ENACTMENT NO. 8 OF 2002 SYARIAH CRIMINAL PROCEDURE ENACTMENT 2002
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 Syariah Court Enactment 1982 [En. No. 3/82];
“guru agama bertauliah” means a person who is given a tauliah to teach by the Council of the Religion of Islam and Malay Custom, Kelantan;
[Am. En. A4/2002]
“Judge” or “Syariah Judge” has the same meaning assigned thereto in 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 Syariah Judge” has the meaning assigned thereto in the Administration Enactment;
“Chief Religious Enforcement Officer” and “Religious Enforcement Officer” means the Ketua Penyelia Agama or Penyelia Agama appointed under paragraph 7 (1) ( b) of the Administration Enactment;
“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;
“Majlis” means the Majlis Agama Islam dan Adat Istiadat Melayu Kelantan established under subsection 5 (1) of the Council of the Religions Islam and Malays Custom, Kelantan, Enactment 1994 [En. No. 4/94], or any written law;
“Mufti” has the meaning assigned thereto in the Administration Enactment;
“Pegawai Masjid” has the meaning assigned thereto in the Council of the Religion of Islam and Malay Custom, Kelantan, Enactment 1994 [En. No. 4/94];
“Peguam Syarie” has the meaning assigned thereto in the Administration Enactment;
“Registrar” has the same meaning assigned thereto in the Administration Enactment;
“Prosecutor” has the meaning assigned thereto in the Administration Enactment;
“Syariah Prosecutor” means the Pendakwa Syarie and so many Timbalan Pendakwa Syarie;
“penggawa” means a penggawa appointed by the State Authority;
[Am. En. A4/2002]
“penghulu” means a penghulu appointed by the State Authority;
[Am. En. A4/2002]
“youthful offender” means an offender above the age of ten and below the age of sixteen years;
“witness” does not include an accused person.
“President” means the President of the Majlis appointed under paragraph 9 (1) ( a) of the Council of the Religion of Islam and Malay Custom, Kelantan, Enactment 1994 [En. No.4/94];
(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.