Section 2

in relation to the Federal Territory of Kuala Lumpur, as modified by the Federal Territory (Modification of

Administration of Muslim Law Enactment) Orders 1974 [P.U. (A) 44 of 1974], 1981 [P.U. (A) 390 of 1981] and 1988 [P.U. (A) 263 of 1988] made pursuant

Syariah Criminal Procedure (Federal Territories) 19

to subsection 6(4) of the Constitution (Amendment)

(No. 2) Act 1973 [Act A206] and in force in the

Federal Territory of Kuala Lumpur by virtue of subsection 6(1) of the Act and Administration of

Muslim Law (Amendment) Act 1984 [Act A576];and

in relation to the Federal Territory of Putrajaya, as modified and extended by the Federal Territory of

Putrajaya (Extension and Modification of Syariah

Criminal Procedure (Federal Territories) Act 1997) Order 2002 [P.U. (A) 284/2002] made pursuant to section 7 of the Constitution (Amendment) Act 2001 [Act A1095];

“Federal Territories” means the Federal Territories of Kuala

Lumpur and Labuan;

“Hukum Syarak” means Hukum Syarak according to the Mazhab

Shafie, or according to one of the Mazhab Maliki, Hanafi or Hanbali;

“Judge” means a Judge appointed under subsection 43(1) or 44(1)

of the Administration Act;

“Majlis” has the meaning assigned thereto in the Administration

Act;

“Mufti” has the meaning assigned thereto in the Administration

Act;

“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 Act;

20 Laws of Malaysia ACT 560

“Peguam Syarie” has the meaning assigned thereto in the

Administration Act;

“Prosecutor” means the Chief Syariah Prosecutor or the Syariah

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 Act;

“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;

“Syariah Prosecutor” has the meaning assigned thereto in the

Administration Act;

“witness” does not include an accused person;

“youthful offender” means an offender above the age of ten and below the age of sixteen years.

All words and expressions used in this Act and not herein defined but defined in the Interpretation Acts 1948 and 1967 [Act 388] shall have the meanings assigned thereto to the extent that such meanings do not conflict with Hukum Syarak.

For the avoidance of doubt as to the identity or interpretation of the words and expressions used in this Act that are listed in the First

Schedule, reference may be made to the Arabic script for those words and expressions as shown against them in the Schedule.

Trial of offences by the Court