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Section 2

Interpretation

of Syariah Courts Enactment 2024

State EnactmentIn forceProvision 2 of 50
Section 2
(1)

In this Enactment, unless the context otherwise requires -

"Chief Syar ‘ie Judge" means the Chief Syar 'ie Judge appointed under subsection 5(1);

"civil court" means any court established under Article 121 of the Federal

Constitution;

"Court" or "Syariah Court" means the Syariah Supreme Court, Syariah Appeal Court,

Syariah High Court or Syariah Subordinate Court, as the case may be, established under section 4;

"Hukum Syarak" means Hukum Syarak according to Mazhab Syafie or any one of Mazhab

Hanafi, Maliki or Hanbali;

"Judge" means the Chief Syar 'ie Judge, Syariah Supreme Court Judge, Syariah Appeal

Court Judge, Syariah High Court Judge or Syariah Subordinate Court Judge, as the case may be, appointed under subsections 5(1), 6(1), 7(1), 8(1) or section 9;

"Majlis" means the Majlis Ugama Islam Negeri Sabah established under the Majlis Ugama

Islam Negeri Sabah Enactment 2004 [No. 5 of 2004];

"Mufti" has the meaning assigned to it in section 2 of the Fatwa Enactment 2004

[No. 7 of 2004];

"remote communication technology" means a live video network, live television network or any other means of digital or electronic communication;

"Repealed Enactment" means the Syariah Courts Enactment 2004

[No. 6 of 2004];

“syariah officer” means any syariah offcer under the scheme of judicial service and syariah legislations; and

"Syar 'ie Lawyer" means a person who has been admitted as a Syar ’ie Lawyer under section 34.

(2)

All words and expressions used in this Enactment and not defined in this Enactment but defined in the Interpretation and General Clauses Enactment 1963 [No. 34 of 1963] shall have the meanings assigned to them respectively to the extent that such meanings do not conflict with Hukum Syarak.