ENACTMENT No. 1 Of 1984
ISLAMIC FAMILY ENACTMENT 1979

PART I - PRELIMINARY



Section 2. Interpretation.

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

"Affinity" means relationship by marriage;

"Anak dara" means a female person who has not been married and who has had no sexual intercourse;

"Betrothal" means an agreement to marry;

"Chief Prosecutor" has the meaning assigned to it in section 33.

"Court" has the meaning assigned to it in the Mahkamah Syariah Enactment 1979;

"Darar syarii" includes any danger to the husband or wife in respect of religion, life, physique, mental and property;

"Divorcee" means a female person who has been married and divorced;

"Domicil" means a person who resides permanently or who usually has a home in a given area;

"Dowry" means a consideration moving from the prospective husband in favour of the prospective wife at the time of solemnization of the marriage;

"Fasakh" means a dissolution of marriage as provided for under section 44 of this Enactment;

"Fosterage" means a relationship by suckling;

"Hadhanah" means the right to custody of a child under Hukum Syarak;

"Hadhinah" means a female person who is entitled to hadhanah;

"Hakam" means a person appointed to be an arbitrator under section 40 (8);

"Illegitimate child" means a child born out of wedlock but not a child born out of syubhah;

"Kadi" means a Kadi appointed under section 18 of the Mahkamah Syariah Enactment 1979;

"Kadi Besar or Timbalan Kadi Besar" means the Kadi Besar or Timbalan Kadi Besar as appointed under section 11 of the Mahkamah Syariah Enactment 1979;

"Kariah and Kariah Masjid" has the meaning assigned to it in the Administration of Muslim Law Enactment 1962;

"Maharmithil" means a proportionate dowry;

"Majlis" has the meaning assigned to it in section 4 of the Administration of Muslim Law Enactment 1962;

"Marriage" means the solemnization of a male and a female person as a husband and wife;

"Mas Kahwin" means a consideration given by the male person to the female person at the time of solemnization of the marriage;

"Mumaiyiz" means a child who has attained the age of 7:,

"Mutaah" means a reasonable consolatory gift given to a wife who is divorced;

"Nasab" means relationship by blood;

"President" means The President of the Religious Affairs Department Kedah according to section 11 (2) of the Administration of Muslim Law Enactment 1962;

"Registrar" means the Chief Registrar, Registrar or the Assistant Registrar of Marriage, Divorce and Revocation appointed under section 20, whichever is applicable;

"Resident" means a person who stays temporarily in a given area;

"Rujuk" means the return to the original state of marriage;

"Saiyib" means a female person who has had sexual intercourse;

"Shiqaq" means an irreconcilable difference between a husband and wife;

"State", means the State of Kedah;

"Suluh" means reaching for a peaceful settlement between a husband and wife;

"Taalik" means a declaration made by a husband after the solemnization of a marriage;

"Wali" means the lawful guardian of the female person who is to be married;

"Wali Mujbir" means the father or paternal grandfather and howhighsoever;

"Wali Raja" means a wali authorised by the Ruler to enable a female person who has no wali to marry;

"Widow" means a female person whose husband is dead;

"Widower" means a male person whose wife or wive are dead;

"Year" means the year of Hijrah;

(2) Words and expressions importing the masculine gender include females.

(3) Words and expressions in the singular include the plural, and words and expressions in the plural include the singular.




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