ENACTMENT No. 13 OF 2015 SYARIAH CRIMINAL CODE (II) (1993) 2015
PRELIMINARY
Section 3. Interpretation
(1) In this Code, unless the context otherwise requires-
“child” includes grandchild and descendant underneath or next;
“arsy” means a sum of money or property or any part of a diyat to be paid to the victim as prescribed in Schedule II, III, and IV as compensation for the injury (jurh) caused to the victim;
“Baitulmal” means Baitulmal established under section 41 of Majlis Agama Islam and Adat Istiadat Melayu Kelantan Enactment 1994 [En. No. 4/94];
“diyat” means a certain amount of money or property that the amount or value equal to the current price of gold weighing 4450 grams or at the rate prescribed by His Royal Highness the Sultan from time to time;
“Administration Enactment” means the Syariah Courts Administration Enactment 1982 [En. No. 3/1982];
“Judge” means a judge appointed under Part VI;
“hukum syarak” means in Shafi sect or according to any one of Hanafi Maliki, or Hanbali;
“Jamaah Ulama” means Jamaah Ulama established under section 33 of the Majlis Agama Islam and Adat Istiadat Melayu Kelantan Enactment 1994;
“Court” means the Special Syariah Trial Court and Special Syariah Court of Appeal established under Part VI;
“Council” means Council of the Islam and Malay Custom, Kelantan established under subsection 5 (1) of the Council of the Islam and Malay Custom, Kelantan Enactment 1994;
“Mohsan” and “ghairu mohsan” have the same meaning as defined in section 12(2)(a) and (b);
“mukalaf” means a person who has attained 18 years of age and of sound mind;
“nisab” means a sum of money equivalent to the current price of gold weighing 4.45 gram or a sum to be determined by His Royal Highness the Sultan from time to time in accordance with hukum syarak;
“Imprisonment” have the same meaning as provided under section 2 of Prison Act 1995 [Act 537];
“qisas” means equal retaliation punishment or equation for the offence of causing death or bodily injury to any person;
“State Judicial Commission” means the State Judicial Commission established by the State Government;
“wali” means a relative of the victim who is entitled to remit the offence committed by the offender on the victim.
(2) To avoid doubt about the identity of words or expressions used in this Code which are listed in Schedule I, reference may be made to the Arabic script of the said words and expressions as shown against them in the said Schedule.
(3) All words, expressions, interpretations and phrases used in this Code but not defined herein, shall be deemed to have the meaning given to them in the Interpretation Acts 1948 and 1967 [Act 388] if not contrary to hukum syarak.
(4) Unless the context otherwise requires any reference in this Kanun in respect of any part or section or subsection or Schedule is a reference to a particular part or section or subsection or a specific schedule in this Kanun.