administration of Syariah Court Enactment, 1982 [En. 3/82] and includes the Qadhi Besar and the Timbalan Qadhi Besar;

"religion" means the Religion of Islam;

"Secretary" means the Secretary of the Majlis appointed under section 10;

"State" means the State of Kelantan;

"tauliah" means the letter of authority issued by His Royal Highness the Sultan under this Enactment;

"wakaf am" means a dedication in perpetuity of the capital and income of any property for religious or charitable purposes recognised by Hukum Syarak including the properties so dedicated;

"wakaf khas" means a dedication in perpetuity of the capital and income of property for religious or charitable purposes recognised by Hukum Syarak and includes the properties so dedicated, and the income of the properties being paid to persons or for purposes prescribed in the wakaf;

"will" means the declaration of a person in his life time to provide for something for the purpose of charity or dependants according to the Hukum Syarak after his death;

"zakat" means a levy from properties including padi, gold, silver, cash, animals, trading properties, minerals, rikaz and others which ought to be paid and given out by every Muslim when the conditions are satisfied according to Hukum Syarak.

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

(3) All words and expressions used in this Enactment and not herein defined but defined in the Interpretation Act 1948 and 1967, shall have the same meanings assigned to them respectively by the said Act to the extent that such meanings do not contlict with Hukum Syarak.




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