Original Enactment


PAHANG

ENACTMENT NO. 8 OF 1982
THE ADMINISTRATION OF THE RELIGION OF ISLAM AND THE MALAY CUSTOM OF PAHANG ENACTMENT 1982

Date of Royal Assent :14 January 1983
Date of publication in the Gazette :3 February 1983
Date of coming into operation :1 January 1983
ARRANGEMENT OF SECTIONS
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Long Title & Preamble

PART I - PRELIMINARY

Section 1. Short title and commencement.
Section 2. Interpretation.
Section 3. Saving of prerogative.
Section 4. Saving of Liberties for Civil Courts and Religion.

PART II - CONSTITUTION OF MAJLIS

Section 5. Constitution of Majlis.
Section 6. Majlis to be a corporation.
Section 7. Right to sue.
Section 8. Contracts and property.
Section 9. Power to administer estates.
Section 10. Further powers and duties.
Section 11. Vesting of property by HRH the Sultan.
Section 12. Vesting to Majlis before this Enactment.
Section 13. Devolution of powers.
Section 14. Membership and appointment.
Section 15. Termination of appointment.
Section 16. Cancellation of appointment.
Section 17. Temporary appointment.
Section 18. Notification of Appointments.

Proceedings

Section 19. Chairman.
Section 20. Quorum.
Section 21. Presence of non-Members.
Section 22. Use of seal.
Section 23. Conduct of business.
Section 24. Summoning of meetings.
Section 25. Powers of the Yang di-Pertua.
Section 26. Duties and powers of Secretary.
Section 27. Minutes.
Section 28. Order of business and voting.
Section 29. Certified copies of resolution.
Section 30. Appearance by the Majlis.
Section 31. Acting in emergency.
Section 32. Delegation of powers.
Section 33. Secrecy.
Section 34. Majlis to prescribe its own procedure.

Authority in Religious Matters

Section 35. Authority of the Majlis.

Mufti and Syariah Committee

Section 36. Appointment of Mufti .
Section 37. The Syariah Committee.
Section 38. Fatwa.
Section 39. Authorities to be followed.

PART III - CONSTITUTION OF SYARIAH COURTS APPOINTMENT OF OFFICERS AND THEIR JURISDICTION

Section 40. Appointment of Kadi Besar and other officers and the authority to confer Tauliah to them.
Section 41. Power of Majlis to appoint.
Section 42. Constitution of Syariah Courts.
Section 43. Jurisdiction of the Court.
Section 44. Court of Appeal.
Section 45. Jurisdiction of the Court Appeal.
Section 46. Powers of the Court of Appeal in a hearing.
Section 47. Power of revision of the Court of Appeal.
Section 48. Prosecution.
Section 49. Offences for which arrest may be made without warrant.
Section 50. Offences for which arrest cannot be made without warrant.
Section 51. Officers and empowered to arrest without warrant and when to do so.
Section 52. Action to be taken after arrest without warrant.
Section 53. Power to investigate.
Section 54. Savings of powers.
Section 55. Certificate of distribution.

PART IV - MARRIAGE, DIVORCE AND RUJUK

Section 56. Appointment of Registrar of Marriage, Divorce and Rujuk .
Section 57. Appointment of Juru Nikah.
Section 58. Bethrothal.
Section 59. Authority to solemnise.
Section 60. Marriage of Janda.
Section 61. Place of marriage.
Section 62. Duties of Juru Nikah.
Section 63. Duties of bride and bridegroom.
Section 64. Application to marry.
Section 65. Application to marry more than one.
Section 66. Maskahwin .
Section 67. Divorce by Talak .
Section 68. To Register a divorce.
Section 69. Offence on apportioned property.
Section 70. Sentence.
Section 71. Claims by a woman who has been divorced.
Section 72. Powers of Court on claims by a woman who has been divorced.
Section 73. Tebus Talak or divorce at wife's request.
Section 74. Divorce and Taklik .
Section 75. Fasah .
Section 76. Rujuk .
Section 77. Complaint on unlawful marriage.
Section 78. Application for mutaah by wife.
Section 79. Syikak .
Section 80. Nusyuz .
Section 81. Application to appeal on a finding for divorce etc.
Section 82. To inspect and request for extracts from Register.
Section 83. Evidence.
Section 84. Safety of registers.
Section 85. Presumption of death.
Section 86. Registrar as Public officers.
Section 87. Rectification of errors.
Section 88. Forms.
Section 89. Fees.
Section 90. Appointment of Wali Hakim.

