ENACTMENT NO. 6 OF 2002
ISLAMIC FAMILY LAW ENACTMENT 2002

PART I - PRELIMINARY



Section 2. Interpretation

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

"anak dara" means a woman who has not had sexual intercourse, whether she has been married or not;

"baligh" means the age of puberty in accordance with Hukum Syarak;

"widow" means a woman whose husband has died;

"resident" means permanently living or ordinarily residing in a particular area;

"darar syarie" means harm, according to what is normally recognized by Hukum Syarak, affecting a wife in respect of religion, life, body, mind, dignity, or property;

"widower" means a man whose wife has died;

"Administration Enactment" means the Administration of the Syariah Court Enactment 1982 [En. No. 3/82];

"fasakh" means the annulment of a marriage by reason of any circumstance permitted by Hukum Syarak in accordance with section 53;

"Syariah Appeal Court Judge" a Syariah Appeal 12 (2) of the means Court Judge appointed under subsection Administration Enactment;

"Judge" or "Syariah Judge" means a Judge appointed under paragraph 7 (1) (a) of the Administration Enactment;

"harta sepencarian" means property jointly acquired by husband and wife during the subsistence of marriage in accordance with the conditions stipulated by Hukum Syarak;

"Hukum Syarak" means Islamic Law according to Mazhab Syafie or according to one of the Mazhab Maliki, Hanafi or Hambali;

"iqrar" means an admission made by a person, in writing or orally or by gesture, stating that he is under an obligation or liability to another person in respect of some right;

"janda" means a woman who has been married and divorced after consummation of marriage;

"Chief Registrar" means a Chief Registrar of Muslim Marriages, Divorces and Ruju' appointed under section 28;

"Chief Syariah Prosecutor" means the Pendakwa Syarie appointed under paragraph 7 (1) (c) of the Administration Enactment;

"Court" or "Syariah Court" has the same meaning assigned thereto in the Administration Enactment;

"Syariah Appeal Court" means the Mahkamah Rayuan Syariah constituted under subsection 8 (1) (a) of the Administration Enactment;

"Majlis" means the Majlis Agama Islam dan Adat Istiadat Melayu Kelantan established under subsection 5 (1) of the Council of the Religion of Islam and Malay Custom, Kelantan, Enactment 1994 [En. No. 4/94] or any written law;

"mas kahwin" means the obligatory marriage payment due under Hukum Syarak by the husband to the wife at the time the marriage is solemnized, whether in the form of money actually paid or acknowledged as a debt with or without security, or in the form of something that, according to Hukum Syarak, is capable of being valued in terms of money;

"mukim masjid" has the same meaning assigned thereto in the Council of the Religion of Islam and Malay Custom Enactment 1994 [En. No. 4/1994];

"mut'ah" means a consolatory gift that is reasonable according to Hukum Syarak, given to a divorced wife;

"nasab" means descent based on lawful blood relationship;

"State" means the State of Kelantan;

"Peguam Syarie" means a person who is admitted under section 18 of the Administration Enactment to be a Peguam Syarie;

"pemberian" means a gift whether in the form of money or things given by a husband to a wife at the time of the marriage;

"Registrar" means the Senior Registrar of Muslim Marriages, Divorces and Ruju' appointed under section 28, and includes a Registrar and an Assistant Registrar;

"syubhah intercourse" means intercourse performed on erroneous impression that the marriage was valid when in fact the marriage was not valid (fasid) in accordance with Hukum Syarak or intercourse by mistake and includes any intercourse not punishable by Had in Islam;

"ruju'", means a return to the original marriage state;

"fosterage" means the suckling of a baby up to sufficiency by a woman who is not his natural mother for at least five times during the first two years of his life;

"ta'liq" means a promise expressed by the husband after the solemnization of marriage in accordance with Hukum Syarak and the provisions of this Enactment;

"illegitimate" in relation to a child, means born out of wedlock but not as a result of syubhah intercourse;

"appointed date" means the date appointed under section 1 for the coming into operation of this Enactment;

"thayyib" means a woman who has had sexual intercourse;

"wali Mujbir" means the father or paternal grandfather and above;

"wali Raja" means a wali authorized by His Royal Highness the Sultan to give away in marriage a woman who has no wali from nasab or permitted by Syarak;

(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 assigned thereto to the extent that such meanings do not conflict with Hukum Syarak.
(3) For the avoidance of doubt as to the identity or interpretation of the words and expression used in this Enactment that are listed in the Schedule, reference may be made to the Arabic script for those words and expressions shown against them therein.

(4) His Royal Highness the Sultan may from time to time amend, delete from or add to the Schedule.




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