ENACTMENT NO. 2 OF 1985
SYARIAH CRIMINAL CODE 1985

PART I - PRELIMINARY



Section 2. Interpretation

In this Enactment unless the context otherwise requires –

“Court” has the same meaning assigned thereto in the Administration of Syariah Court 1982;

“Criminal” has the same meaning assigned thereto in the Syariah Criminal Procedure Enactment 1983;

“Government” has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982;

“incest” means an act or a series of act, which is presumed to be contrary to Hukum Syarak between a man and a woman who are prohibited from marrying each other;

“married woman” has the same meaning assigned thereto in the Islamic Family Law Enactment 1983;

“pegawai masjid” has the same meaning assigned thereto in the Syariah Criminal Procedure Enactment 1983;

“Penyelia Agama” has the same meaning assigned thereto in the Administration of Syariah Court Enactment 1982;

“Persetubuhan syubhat” means sexual intercourse between a man and a women with a presumption that they are legally married but later it was discovered that they are not legally married according to Hukum Syarak;

“pimp” means a person who acts as a procurer between a female and a male for a purpose which is contrary to Hukum Syarak;

“Qadhi” has the same meaning assigned thereto in the Administration Syariah Court 1982;

“State” means the state of Kelantan;

“Zina” means sexual intercourse between a man and a woman who are not husband and wife other than rape and persetubuhan syubhat.

(2) All words, expressions, definitions and terms used in this Enactment and not specifically defined thereto shall be deemed to have the meaning given to them in the Interpretation Act 1967.

(3) If any question or dispute arises as to the interpretation of the words, expressions and terms relating to Hukum Syarak, the court trying the case shall have jurisdiction to give the definition to such words, expressions and terms.

(4) The offences set out in this Code include not only acts done but also wrongful omissions.





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