ENACTMENT 4 MUSLIM WILLS (STATE OF MALACCA) ENACTMENT 2005
PRELIMINARY
Section 2. Interpretation.
(1) In this Enactment, unless the context otherwise requires—
“bequest” means gift by will, property or benefit of property;
“beneficiary” means a person that benefits as result of a will and, in relation to the proceeds of a will, includes a religious or charitable purpose not opposed to Hukum Syarak;
“born alive” means a person who is born alive according to Hukum Syarak;
“Administration Enactment” means the Administration of the Religion of Islam (State of Malacca) Enactment 2002 [Enactment No. 7 of 2002];
“Judge” means a Syariah Judge appointed in accordance with the Administration Enactment;
“Hukum Syarak” means Hukum Syarak according to Mazhab Shafie or any one of Mazhab Hanafi, Maliki, or Hambali;
“property” includes movable and immovable property, any interest in any movable or immovable property, and right, title, claim, chose-in-action, whether present or future, or which is otherwise of values in accordance with Hukum Syarak;
“estate” means all properties of a deceased person;
“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;
“Court” has the same meaning assigned to it in the Administration Enactment;
“person” includes a body of persons, corporate or unincorporate;
“person of unsound mind” means—
(a) a person found under section 10 of the Mental Disorders Ordinance 1952 [Ordinance No. 31/52], to be of unsound mind and incapable of managing himself and his affairs;
(b) a person certified insane under section 4 of the Lunatics Ordinance of Sabah [Chapter 74]; and
(c) a person found under section 5 of the Mental Health Ordinance 1961 of Sarawak [Ordinance No. 16/61] to be of unsound mind and incapable of managing himself or his affairs, and includes any other person of unsound mind incapable of managing himself or his affairs;
“qarinah” means a fact connected with another fact in any of the ways referred to in the Syariah Court Evidence (State of Malacca) Enactment 2002 [Enactment No. 8 of 2002];
“urf” means a custom or practice recognized by society or a certain class of people whether in the form of word or deed as long as it is not inconsistent with Hukum Syarak;
“guardian of property” means a person responsible for the execution of a will and includes a person appointed as a guardian of property by the Court;
“heir” means a person who is entitled to inherit the estate in accordance with Hukum Syarak;
“executor” means a person to whom the execution of a will of a deceased person is confided and includes a person appointed as executor by the Court;
“will” means a iqrar of a person made during his life time with respect to his property or benefit thereof, to be carried out for the purposes of charity or for any other purpose permissible by Hukum Syarak, after his death.
(2) All words and expressions in this Enactment and which are not defined in this Enactment but defined in Part I of the Interpretation Act 1948 and 1967 [Act 388] shall have the meanings assigned to them respectively in that Part to the extent that such meaning 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 in the Schedule.