PART V - MAINTENANCE

Section 91. Application of this Part in all claims.
Section 92. Application from wives.
Section 93. Maintenance of children.
Section 94. Rescission and variation of orders.
Section 95. Infirm and diseased persons.
Section 96. Illegitimate children.
Section 97. An offence for failure to comply with an order of judgement.
Section 98. Application of other written laws.

PART VI - CONVERTS

Section 99. Register of converts.
Section 100. Control.
Section 101. Minor converted to the Religion of Islam.
Section 102. Children who have come of age (baligh) .
Section 103. Particulars of conversion and apostasy from Islam.

PART VII - FINANCIAL MATTERS

Section 104. Establishment of General Endowment Fund.
Section 105. Grants from the State Government.
Section 106. Muslim Religious Fund Pahang - Enactment No. 6 of 1937.
Section 107. Court fees, fines and forfeiture.
Section 108. Wakaf and Nazar .
Section 109. Vesting of rights.
Section 110. Capital of Wakaf and Nazar 'Am.
Section 111. Restrictions on creation of charitable trusts.
Section 112. Income of Wakaf and Nazar.
Section 113. Construction of Instruments.

Accounts

Section 114. Annual Report.
Section 115. Auditor.
Section 116. Wakaf and Nazar property.
Section 117. Estimates.
Section 118. Expenses of the Majlis.
Section 119. Banks.
Section 120. Powers of Majlis.
Section 121. Power to determine Zakat and Fitrah.
Section 122. Rules.
Section 123. Objection to paying of Zakat and Fitrah.
Section 124. Charitable collections.

PART VIII - MOSQUES

Section 125. Majlis to be trustee.
Section 126. Restriction to new mosques.
Section 127. Repairs and maintenance of mosques.
Section 128. Closure or demolition of mosques.
Section 129. Boundaries of Mukim Masjid.
Section 130. Register of Pegawai Masjid.
Section 131. Appointment of pegawai Masjid.
Section 132. Termination or dismissal from service of pegawai masjid.
Section 133. Powers and duties of pegawai Masjid.

PART IX - OFFENCES

Section 134. Application.
Section 135. Friday prayers.
Section 136. Intoxicating drink.
Section 137. Food in the month of Ramadan.
Section 138. Presumption.
Section 139. Disregard for days of great significance in Islam.
Section 140. Neglect and ill-treatment of wife.
Section 141. Disobedience of wife.
Section 142. Annulment of marriage by deception of wife.
Section 143 Injustice towards wives.
Section 144. Instigation
Section 145. Lovemaking or khalwat.
Section 146. Adultery.
Section 147. Incest.
Section 148. Illicit intercourse between divorced persons.
Section 149. Adultery with non-Muslims.
Section 150. Carnal relation between females.
Section 151. Unlawful solemnization of marriage.
Section 152. Failure to report a marriage, divorce or rujuk.
Section 153. False report to Registrar.
Section 154. Divorce.
Section 155. Failure to give powers to Hakam.
Section 156. Failure to report when disavowing by Muallaf.
Section 157. Collections against section 124.
Section 158. Wilful neglect of statutory duty.
Section 159. Breach of Secrecy.
Section 160. Erection of mosques not in accordance with this Enactment.
Section 161. Teaching of Religion without Tauliah.
Section 162. Wrongful teachings.
Section 163. Fatwa.
Section 164. Religious books contrary to Religion.
Section 165. Control and possession of books, magazines etc.
Section 166. Propagandize or teach other religion to Muslims.
Section 167. Misuse of verses from the Ouran and Hadis.
Section 168. Deride or make fun of an act relating to Religion of Islam.
Section 169. Contempt of religious authorities.
Section 170. Insulting the religion.
Section 171. Non-payment of zakat or fitrah.
Section 172. Refusal to submit assessment of income.
Section 173. To payor receive payment of zakat or fitrah to or by person without authority.
Section 174. Failure of Amil to submit his collections.
Section 175. Incitement not to perform religious duty.
Section 176. Offer oneself for prostitution.
Section 177. Husband forcing or allowing wife to prostitution.
Section 178. Wife offering herself for prostitution.
Section 179. Kidnapping anak dara.
Section 180. Anak dara absconding.
Section 181. Sale or give away a child.
Section 182. Abduction or causing a wife to leave her husband.
Section 183. Exposure of body.
Section 184. Immoral Act
Section 185. Use of statement to absolve from responsibility.
Section 186. Meaning of abetment to commit an offence .
Section 187. Offence the punishment of which is not specified.

