ENACTMENT NO. 13 OF 1984
ISLAMIC FAMILY LAW ENACTMENT 1984

PART I - PRELIMINARY



Section 2. Interpretation.

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

"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 Kadi Besar or Appeal Committee constituted under sections 44 and 46 of the Administration of Muslim Law Enactment 1965;

"domicile" means permanently residing or habitually residing in a dwelling house in a particular area;

"fasakh" means the annulment of a marriage by reason of any circumstance permitted by Islamic Law;

"fosterage" means the suckling of a baby up to sufficiency by a woman who is not its natural mother for at least five times during the first two years of its life;

"harta sepencarian" means the earning or the property acquired as the result of joint labour of husband and wife and includes her income derived from capital which is itself the result of joint labour;

"illegitimate" in relation to a child means bon out of wedlock but not as a result of syubhah intercourse;

"janda" means a woman who is neither anak dara nor a married woman;

"kariah" and "kariah masjid" means area of any mosque as prescribed by the local inhabitants of the area;

"Masjid" means the Majlis Ugama Islam dan Adat Melayu Perak, constituted under section 5 of the Administration of Muslim Law Enactment 1965;

"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;

"mut'ah" means a consolatory gift that is reasonable according to Hukum Syara', given to a divorced wife;

"nasab" means descent based on lawful blood relationship;

"Registrar" means a Registrar of Muslim Marriages, Divorce and Ruju' appointed under section 26 of this Enactment and includes the Chief Registrar and an Assistant Registrar;

"ruju" means a return to the original married state;

"Syar'iah Judge" means a Kadi appointed under section 43 of the Administration of Muslim Law Enactment 1965;

"syubhah intercourse" means intercourse performed on erroneous impression that the mariage was valid or intercourse by mistake and includes any intercourse not punishable by Had in Islam;

"ta'liq" means to suspend the happeing of a divorce upon a contingency;

"temporary residence (bermukim)" means having a temporary residence in a particular area;

"thayyib" means a woman who has had sexual intercpurse;

"wali" means the lawful guardian of a woman who may sanction her for marriage according to Hukum Syara';

"wali hakim" means a wali authorised by His Royal Highness to effect the marriage of a woman who has no wali by nasab according to Hukum Syara' or a woman whose wali refuse 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 meaning thereby assigned to them respectively by the Act.

(3) Save where the context otherwise requires, any reference in this Enactment to a specific Part or section shall be construed as a reference to the specific Part or section in this Enactment.




Copyright © PNMB-LawNet. All rights reserved.