Section 2

In this Act, unless the context otherwise requires -

bbdon~r"

means a person who makes a hibah;

"hibah" means the transfer of the possession of a property of the donor made voluntarily and without any consideration by the donor to the donee during the lifetime of the donor;

"Hukum Syara'" means the laws of any sects which the Syariah

Court considers valid by prioritising the Shafeite sect that has been accepted (qaul muktamad);

"marad-al-maut" means illness which ordinarily causes death;

"Minister" means the Minister of Religious Affairs;

"parent" means mother or father, and includes their ascendants;

L b p ~ ~ ~ e ~ ~ i o n "

means the power to exercise exclusive control over a property for the purpose of deriving from it such benefit as it is capable of rendering, or is usually derived from it, by reason of having a right on that property;

"property" means any valuable and saleable thing according to

Hukum Syara', but does not include debt for the purpose of making a hibah thereof to any person except the debtor;

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Hibah

"safih" means a person who recklessly spends his property in an inappropriate and unreasonable manner;

"Syariah Court" means the Syariah Subordinate Court, the Syariah

High Court or the Syariah Appeal Court, as the case may be, established under section 6(1) of the Syariah Courts Act

(Chapter 184);

"wyadi 'uh" means property vested in a person, not being the owner of such property, for the purpose of custody and trust.

Any provision or interpretation of any provision in this Act that is inconsistent with Hukum Syara' shall be invalid to the extent of such inconsistency.

In relation to any matter which is not expressly provided for in this Act, the Syariah Court shall apply Hukum Syara '.

All words and expressions used in this Act and not defined therein but defined in the Interpretation and General Clauses Act (Chapter 4) shall have the meanings respectively assigned thereto in that Act to the extent that they do not conflict with Hukum Syara '.

For the avoidance of doubt as to the identity or interpretation of any word and expression used in this Act and listed in the Schedule, reference may be made to the original form in Arabic script with respect to that word and expression shown against it in the Schedule.