PART X - PROCEDURE IN CRIMINAL PROCEEDINGS

Section 188. Consent to prosecute from Mufti.
Section 189. How and by whom consent to prosecute may be applied for.
Section 190. Information on offences.
Section 191. Duty of Religious Inspector on completion of investigation.
Section 192. Application for Summons and Warrant of Arrest by Religious Prosecutor.
Section 193. Issue of Summons and Warrant of arrest by Kadi.
Section 194. By whom and how summons is served.
Section 195. By whom and how warrant of arrest is effected.
Section 196. Issue of Warrant of Arrest after summons served.
Section 197. Postponement of hearing.
Section 198. Detention because investigation cannot be completed within twenty four hours.
Section 199. Charge.
Section 200. Separate charges for distinct offences.
Section 201. When person may be charged jointly.
Section 202. Trial.
Section 203. Withdrawal of charge.
Section 204. Evidence and interpretation to be given in presence of accused.
Section 205. Sentence of imprisonment.
Section 206. Suspension of·sentence of imprisonment because of Appeal.
Section 207. Sentence of fine.
Section 208. Caution and binding over.
Section 209. Appeal to H.R.H. the Sultan on sentence only.
Section 210. Procedure for appeal in criminal cases.
Section 211. Procedure at hearing.
Section 212. Disposal of exhibits in a case.
Section 213. Non-compliance with procedure.

PART XI - PROCEDURE IN CIVIL PROCEEDINGS

Section 214. Plaint.
Section 215. Joinder and consolidation of parties and causes of action.
Section 216. Summons and service.
Section 217. Representative of persons deceased or of unsound mind or of children.
Section 218. Defence .
Section 219. Interlocutory proceedings.
Section 220. Withdrawal and settlement.
Section 221. Trial.
Section 222. Judgments.
Section 223. Costs.
Section 224. Execution of judgments and orders.
Section 225. Evidence de bene esse.
Section 226. Contempt of Court.
Section 227. Poor persons.
Section 228. Appeals.
Section 229. Irregularities.
Section 230. Matters not provided for.

PART XII - GENERAL PROCEDURE

Section 231. Supervision and control of officers.
Section 232. Protection of Members and employees of Majlis.
Section 233. Seal of Court.
Section 234. Language of Court.
Section 235. Court Records.
Section 236. Counsels.
Section 237. Representation by agent.
Section 238. Service.
Section 239. Evidence.
Section 240. Summons to give evidence or produce documents.
Section 241. Reciprocal arrangements with other states.
Section 242. Adjournment.
Section 243. Fixing the time.

PART XIII - GENERAL

Section 244. Court to be opened.
Section 245. Kadi Besar and Kadi not to try a case in which he has interest.
Section 246. Protection of judicial officers.
Section 247. Transitional provision for cases still before the Court.
Section 248. Rules.
Section 249. Saving of rules and appointments.
Section 250. Repeal.

FIRST SCHEDULE
SECOND SCHEDULE
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