Section 2. Interpretation. (ADMINISTRATION OF THE RELIGION OF ISLAM (STATE OF MALACCA) ENACTMENT 2002

ENACTMENT NO. 7 OF 2002
ADMINISTRATION OF THE RELIGION OF ISLAM (STATE OF MALACCA) ENACTMENT 2002

PART I - PRELIMINARY

Section 2. Interpretation.

(1) In this Enactment, unless the context otherwise requires—

“ahli kariah” means a person who permanently lives or habitually resides in a kariah masjid;

“Baitulmal” means the fund established under section 69;

“previous Enactment” means the Administration of Islamic Law (State of Malacca) Enactment 1991 [Enactment No. 5 of 1991];

“Syarie Judge” or “Judge” means a Judge of the Syariah High Court or the Syariah Subordinate Court, as the case may be, appointed under subsection 46(1) or 47(1);

“Syariah Appeal Court Judge” means a Syariah Appeal Court Judge appointed under subsection 45(1);

“Hukum Syarak” means Hukum Syarak according to the Mazhab Shafie or any one of the Mazhab Hanafi, Maliki or Hambali;

“Jawatankuasa Kariah” means Jawatankuasa Kariah established by regulations made under section 92;

“Fatwa Committee” means the committee established under section 34;

“National Fatwa Committee” means the committee established by the Ruler’s Conference under regulation 11 of the Regulations of the National Council for Religious Affairs, Malaysia;

“kariah masjid”, in relation to a mosque, means the area in which the mosque is situated;

“Chief Syarie Judge” means the Chief Syarie Judge appointed under subsection 44(1);

“Chief Religious Enforcement Officer” and “Religious Enforcement Officer” means the officers appointed as such under section 67;

“Chief Syarie Prosecutor” means the officer appointed under subsection 66(1);

“Syariah Court” or “Court” means the Syariah Subordinate Court or the Syariah High Court, as the case may be, appointed under subsection 43(1) or 43(2);

“Syariah Appeal Court” means the Syariah Appeal Court established under subsection 43(3);

“civil court” means any court established under Article 121 of the Federal Constitution;

“Majlis” means the Majlis Agama Islam Melaka established under subsection 4(1);

“previous Majlis” means the Majlis Agama Islam Melaka established under the previous Enactment;

“mosque” means a building—

(a) used for Friday prayers and other prayers and activities which are enjoined, recommended, or approved by religion of Islam; and

(b) the use of which as such is permitted by the Majlis under section 86,

and includes any surau, madrasah or other building declared by the Majlis as a mosque under that section;

“muallaf” means a person who is newly converted to the religion of Islam under section 95;

“Mufti” means the person who is appointed the Mufti for the State of Malacca under section 32 and includes a Deputy Mufti;

“nazr” means an expressed vow to do an act for any purpose permitted by Hukum Syarak;

“nazr am” means a nazr intended wholly or in part for the benefit of the Muslim community generally or any section of the Muslim community, as opposed to an individual person or persons;

“State” includes the Federal Territories of Kuala Lumpur, Labuan and Putrajaya;

“Muslim” means—

(a) a person who professes the religion of Islam;

(b) a person either or both of whose parents were at the time of the person’s birth, a Muslim;

(c) a person whose upbringing was conducted on the basis that he was a Muslim;

(d) a person who is commonly reputed to be a Muslim;

(e) a person who has converted to the religion of Islam in accordance with section 96; or

(f) a person who is shown to have stated, in circumstances in which he was bound by law to state the truth, that he was a Muslim, whether the statement be oral or written;

“Pegawai Masjid” means the Imam, Bilal and Pembantu Bilal of a mosque;

“Peguam Syarie” means a person who has been admitted as a Peguam Syarie under section 68;

“Syarie Prosecutor” means an officer appointed under subsection 66(3);

“Chairman” means the Chairman of the Majlis appointed under subsection 10(1);

“Secretary” means the Secretary of the Majlis mentioned in section 15;

“wakaf” means any property from which its benefit or interest may be enjoyed for any charitable purpose whether as wakaf am or wakaf khas in accordance with Hukum Syarak, but does not include a trust which is defined under the Trustee Act 1949 [Act 208];

“wakaf am” means a wakaf that is created for a general charitable purpose in accordance with Hukum Syarak;

“wakaf khas” means a wakaf that is created for a specified charitable purpose in accordance with Hukum Syarak.

(2) All words and expressions in this Enactment and not defined in this Enactment but defined in Part I of the Interpretation Acts 1948 and 1967 [Act 388] shall have the meanings assigned to them respectively in that Part to the extent that such meanings do no conflict with Hukum Syarak.

(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 First Schedule, reference may be made to the Arabic script for those words and expressions as shown against them in the Schedule.