Section 2

In this Enactment, unless the context otherwise requires –

2

"Chief Religious Enforcement Officer" means the Chief Religious Enforcement

Officer appointed under subsection 44B(1) of the Enactment;

"Chief Syar'ie Judge" has the meaning assigned thereto in the Court Enactment;

"Chief Syar'ie Prosecutor" means the Chief Syar’ie Prosecutor appointed under subsection 44A(1) of the Enactment;

"complaint" means the allegation made orally or in writing to a Judge with a view to his taking action under this Enactment that some person whether known or unknown has committed or is guilty of an offence;

"Court" or "Syariah Court" has the meaning assigned thereto in the Court

Enactment;

"Court Enactment" means the Syariah Courts Enactment 2024;

"Enactment" means Majlis Ugama Islam Negeri Sabah Enactment 2004;

"Hukum Syarak" means Hukum Syarak according to Mazhab Syafie or any one of Mazhab Hanafi, Maliki, or Hanbali;

"Judge" means a Judge appointed under subsections 6(1), 7(1), 8(1) or section 9 of the Court Enactment;

"Majlis" has the meaning assigned thereto in the Enactment;

"Mufti" has the meaning assigned thereto in the Fatwa Enactment 2004;

"non-seizable offence" means an offence punishable with imprisonment for less one year or with fine only for which a Religious Enforcement Officer or Police

Officer may not ordinarily arrest without warrant;

"offence" means any act or omission made punishable by any written law prescribing offences against precepts of the religion of Islam and over which the

Court has jurisdiction;

"Pegawai Masjid" has the meaning assigned thereto In the Enactment;

3

"Syar'ie Lawyer" has the meaning assigned thereto in the Court Enactment;

"Prosecutor" means the Chief Syar'ie Prosecutor or the Syar'ie Prosecutor;

"Registrar" means the Chief Registrar or Deputy Chief Registrar of the Syariah

Supreme Court, the Registrar or Deputy Registrar of the Syariah Appeal Court, the Registrar or Deputy Registrar of the Syariah High Court or the Assistant

Registrar of the Syariah Subordinate Courts, as the case may be, appointed under the Court Enactment;

“Religious Enforcement Officer” means a Religious Enforcement Officer appointed under subsection 44B(1) of the Enactment;

"seizable offence" means an offence punishable with imprisonment for one year or more, for which a Religious Enforcement Officer or Police Officer may ordinarily arrest without warrant;

"Syar'ie Prosecutor" means a Syar’ie Prosecutor appointed under subsection 44A(3)

of the Enactment;

"witness" does not include an accused person;

"youthful offender" means an offender above the age of ten and below the age of sixteen years.

All words and expressions used in this Enactment and not herein defined but defined in the Interpretation and General Clauses 1963 shall have the meaning thereby assigned thereto to the extent that such meanings do not conflict with Hukum Syarak.

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 therein.

Trial of offences by the Court