ENACTMENT NO. 7 OF 2006 ISLAMIC FAMILY LAW ENACTMENT 2006
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, whether she has been married or not;
"baligh" means the age of puberty in accordanc with Hukum Syarak;
"widow" means a woman whose husband has died;
"resident" means permanently living or ordinarily residing in a particular area;
"darar syarie" means harm, according to what is normally recognized by Hukum Syarak, affecting a wife in respect of religion, life, body, mind, dignity, or property;
"widower" means a man whose wife has died:
"Administration Enactment" means the Administration of the Religion of Islam Enactment Perlis[Enactment 4];
"fasakh" means the annulment of a marriage by reason of any circumstance permitted by Hukum Syarak in accordance with section 53;
"Syariah Appeal Court Judge" means a Syariah Appeal Court Judge appointed under section 57 of the Administration Enactment;
"Syarie Judge" or "Judge" means a Judge of the Syariah Subordinate Court or the Syariah High Court, as the case may be, appointed under subsection (1) section 59 orsection 58 of the Administration Enactment;
"harta sepencarian"means property jointly acquired by husband and wife during the subsistence of marriage in accordance with the conditions stipulated by Hukum Syarak;
"Hukum Syarak" means Islamic Law according to Mazhab Shafie or according to one of the Mazhab Maliki, Hanafi or Hambali;
"iqrar" means an admission made by a person, in writing or orally or by gesture, stating that he is under an obligation or liability to another person in respect of some right;
"janda" means a woman who has been married and divorced after consummation of marriage;
"kariah masjid' in relation to a mosque, means the area the boundaries of which are determined under section 2 of the Administration Enactment;
"Chief Registrar" means Chief Registrar of Muslim Marriages, Divorces and Ruju'appointed under section 28;
"Chief Syarie Prosecutor" means the officer appointed under section 78(1) of the Administration Enactment;
"Syariah Appeal Court" means the Syariah Appeal Court constituted under subsection (3) section 55 of the Administration Enactment;
"Majlis" means the Majlis Agama Islam dan Adat Istiadat Melayu Perlis established under subsection (1) section 4 of the Administration Enactment;
"mas kahwin" means the obligatory marriage payment due under Hukum Syarak by the husband to the wife at the time the marriage is solemnized, whether in the form of money actually paid or acknowledged as a debt with or without security, or in the form of something that, accordingto Hukum Syarak, is capable of being valued in terms of money;
"mut'ah" means a consolatory gift that is reasonable according to Hukum Syarak, given to a divorced wife;
"nasab" rneans descent based on lawful blood relationship;
"State" includes the Federal Territories of KualaLumpur, Labuan and Putrajaya;
" Peguam Syarie" means a person who is admitted under section 80(1) of the Administration Enactment to be a Peguam Syarie;
"pemberian" means a gift whether in the form of money or things given by a husband to a wife at the time of the marriage;
"Registrar" means the Senior Registrar of Muslim Marriages, Divorces and Ruju' appointed under section 28, and includes a Registrar and an Assistant Registrar;
"syubhah intercourse" means intercourse performed on erroneous impression that the marriage was valid when in fact the marriage was not valid(fasid) or intercourse by mistake and includes any intercourse not punishable by Had in Islam;
"ruju"' means a return to the original marriage state;
"fosterage" means the suckling of a baby up to sufficiency by a woman who is not its natural motherfor at least fi ve times during the first two years of its life;
"ta'Iiq" means a promise expressed by the husband after the solemnization of marriage in accordance with Hukum Syarak and the provisions of this Enacment;
"illegitimate" in relationto achild, means bom outof wedlock butnot as a result of syubhah intercourse;
"appointed date" means the date appointed under section 1 for the coming into operation of this Enactment;
"thayyib" means a woman who has had sexual intercourse;
"wali Mujbir" means the father or paternal grandfather and above;
"wali Raja" means awali authorized by the Yang di-Pertuan Agong, in the case of the Federal Territories, Malacca, Penang, Sabah and Sarawak, or by the Ruler in the case of any other State, to give away in marriage a woman who has no wali from nasab;
"Court" means the Syariah Subordinate Court or the Syariah High Court, as the case may be, constiruted under subsection ( I ) or (2) section 55 of the Administration Enactment;
(2) All words an expressions used in.this Enactment and not herein defined but defined in the Interpretation Acts 1948 and 1967[Act 38] shall have the meanings assigned thereto to the extent 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 expression used in this Enactment that are listed in the Schedule, reference may be made to the Arabic script for those words and expressions shown against them therein.
(4) The Duli Yang Maha Mulia Raja Pemerintah may from time to time amend, delete from or add to the Schedule.