ENACTMENT NO. 11 OF 2013 SYARIAH CRIMINAL OFFENCES ENACTMENT 2013
PART I - PRELIMINARY
Section 2. Interpretation
(1) In this Enactment, unless the context otherwise requires-
“aqil baligh” means having a sound mind and having attained the age of puberty according to Islamic Law;
“doctrine” means religious understanding or belief;
“Administration Enactment” means the Administration of Islamic Law Enactment 1991 [Enactment No. 3 of 1991];
“fatwa” means any fatwa made under section 36 of the Administration Enactment;
“Judge” means a Syariah Appeal Court Judge, Syariah High Court Judge or Syariah Subordinate Court Judge, as the case may be, appointed respectively under sections 54, 43 and 45 of the Administration Enactment;
“Islamic Law” means Islamic Law according to Mazhab Shafie or according to any of Mazhab Maliki, Hanafi or Hanbali;
“Hukum Syarak Consultative Committee” means the Hukum Syarak Consultative Committee constituted under section 39 of the Administration Enactment;
“Court”means the Syariah Subordinate Court, the Syariah High Court or the Syariah Appeal Court, as the case may be, constituted under section 42 of the Administration Enactment;
“Majlis” means the Majlis Ugama Islam dan Adat Resam Melayu Pahang established under section 4 of the Administration Enactment;
“Mufti” means the person appointed to be the State Mufti under section 34 of the Administration Enactment, and includes the Deputy State Mufti;
“muncikari” means a person who acts as a procurer between a female and a male person for any purpose which is contrary to Islamic Law;
“attempt to leave the religion of Islam” means any behaviour by a mukallaf Muslim on his own free will whether by means of words, actions or by any means which may be construed as an attempt to leave the religion of Islam;
“approved rehabilitation centre” means any place or institution appointed as such under section 65;
“approved home” means any place or institution appointed as such under section 65;
“gaminghouse” means any premises where-
(i) gambling is allowed by the license issued by the Minister of Finance under section 27a of the Common Gaming Houses Act 1953 [Act 289];
(ii)Four Digit forecast tickets are sold pursuant to a license issued by the Minister of Finance under section 5 of the Pool Betting Act 1967 [Act 384];
(iii) TOTO bet coupons are sold pursuant to a license issued by the Minister of Finance under section 5 of the Pool Betting Act 1967 [Act 384]; and
(iv) totalizator investment with respect to horse racing are received pursuant to a scheme made by the Totalizator Board under section 16 of the Racing (Totalizator Board) Act 1961 [Act 494];
“takfir” means to regard a Muslim as a non-Muslim.
(2) All words and expressions used in this Enactment and not herein defined but defined in the Interpretation Acts 1948 and 1967 [Act 388] shall have the meanings thereby assigned to them respectively in the Act to the extent that such meanings do not conflict with Islamic Law.
(3) For the avoidance of doubts as to the identity or interpretation of the words and expressions used in this Enactment that are listed in the Schedule, reference may be made to the Arabic script for those words and expressions as shown against them in the Schedule.
(4) His Royal Highness the Sultan may from time to time amend, delete from or add to the Schedule.