ENACTMENT NO. 4 OF 1996 SYARIAH CRIMINAL PROCEDURE (STATE OF PENANG) ENACTMENT 1996
PART I - PRELIMINARY
Section 2. Interpretation
(1) In this Enactment, unless the context otherwise requires-
"Administration Enactment" means the Administration of Islamic Religious Affairs Enactment of the State of Penang 1993(Pg. En. 7/93);
"Chief Religious Enforcement Officer" and "Religious Enforcement Officer" has the same meaning assigned thereto in the Administration Enactment ;
"Chief Syariah Judge" has the same meaning assigned thereto in the Administration Enactment;
"Chief Syariah Prosecutor" has the same meaning assigned thereto in the Administration Enactment;
"complaint" means the allegation made orally or in writing to a Judge with a view to his taking action under this Enactment that some person whether known or unknown has committed or is guilty of an offence;
"Court" or "Syariah Court" has the same meaning assigned thereto in the Administration Enacment;
"Enactment" means the Administration of Muslim Law Enactment, 1959 (Pg.En.3/59);
"Judge" means a Judge appointed under subsection 45(1) or 46( 1) of the Administration Enactment;
"Majlis" has the same meaning assigned thereto in the Administration Enactment;
"Mufti" has the same meaning assigned thereto in the Administration Enactment;
"non-seizable offence" means an offence punishable with imprisonment for less than one year or with fine only in which a Religious Enforcement Officer or police officer may not ordinarily arrest without warrant;
"offence" means any act or omission made punishable by any written law prescribing offences against precepts of the religion of Islam and over which the Court has jurisdiction;
"Pegawai Masjid has the same meaning assigned thereto the Administration Enactment;
"Peguam Syarie"has the same meaning assigned thereto in the Administration Enactment;
"Prosecutor" means the Chief Syariah Prosecutor or the Syariah Prosecutor;
"Registrar" means the Chief Registrar of the Syariah Appeal Court, the Registrar of the Syariah High Court, or Assistant Registrars of the Syariah Subordinate Court, as the case may be, appointed under the Administration Enactment ;
"Registrar of Criminals" means the Registrar of Criminals appointed under section 3, Registration of Criminals and Undesirable Persons Act, 1969(Act 7);
"seizable offence" means an offence punishable with imprisonment for one year and upwards in which a Religious Enforcement Officer or police officer may ordinarily arrest without warrant;
"Syariah Prosecutor" has the same meaning assigned thereto in the Administration Enactment;
"witness" does not include an accused person;
"youthful offender" means an offender above the age of ten and under the age of sixteen years.
(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 Islamic Law.
(3) If any question or dispute arises as to the interpretation of the words, expressions and terms relating to Islamic Law, the Court trying the case shall have jurisdiction to give the definition to such words, expressions and terms.