ENACTMENT NO. 5 OF 2006
SYARIAH CRIMINAL PROCEDURE ENACTMENT 2006

PART I - PRELIMINARY



Section 2. Interpretation

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

“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;

“Administration Enactment” means the Administration of the Religion of Islam Enactment 2006 [Enactment 4].

“Judge” means a Judge appointed under subsection (1) of section 56, section 57, section 58 or section 59 of the Administration Enactment;

“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;

“seizable offence” means an offence punishable with imprisonment for one year or more, for which a Religious Enforcement Officer or police officer may ordinarily arrest without warrant;

“non-seizable offence” means an offence punishable with imprisonment for less one year or with fine only for which a Religious Enforcement Officer or police officer may not ordinarily arrest without warrant;

“Chief Syarie Judge” has the meaning assigned thereto in the Administration Enactment;

“Chief Religious Enforcement Officer” and “Religious Enforcement Officer” have the respective meanings assigned thereto in the Administration Enactment;

“Chief Syarie Prosecutor” has the meaning assigned thereto in the Administration Enactment;

“Court” or “Syariah Court” has the meaning assigned thereto in the Administration Enactment;

“Majlis” has the meaning assigned thereto in the Administration Enactment;

“Mufti” has the meaning assigned thereto in the Administration Enactment;

“Pegawai Masjid” has the meaning assigned thereto in the Administration Enactment;

“Peguam Syarie” has the meaning assigned thereto in the Administration Enactment;

“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;

“Prosecutor” means the Chief Syariah Prosecutor or the Syariah Prosecutor;

“Syarie Prosecutor” has the meaning assigned thereto in the Administration Enactment;

“Chairman” has the meaning assigned thereto in the Administration Enactment;

“youthful offender” means an offender above the age of ten and below the age of sixteen years;

“witness” does not include an accused person.

(2) All words and expressions used in this Enactment and not herein defined but defined in the Interpretation Enactments 1948 and 1967 [Act 388] shall have the meaning thereby 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 expressions used in this Enactment that are listed in the First Schedule, reference may be made to the Arabic script for those words and expressions as shown against them therein.




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