ENACTMENT No. 9 Of 1988
SYARIAH CRIMINAL CODE ENACTMENT 1988

PART I - PRELIMINARY



Section 2. Interpretation.


(1) In this Enactment unless the context otherwise requires:

"Court" has the same meaning assigned thereto under section 2 of the Mahkamah Syariah Enactment 1983;

"Criminal" means syariah criminal;

"Government" has the same meaning assigned thereto in the Administration of Muslim Law Enactment 1962;

"incest" means an act or a series of act, 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 Mahkamah Syariah Enactment 1983;

"Liwat" means an unusual sexual intercourse between a man and a man or between a man and a woman;

"Majlis" means the Majlis Agama Islam Negeri Kedah Darulaman constituted under section 4 of the Administration of Muslim Law Enactment 1962;

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

"Muqaddimah zina" means acts or words between a man and a woman that would culminate in zina;

"Munsyikari" (pimp) means acts or person who acts as a procurer between a female and a male for the purpose which is contrary to Hukum Syarak;

"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 1962;

"Penyelia Agama" means the Supervisor for Al-Quran and Tajwid teachers;

"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 School" means the Registrar appointed under section 3 of the Control of Islamic Religious Schools Enactment 1988;

"State" means the State of Kedah Darulaman;

"Takfir" means to turn a Muslim into a non-believer of Islam;

"Zina" means taboo sexual intercourse between a man and a woman who are not husband and wife.

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

(3) 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 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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