Enactment No 3 Of 1991
ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1991

PART I - PRELIMINARY



Section 2. Interpretation.


(1) In this Enactment, unless the context otherwise requires-

"ahli kariah" in relation to a kariah masjid, means a person who permanently or habitually resides in the kariah masjid;

"Chief Syarie Judge" means the Chief Syarie Judge appointed under section 43;

"Chief Syarie Prosecutor" means the person appointed under section 65;

"Federal Government legal officers" means a Senior Federal Council, Federal Council and includes a Legal Assistant;

"fitrah" means a unit measure of rice or its equivalent value that must be paid by a Muslim under Hukum Syarak;

"Hukum Syarak" means Islamic Law according to any recognised Mazhab;

"Imam" means an Imam appointed under section 93;

"Jawatankuasa Kariah" means a Jawatankuasa Kariah established under section 98;

"kariah" or "kariah masjid" in relation to a mosque, means the area, the boundaries of which are determined under "section 91, in which the mosque is situated;

"Majlis" means the Majlis Ugama Islam dan Adat Resam Melayu Pahang established under section 4;

"mosque" means a building approved by the Majlis to be used for holding Friday and other prayers and for other religious activities;

"Mosque Officials" means the Imam, Khatib, Bilal and Siak appointed under section 93;

"muallaf" means a person who is a recent convert to Islam;

"Mufti" means the person appointed to be the State Mufti pursuant to section 34 and includes the Deputy Mufti;

"Muslim" means-
"nazar" means an expressed vow to do any act or to dedicate property for any purpose allowed by Hukum Syarak;

"nazar am" means a nazar intended wholly or in part for the benefit of the Muslim community generally as opposed to an individual or individuals;

"Peguam Syarie" means a person appointed under section 66;

"Religious Enforcement Officer" means a person appointed under section 65;

"Secretary" means the Secretary of the Majlis appointed under section 13;

"surau" means a building approved by the Majlis to be used for mass prayers other than Friday prayers and for other religious activities;

"Syariah Appeal Court Judge" means a Syariah Appeal Court Judge appointed under section 54;

"Syariah Courts" means the Syariah Subordinate Court, the Syariah High Court, or the Syariah Appeal Court, as the case may be, constituted under section 42;

"Syariah High Court Judge" means a Syariah High Court Judge appointed under section 43;

"Syariah Subordinate Court Judge" means a Syariah Subordinate Court Judge appointed under section 45;

"wakaf am" means a dedication in perpetuity of the capital and income of property for religious and charitable purposes recognised by Hukum Syarak and the property so dedicated;

"wakaf khas" means a dedication in perpetuity of the capital and income of property for religious and charitable purposes recognised by Hukum Syarak and the property so dedicated, the income of the property being paid to persons or for the purposes as prescribed in the wakaf;

"Yang Dipertua" means the Yang Dipertua of the Majlis appointed under section 7 and includes the Timbalan Yang Dipertua;

"zakat" means a portion of the yearly produce from the cultivation of padi and a portion of income from business, livestock and includes savings, gold and silver according to Hukum Syarak;

"1982 Enactment" means the Administration of the Religion of Islam and the Malay Custom of Pahang Enactment 1982 [Enact 8/82].

(2) All words and expressions used in this Enactment and not herein defined but defined in the Interpretation Acts 1948 and 1967 [Act 388] shall have the meanings thereby assigned to them respectively 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 or expressions used in this Enactment that are listed in the First Schedule, reference may be made to the Arabic script form for those words and expressions as shown against them therein.

(4) The Majlis may from time to time amend, delete from or add to the First Schedule by notification in the Gazette.

(5) If any doubt or difficulty arises in the interpretation of any words or expressions relating to Hukum Syarak, it shall be the discretion of the Syariah High Court to determine the interpretation of such words or expressions.



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