Section 2
Interpretation
of Muslim Wills State Sabah Enactment 2018
In this Enactment, unless the context otherwise requires -
“beneficiary” means a person or body of persons, corporate or unincorporated that benefits as a result of a will and, in relation to the proceeds of a will, includes a religious or charitable purpose not opposed to Hukum Syarak;
“bequest” means gift by will, property or benefit of property.
“born alive” means a person who is born alive according to Hukum syarak;
“Court” means Syariah Courts established under section 4 of the Syariah Courts Enactment 2004
[No. 6 of 2004] ;
“estate” means all properties of a deceased person;
“guardian of property” means a person responsible for the execution of a will and includes a person appointed as a guardian of property by the Court;
“heir” means a person who is entitled to inherit an estate pursuant to Hukum Syarak;
“Hukum Syarak” means Hukum Syarak according to Mazhab Syafie or according to any one of the Mazhab Hanafi, Maliki 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;
“Majlis“ means Majlis Ugama Islam Negeri Sabah established under the Majlis Ugama Islam
Negeri Sabah Enactment 2004 [No.5 of 2004];
“marad al maut” means a fatal disease which fulfils the following conditions:
(a)
the disease normally resulting in death;
(b)
the disease causes the fear of death in the patient’s mind to the extent of affecting the soundness of mind;
(c)
shall possess some external signs showing that the disease is a serious disease; and
(d)
the disease is suffered continuously for a period of not more than one year;
“person” includes a body of person, corporate or unincorporated;
“person of unsound mind” means a person with mental disorder defined under section 2 of the
Mental Health Act 2001 [Act 615]; and includes any other person of unsound mind incapable of managing himself or his affairs;
“property” includes –
(a)
movable property, immovable property or intellectual property;
(b)
any benefit profit or interest in any movable property, immovable property or intellectual property;
(c)
any right, interest, title or otherwise in connection with movable property, immovable property or intellectual property;
(d)
expertise and services having value in accordance with Hukum Syarak;
“qarinah” means fact connected with the other fact in any ways referred to in the Syariah Court
Evidence Enactment 2004 [No. 11 of 2004];
“urf” means a custom or practice recognized by society or a certain class of people whether in the form of word or deed as long as it is not inconsistent with Hukum Syarak;
“wasi” means a person to whom the execution of a will is entrusted including a person appointed as a wasi by the Court; and
“will” means an iqrar of a person made during his life time with respect to his property or benefit thereof, to be carried out for the purposes of charity or for any other purpose permissible by
Hukum Syarak, after his death.
(2)
All words and expressions used in this Enactment and not defined in this Enactment but defined in Part 1 of the Interpretation and General Clauses Enactment 1963 [Sabah No. 34 of 1963] shall have the meanings assigned to them in that Part 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 in the schedule.