ENACTMENT NO. 1 OF 1983 ISLAMIC FAMILY LAW ENACTMENT 1983
PART I - PRELIMINARY
Section 2. Interpretation.
(1) In this Enactment unless the context otherwise requires-
"advocate" has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982;
"anak dara" means a female who has never had sexual intercourse, whether she is married or unmarried;
"balu" means a woman whose husband had died;
"Chief Qadhi" has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982;
"Conciliation Committee" means a Conciliation Committee appointed under section 35 (3);
"Court" has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982;
"domicile" has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982;
"duda" means a male whose wife has died;
"edah" means the compulsory period of waiting of a woman in order to ascertain whether she is free from pregnancy or for any other cause required by Hukum Syarak;
"fasakh" has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982;
"Government" has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982;
"illegitimate" means a child who is born other than in a valid marriage and not a child from a syubhat intercourse;
"janda" means a woman who has married and divorced;
"khuluk" has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982;
"lian" has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982;
"maintenance" has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982;
"married woman" means a woman who has lawfully married according to Hukum Syarak and whose marriage is still subsisting;
"maskahwin" means the obligatory payment in connection with a marriage or for any other cause in accordance with the Hukum Syarak whether in the form of money or things;
"muasyarah" means cohabitation in peace and harmony between a husband and a wife;
"mukim" and "mukim masjid" means the area which is fixed by the Majlis in which there is a mosque or a surau;
"murtad" means a person who has denounced the religion of Islam by a definite declaration, act or belief in accordance with Hukum Syarak;
"mutaah" means a consolatory payment which is made in accordance with the Hukum Syarak to a wife who has been divorced;
"nasab" has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982;
"nusyuz" means an act of the wife towards the husband which is regarded as disobedient according to Hukum Syarak;
"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;
"property" has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982;
"Qadhi" has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982 and includes a Registrar who acts as Qadhi;
"Registrar" means a Registrar appointed under section 6 of this Enactment;
"reputable person" means a person who is known in a place as a religious teacher, imam, wakil rakyat, penggawa, penghulu or the like;
"sepencarian" has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982;
"sesusuan" means an infant milked by a woman who is not the natural mother not less than five times to its satisfaction when the infant is under two years old;
"State" has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982;
"syubhat" means an act which is unlawful according to Hukum Syarak done in good faith and believed to be lawful;
"taliq" has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982;
"temporary residence (bermukim)" has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982;
"transfer" means a sale, gift, lease, charge or any other transaction by which the ownership or possession of property is transferred or charged but does not include a transfer which is effected for money or money's worth to or for the benefit of a person acting in good faith and without notice;
"wali" means the person who is qualified under Hukum Syarak to be the wali for marriage of a woman;
"wali raja" means a wali authorised by His Royal Highness the Sultan to effect the marriage of a woman who has no wali by nasab according to Hukum Syarak.
(2) All words, expressions, definitions and terms used in this Enactment which are not expressly defined in this Enactment shall be deemed to have the meaning given to them in the Interpretation Act 1967 [Act 23/67].
(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.
(4) If any doubt or difficulty arises in the interpretation of any word, expression or terms relating to Hukum Syarak, it shall be at the discretion of the Court trying the case to give a meaning to such word, expression or terms.