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—
“Administration Enactment” means the Administration of Islamic Law Enactment 1991 [Enactment No. 3 of 1991];
“Chief Syariah Judge” has the meaning assigned thereto in the Administration Enactment;
“Chief Syariah Prosecutor” has the meaning assigned thereto in the Administration Enactment;
“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;
“Court” or “Syariah Court” has the meaning assigned thereto in the Administration Enactment;
“Deputy Syarie Prosecutor” means the person appointed under subsection 65(3) of the Administration Enactment;
“Judge” means a Judge appointed under subsection 43(1) or 45(1) of the Administration Enactment;
“Majlis” has the meaning assigned thereto in the Administration Enactment;
“Mufti” has the meaning assigned thereto in the Administration Enactment;
“non-seizable offence” means an offence punishable with imprisonment for less than one year or with fine only for which
a Religious Enforcement Officer or police officer may not ordinarily arrest without warrant;
“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;
“Pegawai Masjid” has the meaning assigned thereto in the Administration Enactment;
“Peguam Syarie” has the meaning assigned thereto in the Administration Enactment;
“Prosecutor” means the Chief Syarie Prosecutor or the Deputy Syarie Prosecutor;
“Registrar” means the Chief Registrar of the Syariah Appeal Court, the Registrar of the Syariah High Court, or Assistant Registrars
of the Syariah Subordinate Court, as the case may be, appointed under the Administration Enactment;
“Religious Enforcement Officer” has the meaning assigned thereto in the Administration Enactment;
“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;
“witness” does not include an accused person.
“Yang Dipertua” has the meaning assigned thereto in the Administration Enactment;
“youthful offender” means an offender above the age of ten and below the age of sixteen years.
(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.