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

[P.U. (A) 163/1988, P.U. (A) 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 virtue of subsection 6(1) of that Act;

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];

“anak dara” means a woman who has not had sexual intercourse, whether she has been married or not;

“appointed date” means the date appointed under subsection 1(2) for the coming into operation of this Act;

“baligh” means the age of puberty in accordance with Hukum

Syarak;

*NOTE—In relation to the Federal Territory of Putrajaya, as modified and extended by the Federal

Territory of Putrajaya (Extension and Modification of the Islamic Family Law (Federal

Territory) Act 1984) Order 2002 made pursuant to section 7 of the Constitution (Amendment) Act 2001 –

see P.U. (A) 247/2002.

Islamic Family Law (Federal Territories) 13

“Chief Registrar” means a Chief Registrar of Muslim Marriages,

Divorces, and Ruju’ appointed under section 28;

“Chief Syariah Prosecutor” means the officer appointed under subsection 58(1) of the Administration Act;

“Court” or “Syariah Court” means the Syariah Subordinate Court or the Syariah High Court constituted under section 40 of the

Administration Act;

“darar syarie” means harm, according to what is normally recognized by Islamic Law, affecting a wife in respect of religion, life, body, mind, dignity or property;

“fasakh” means the annulment of a marriage by reason of any circumstance permitted by Islamic Law in accordance with section 52;

“Federal Territory” means the Federal Territory of Kuala Lumpur

Labuan or Putrajaya, as the case may require;

“Federal Territories” means the Federal Territories of Kuala

Lumpur, Labuan and Putrajaya;

“fosterage” means the suckling of a baby up to sufficiency by a woman who is not its natural mother for at least five times during the first two years of its life;

“harta sepencarian” means property jointly acquired by husband and wife during the subsistence of marriage in accordance with the conditions stipulated by Hukum Syarak;

“Hukum Syarak” means Hukum Syarak according to the Mazhab

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

“iqrar” means an admission made by a person, in writing or orally or by gesture, stating that he is under an obligation or liability to another person in respect of some right;

14 Laws of Malaysia ACT 303

“illegitimate” in relation to a child means born out of wedlock but not as a result of syubhah intercourse;

“janda” means a woman who has been married and divorced after consummation;

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

Administration Act;

“Kitabiyah” means—

a woman whose ancestors were from the Bani Ya’qub; or

a Christian woman whose ancestors were Christians before the prophethood of the Prophet Muhammad; or

a Jewess whose ancestors were Jews before the prophethood of the Prophet Isa;

“Majlis” means the Majlis Agama Islam Wilayah Persekutuan constituted under section 4 of the Administration Act;

“mas kahwin” means the obligatory marriage payment due under

Hukum Syarak by the husband to the wife at the time the marriage is solemnized, whether in the form of money actually paid or acknowledged as a debt with or without security, or in the form of something that, according to Hukum Syarak, is capable of being valued in terms of money;

“mut’ah’ means a consolatory gift that is reasonable according to

Hukum Syarak, given to a divorced wife;

“nasab” means descent based on lawful blood relationship;

“Peguam Syarie” means a person admitted under section 59 of the

Administration Act to be Peguam Syarie;

“pemberian” means a gift whether in the form of money or things given by a husband to a wife at the time of the marriage;

Islamic Family Law (Federal Territories) 15

“Registrar” means a Senior Registrar of Muslim Marriages,

Divorces, and Ruju’ appointed under section 28, and includes a

Registrar and an Assistant Registrar;

“resident” means permanently or ordinarily living in a particular area;

“ruju’” means a return to the original married state;

“State” includes the Federal Territories of Kuala Lumpur, Labuan and Putrajaya;

“Syariah Appeal Court” means the Syariah Appeal Court constituted under subsection 40(3) of the Administration Act;

“Syariah Appeal Court Judge” means a Syariah Appeal Court Judge appointed under subsection 42(1) of the Administration Act;

“Syariah Judge” or “Judge” means a Judge of the Syariah

Subordinate Court or the Syariah High Court, as the case may be, appointed under subsection 44(1) or 43(1) of the Administration Act respectively;

“syubhah intercourse” means intercourse performed on erroneous impression that the marriage was valid or intercourse by mistake and includes any intercourse not punishable by Had in Islam;

“ta’liq” means a promise expressed by the husband after solemnization of marriage in accordance with Hukum Syarak and the provisions of this Act;

“thayyib” means a woman who has had sexual intercourse;

“wali Mujbir” means the father or paternal grandfather and above;

“wali Raja” means a wali authorized by the Yang di-Pertuan Agong, in the case of the Federal Territories, Malacca, Penang, Sabah and

Sarawak, or by the Ruler, in the case of any other States, to give away in marriage a woman who has no wali from nasab;

16 Laws of Malaysia ACT 303

“widow” means a woman whose husband has died;

“widower” means a man whose wife has died.

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 thereby assigned to them respectively by the Act 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

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

The Yang di-Pertuan Agong may from time to time amend, delete from, or add, to the Schedule.

Saving of prerogative