Malaysia legislation
Section 2
Section 2
(1)
In this Enactment, unless the context otherwise requires –
“Ahli Sunnah Waljama’ah” means the majority of Muslim who adhere to the
Qur’an and Sunnah and who holds to -
1
(a)
Aqidah and Tauhid of Imam Abu Hassan al-Ash’ari and Imam Mansur al-Maturidi;
(b)
Fiqh and Syariah of Mazhab Syafie and also of Mazhab Hanafi, Maliki and Hanbali and other qualified scholars views; and
(c)
Tasawwuf of manhaj qualified sufi such as Imam Junaid al-Baghdadi and Imam al-Ghazali;
"attempt forbidden sexual intercourse" means acts between a male and a female person leading to zina;
"Court" means the Syariah Court established under the Syariah Courts
Enactment 2024;
"Hudud" means punishment prescribed by Allah or Hadith;
"Hukum Syarak" has the same meaning as assigned thereto in the Syariah Courts
Enactment 2024;
"Judge" means a Syarie Judge appointed under the Syariah Courts Enactment 2024;
"liwat" means sexual intercourse between a man and a man;
"Majlis" has the same meaning as assigned thereto in the Majlis Ugama Islam
Negeri Sabah Enactment 2004;
"muncikari" means a person who acts as a procurer between a female and a male for the purpose which is contrary to Hukum Syarak;
"muquaddimah zina" means acts between a man and a woman that would culminate in zina;
"musahaqah" means sexual intercourse between a woman and a woman;
"qazaf " means allegation of zina against a person;
“religion of Islam” means religion of Islam Ahli Sunnah Waljama’ah;
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"syubhah intercourse" means sexual intercourse between a male and a female person believing that they are lawful husband and wife which later is proved otherwise under Hukum Syarak;
"takfir" means to turn a Muslim into a non-believer of Islamic religion;
"taz'ir" means an offence not prescribed by Al-Quran or Hadith;
"zina" means forbidden sexual intercourse other than rape and syubhah intercourse between a male and a female person who are not husband and wife;
(2)
If any question or dispute arises as to the interpretation of the words, expressions and terms relating to Hukum Syarak, the Court trying the case shall have jurisdiction to determine the definitions of such words, expressions and terms.
Saving of prerogative.