ENACTMENT NO. 3 OF 1987 ISLAMIC FAMILY LAW ENACTMENT 1987
PART I - PRELIMINARY
Section 2. Interpretation.
(1) In this Enactment, unless the context otherwise require-
"anak dara" means a woman who has not had sexual intercourse;
"appointed date" means the date appointed under section 1 for the coming into operation of this Enactment;
"Court" means the Court of a Kadi or Court of the Kadi Besar or Court of Appeal constituted under sections 42 and 44 of the Administration of the Religion of Islam and the Malay Custom of Pahang Enactment 1982;
"darar syarie" means harm according to what is normally recognized by Hukum Syara', affecting a wife in respect of religion, life, body, mind, or property;
"fasakh" means the dissolution of a marriage by reason of any circumstance permitted by Hukum Syara';
"fosterage" means the suckling of a baby up to sufficiency by a woman who is not his natural mother for at least five times during the first two years of his life;
"harta sepencarian" means the earning or the property acquired as the result of joint labour of husband and wife and includes the income derived from capital which is itself the result of joint labour;
"idah" means the period during which a woman who has been divorced or whose husband had died is prohibited by Hukum Syara ' to remarry;
"illegitimate" in relation to a child, means born out of wedlock but not as a result of syubhah intercourse;
"janda" means a woman who is divorced from her husband;
"maintenance" means financial support or expenses for food, clothing and accommodation in respect of every wife, child, janda and other persons who are the dependents of a husband or ex-husband as required by Hukum Syara';
"Majlis" means the Majlis Agama Islam dan Adat Resam Melayu Pahang constituted under section 5 of the Administration of the Religion of Islam and the Malay Custom Pahang Enactment 1982;
"mas kahwin" means the obligatory marriage payment due under Hukum Syara' by the husband to the wife at the time the marriage is solemnized, whether paid in cash or kind or payable as a debt with or without security;
"mukim" and "mukim masjid" means an area the boundary of which is determined by the Majlis and within it is a mosque but the area need not necessarily correspond to the area of a mukim under the National Land Code;
"mut'ah" means any gift obligatory upon the husband to the wife on divorce with particular conditions according to Hukum Syara';
"nasab" means descent based on lawful blood relationship;
"nusyuz" means an act of the wife towards the husband which is regarded as disobedient according to Hukum Syara';
"property" means all types of property, movable and immovable, interests and rights relating to them and includes things such as debts;
"Registrar" means a Registrar of Muslim Marriages, Divorces and Ruju' appointed under section 28 of this Enactment and includes the Chief Registrar and an Assistant Registrar;
"Religious officer" means an officer appointed under section 40 (2) of the Administration of the Religion of Islam and the Malay Custom of Pahang Enactment 1982;
"resident" means permanently residing or babitually residing in a dwelling house in a particular area;
"ruju" means a return to the original married state;
"Syariah Judge" means Kadi appointed under section 40 of the Administration of the Religion of Islam and the Malay Custom of Pahang Enactment 1982, and includes the Kadi Besar;
"syubhah intercourse" means intercourse performed on erroneous impression that the marriage was valid or intercourse by mistake and includes any intercourse not punishable by Had in Islam;
"talaq" means to dissolve a marriage by way of verbal expression by the husband to the wife according to Hukum Syara';
"ta'liq" means a declaration or an affirmation made by the husband after the solemnization of marriage;
"temporarily reside" means having a temporary residence in a particular area;
"thayyib" means a woman who has had sexual intercourse;
"wali" means the lawful guardian of a woman who may sanction her for marrige according to Hukum Syara';
"wali Hakim" means a wali authorised by His Royal Highness the Sultan to effect the marriage of a woman who has no wali according to Hukum Syara' or a woman whose wali refuses to effect her marriage without reasonable cause according to Hukum Syara';
"widow" means a woman whose husband has died;
"widower" means a man whose wife has died.
(2) All words and expressions used in this Enactment and not herein defined but defined in the Interpretation Act 1967 [23/67] shall have the meanings thereby assigned to them respectively by the Act.
(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 form for those words and expressions shown against them therein.
(4) His Royal Highness the Sultan may from time to time amend, delete from, or add to, the Schedule.