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Section 3

Interpretation

of Syariah Civil Procedure Ordinance, 2001

State OrdinanceIn forceProvision 3 of 248
Section 3

—

(1)

In this Ordinance, unless the context otherwise requires—

“bailiff” includes the Registrar or any clerk or officer of the

Court charged with performing the duties of a bailiff;

“certified translation” means a translation of any document certified as correct by an officer of the Court or by any other person accepted by the Court;

“Court” or “Syariah Court” means the Syariah Appeal

Court, the Syariah High Court or the Syariah Subordinate Court, as the case may be, constituted under section 3 of the Syariah

Courts Ordinance, 2001 [Cap. 42];

“day of appearance” means the day appointed in any summons or other proceedings for the appearance of the defendant or any other day for hearing of the proceedings;

“form” means a form set out in the Third Schedule, and a form referred to by a number means the form so numbered in that

Schedule;

“Judge” or “Syariah Judge” means the Chief Syariah Judge, a Judge of Syariah Appeal Court, a Judge of Syariah High Court or a Judge of the Syariah Subordinate Court, as the case may be, appointed under section 4, 5, 6 or 8 of the Syariah Courts

Ordinance, 2001 [Cap. 42];

“judgment” includes grounds of judgment;

“judgment creditor” means a person having the right to enforce judgment for payment of money either by instalment or otherwise;

“judgment debtor” means a person liable under any judgment for payment of money;

“lien” means a right on the property of a judgment debtor to the extent of the indebtedness;

“Majlis” means the Majlis Islam Sarawak established under section 3 of the Majlis Islam Sarawak Ordinance, 2001 [Cap.

41];

“minor” means a person who has not attained the age of eighteen years;

“notice” means written notice unless the Court in any case shall order otherwise;

“Peguam Syarie” means a person who has been admitted as

Peguam Syarie under section 28 of the Syariah Courts Ordinance,

2001 [Cap. 42];

“person under disability” includes an infant, a person of unsound mind and a person prohibited from administering his property;

“prescribed” means prescribed by rules made under this

Ordinance;

“Registrar” means the Chief Registrar of the Syariah Appeal

Court, the Registrar of the Syariah High Court or an Assistant

Registrar of the Syariah Subordinate Court, as the case may be, appointed under section 9 of the Syariah Courts Ordinance, 2001

[Cap. 42].

(2)

All words and expressions used in this Ordinance and not herein defined but defined in the Majlis Islam Sarawak Ordinance,

2001 [Cap. 41], the Syariah Courts Ordinance, 2001 [Cap. 42], the

Islamic Family Law Ordinance, 2001 [Cap. 43] or any other written law for the time being in force shall have meanings assigned thereto to the extent that such meanings do not conflict with Islamic Law.

(3)

For the avoidance of doubt as to the identity or interpretation of words and expressions used in this Ordinance 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.