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,

1981 and 1988 [P.U. (A) 44/1974, 390/1981, 163/1988,

263/1988] made pursuant 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

Administration of Islamic Law (Federal Territories) 11

virtue of subsection 6(1) of that Act and Administration of

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

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

(Modification and Extension of Administration of Muslim

Law Enactment) Order 1985 [P.U. (A) 352/1985] made pursuant to section 7 of the Constitution (Amendment)

(No. 2) Act 1984 [Act A585];

“Federal Territories” means the Federal Territories of Kuala Lumpur and Labuan;

“Fund” means the Fund known as Baitulmal established under section 60;

“Imam” means an Imam appointed under subsection 76(3);

“Imam Ratib” means an Imam Ratib appointed under subsection 76(4);

“Islamic Law” means Islamic Law according to any recognized Mazhab;

“Islamic Legal Consultative Committee” means Islamic Legal

Consultative Committee established under subsection 37(1);

“jawatankuasa kariah” means a jawatankuasa kariah established under rules made under section 81;

“kariah masjid”, in relation to a mosque, means the area, the boundaries of which are determined under section 75 in which the mosque is situated;

“Majlis” means the Majlis Agama Islam Wilayah Persekutuan established under subsection 4(1);

“Minister” means the Minister charged with responsibility for the administration of the religion of Islam in the Federal Territories;

12 Laws of Malaysia ACT 505

“mosque” means a building used for holding Friday and other prayers and activities enjoined, recommended, or approved by the religion of Islam, and includes any mosque or surau or madrasah listed in the Third Schedule;

“Mufti” means the person appointed to be the Mufti for the Federal

Territories under section 32, and includes the Deputy Mufti;

“Muslim” means—

a person who professes the religion of Islam;

a person either or both of whose parents were, at the time of the person’s birth, Muslims;

a person whose upbringing was conducted on the basis that he was a Muslim;

a person who has converted to Islam in accordance with the requirements of section 85;

a person who is commonly reputed to be a Muslim; or

a person who is shown to have stated, in circumstances in which he was bound by law to state the truth, that he was a Muslim, whether the statement be verbal or written;

“nazr” means an expressed vow to do an act or to dedicate property for any purpose allowed by Islamic Law;

“nazr ‘am” means a nazr intended wholly or in part for the benefit of the Muslim community generally or any section thereof, as opposed to an individual or individuals;

“Pegawai Masjid” means the Naqib Masjid, Imam, Imam Ratib, Bilal and Pembantu Bilal of a mosque;

“Pembantu Bilal” means a Pembantu Bilal of a mosque appointed under subsection 76(4);

Administration of Islamic Law (Federal Territories) 13

“Secretary” means the Secretary of the Majlis mentioned in section 14;

“Syariah Judge” or “Judge” means Judges of the Syariah High Court appointed under subsection 43(1) but does not include a Judge of the

Syariah Subordinate Courts appointed under subsection 44(1);

“Syariah Prosecutor” means an officer appointed under subsection 58(3);

“wakaf ‘am” means a dedication in perpetuity of the capital and income of property for religious or charitable purposes recognized by

Islamic Law, and the property so dedicated;

“wakaf khas” means a dedication in perpetuity or for a limited period of the capital of property for religious or charitable purposes recognized by Islamic Law, and the property so dedicated, the income of the property being paid to persons or for purposes prescribed in the wakaf.

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 meaning thereby assigned to them respectively to the extent that such meanings do not conflict with Islamic Law.

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 therein.

Saving of prerogative