Malaysia legislation

Section 2

of *SYARIAH CRIMINAL OFFENCES (FEDERAL TERRITORIES) ACT 1997

Section 2

(a)

in relation to the Federal Territory of Kuala Lumpur, asmodified by the Federal Territory (Modification ofAdministration of Muslim Law Enactment) Orders 1974[P.U. (A) 44 of 1974], 1981 [P.U. (A) 390 of 1981]

and1988 [P.U. (A) 263 of 1988] made pursuant to subsection6(4) of the Constitution (Amendment) (No. 2)

Act 1973[Act A206] and in force in the Federal Territory of KualaLumpur by virtue of subsection 6(1) of that Act and theAdministration of Muslim Law (Amendment) Act 1984[Act A576]; and

(b)

in relation to the Federal Territory of Labuan, as modifiedand extended by the Federal Territory of

Labuan(Modification and Extension of Administration of

MuslimLaw Enactment) Order 1985 [P.U. (A) 352 of 1985] madepursuant to section 7 of the Constitution

(Amendment)(No. 2) Act 1984 [Act A585];

“fatwa”

means any fatwa made under section 34

of theAdministration Act;

Syariah Criminal Offences (Federal Territories) 9

“Federal Territories” means the Federal Territories of Kuala

Lumpur and Labuan;

“incest” means sexual intercourse between a man and a womanwho are prohibited from marrying each other under Islamic Law;

“Islamic

Law”

means

Islamic

Law according to any recognizedmazhab;

“Judge” means a judge of the Syariah Appeal Court, the

SyariahHigh Court, and the Syariah Subordinate Court appointed undersections 41, 42 and 43 respectively, of the Administration Act;

“li’an” means an allegation made by a man under oath in accordancewith Islamic Law that his wife has committed zina;

“liwat” means sexual relations between male persons;

“Majlis”

means the

Majlis

Agama

Islam

Wilayah

Persekutuanestablished under subsection 4(1) of the Administration

Act;

“Mufti” means the person appointed to be the Mufti for theFederal

Territories under section 32 of the Administration Act,and includes the Deputy Mufti;

“muncikari” means a person who acts as a procurer between afemale and male person for any purpose which is contrary toIslamic

Law;

“musahaqah” means sexual relations between female persons;

“qazaf” means making false allegation on any person;

“takfir” means to regard a Muslim as a non-Muslim;

“zina” means sexual intercourse between a man and a womanout of wedlock.

(2)

All words and expressions used in this Act and not hereindefined but defined in the Interpretation Acts 1948 and 1967 [Act388] shall have the meanings thereby assigned to them respectivelyto the extent that such meanings do not conflict with Islamic Law.

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Laws of Malaysia ACT 559

(3)

For the avoidance of doubt as to the identity or interpretationof the words and expressions used in this Act that are listed in theSchedule, reference may be made to the Arabic script for thosewords and expressions as shown against them therein.

Section 2 — SYARIAH CRIMINAL OFFENCES (FEDERAL TERRITORIES) ACT 1997