Section 2. Interpretation. (ADMINISTRATION OF THE SYARIAH COURT ENACTMENT 1982

ENACTMENT NO. 3 OF 1982
ADMINISTRATION OF THE SYARIAH COURT ENACTMENT 1982

PART I - PRELIMINARY

Section 2. Interpretation.

In this Enactment unless the context otherwise requires:

"advocate and solicitor" have the meaning assigned thereto in the Legal Profession Act 1976 [Act 166];

[Sub. En. 10/1998]

"Chief Syariah Judge" means the Chief Syariah Judge appointed under section 7 (1) (a);

[Ins. En. 8/1995]

"Court" or "Syariah Court" means the Mahkamah Rayuan Syariah, the Syariah High Court or the Syariah Subordinate Court, as the case may be, constituted under section 8;

[Sub. En. 8/1995]

"dom" means the personal property of the husband or the wife other than the property acquired by their joint efforts or common fund;

"domicile" means permanently residing or habitually residing in a dwelling house in a particular area;

"fasakh" means the dissolution of marriage on the occurrence of certain event as provided by Hukum Syarak;

[Am. En. 8/1995]

"gift inter vivos" means a gratuitions grant or transfer of property by a person in his lifetime to anyone he chooses;

"Government" means the Government of the State of Kelantan;

"ila" means an oath of continency in the name of Allah solemnised by the husband that he will not have sexual intercourse with his wife without stating the period or for a period exceeding four months;

"Ketua Penyelia" means a Ketua Penyelia Ugama and includes Penyelia Ugama appointed under section 7 (1) (b);

"khuluk" means a form of divorce providing for specific payment to the husband and accompanied by a declaration flepudiating the marriage;

"lian" means an imprecation solemnised by the husband accusing his wife of zina;

"maintenance" means the obligatory maintenance imposed by Hukum Syarak for the wife, children, woman within the edah period and the disabled;

"Mahkamah Rayuan Syariah" means the Mahkamah Rayuan Syariah established under section 8 (1) (a);

"Majlis" means the Majlis Ugama Islam dan Adat Istiadat Melayu Kelantan established under section 4 of the Council of Religion and Malay Custom Enactment 1966 [2/1966] or any other written law;

"Mufti" means the Mufti Kerajaan and includes the Deputy Mufti appointed under section 6;

"nasab" means descent through blood relationship according to Hukum Syarak;

"Peguam Syarie" means a person who has been duly authorised by the Chief Syariah Judge under the provisions of section 18;

[Am. En. 8/1995] [Am. En. 10/1998]

"Pendakwa" means a Pendakwa Syarie and includes Timbalan Pendakwa Syarie appointed under section 7 (1) (c);

"Penyelia Ugama" means Penyelia Ugama and includes Ketua Penyelia Ugama, Penolong Penyelia Ugama, Pembantu Penyelia Ugama appointed under section 7 (1) (b);

"Property" means all movable and immovable property including money, interest, assets and other rights;

"Qadhi” means a Syariah High Court Judge, a Syariah Subordinate Court Judge and also includes the Chief Syariah Judge appointed under paragraph 7(1)(a);

[Sub. En. 8/1995] [Am. En. A3]

"Qadhi Besar" means the Qadhi Besar and includes the Timbalan Qadhi Besar of the State appointed under section 7 (1) (b);

"sepencarian" means the property acquired by the husband and the wife through their joint efforts or common fund;

" Registrar" means Registrar of the Syariah High Court and includes Chief Registrar of the Mahkamah Rayuah Syariah, and Assistant Registrar of the Syariah Subordinate Court appointed under section 7 (1) (d);

[Sub. En. 8/1995]

"State" means the State of Kelantan;

"Syariah Judge" or "Judge" means Judge of the Syariah High Court or Judge of the Syariah Subordinate Court and also includes the Chief Syariah Judge appointed under section 7 (1) (a) ;

[Ins. En. 8/1995]

"taliq" means a declaration made by a husband which provide for divorce of his wife on the occurrence of a certain event or act;

"temporary residence (bermukim)" means having a temporary residence in a particular area;

(2) All words, expressions, definitions and terms used in this Enactment and not specially defined shall be deemed to have the meanings given to them in the Interpretation Act 1967 [Act 23/67].

(3) Unless the context otherwise requires, any reference in this Enactment to specific Parts or Sections shall be construed as to the specific Part or Section of this Enactment.

(4) If any question or dispute arises as to the interpretation of the words, expressions and terms relating to Hukum Syarak, the Court trying the case shall have jurisdiction to give the defination to such words, expressions and terms.