ENACTMENT NO. 4 OF 1993
CRIMINAL OFFENCES IN THE SYARAK ENACTMENT 1991

PART I - PRELIMINARY



Section 2. Interpretation.


In this Enactment unless the context otherwise requires-

"Court" has the same meaning assigned thereto under section 2 of the Administration of the Syariah Court Enactment 1991;

"crime" means a crime in the Syarak;

"Government" has the same meaning assigned thereto in the Administration of Muslim Law Enactment 1963;

"incest" means an act or a series of acts, which is presumed to be contrary to Hukum Syarak between a man and a woman who are prohibited from marrying each other;

"Kadi" has the same meaning assigned thereto under section 18 of the Administration of the Syariah Court Enactment 1991;

"liwat" means sexual intercourse between males or between a male and a female through the anus;

"Majlis" means the Majlis Agama Islam dan Adat Istiadat Melayu, Perlis constituted under section 4 of the Administration of Muslim Law Enactment, 1963;

"married woman" means a female who has been married and whose marriage is still in force;

"mukallaf' means a Muslim who has reached puberty in accordance with the Hukum Syarak and is not mentally defective nor deaf and blind;

"muqaddimah zina" means acts or words between a man and a woman that could culminate in zina;

"musahaqah" means sexual intercourse between a woman and a woman;

"Pegawai masjid" has the same meaning assigned thereto in the Administration of Muslim Law Enactment 1963;

"persetubuhan syubhah" means sexual intercourse between a man and a woman with a presumption that they are legally married but later it was discovered that they are not legally married according to Hukum Syarak;

"Registrar of Islamic Schools" means the Registrar appointed under section 3 of the Control of Islamic Religious Schools Enactment 1990;

"takfir" means to turn a Muslim into a non-believer of Islam.

(2) All words and expressions, definitions and terms used in this Enactment and not specifically defined therein shall be deemed to have the meaning given to them by the Interpretation Act, 1967.

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

(4) The offences set out in this Enactment include not only acts done but also wrongful omissions.



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