Section 2

wages or salary, including any fee, bonus, commission, overtime pay or other emoluments payable, in addition to wages or salary, by the person paying the wages or salary, or payable under a contract of service;

pension, including an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments of any office or employment;

“faraq” means a separation between husband and his wife either temporarily or permanently;

“fasakh” means the annulment of a marriage by reason of any circumstances permitted by Hukum Syara’ in accordance with section 46;

“hadd ” means any criminal punishment or penalty as ordained by

Al-Quran or Sunnah Rasullullah Sallallahu Alaihi Wasalam;

“harta sepencarian” means property jointly acquired by husband and wife during the subsistence of marriage in accordance with the conditions specified by Hukum Syara’;

“Hukum Syara’ ” means the laws of any sects which the Court considers valid;

“‘iddah” means the duration or period under which a woman is forbidden by Hukum Syara’ to remarry;

“ila” means an oath in the name of Allah or one of His attributes pronounced by a husband that he will not have sexual intercourse with his wife without mentioning a period or for the period of 4

months or more;

“illegitimate” means a child born out of wedlock and not a child conceived from syubhah intercourse;

Islamic Family Law

B.L.R.0. 6/2012 13

“‘iwad” means a substitute;

“janda” means a woman who has been divorced with or without consummating her marriage;

“jurunikah” means a person appointed under section 26 to conduct the solemnisation of a marriage under this Act;

“kaffarah” means a punishment imposed on a husband who commits zihar to his wife;

“khulu’ ” means the dissolution of marriage where the wife has made payment to the husband by mutual consent or by an order of the Court;

“kinayah” means a pronouncement which is not clear and ambiguous except with qarinah or intention;

“li’an” means an allegation of adultery by way of an oath in accordance with Hukum Syara’ made by a husband to his wife whereas his wife by way of an oath in accordance with Hukum

Syara’ rejected the allegation, such allegation and rejection were made before the Syar’ie Judge by saying the words which in accordance with Hukum Syara’ is sufficient to prove li’an;

“Majlis” means the Majlis Ugama Islam constituted under section 5 of the Religious Council and Kadis Courts Act

(Chapter 77);

“mas kahwin” means the obligatory marriage gift from the husband to his wife in accordance with Hukum Syara’;

“Minister” means the Minister of Religious Affairs;

“minor” means a person who has not attained the age of 18 years according to the Islamic calendar (qamariah) for the purpose of guardianship of person and property;

“mumaiyiz” means a child who is capable to differentiate a matter;

“mut’ah” means the obligatory gift from the husband to his divorced wife in accordance with Hukum Syara’;

Islamic Family Law 14

“nafkah” means the obligatory provision of expenses for food, clothing and accommodation for the wife, children, divorcee and any other persons dependent upon a husband or former husband, including parents and stepfathers in accordance with Hukum

Syara’;

“nasab” means descent based on lawful blood relationship;

“nusyuz” means an act by a wife against her husband which is considered as unfaithful in accordance with Hukum Syara’;

“pemberian” means gifts whether of cash or property that have been given by a husband to a wife during their marriage;

“qarabah qarib” means a family relationship of immediate nasab;

“Registrar” means a Registrar of Muslim Marriages, Divorces,

Annulments and Ruju’ appointed under section 26 and includes the Chief Registrar and the Assistant Registrar;

“ruju’ ” means the return to the original state of marriage without the requirement of a new solemnisation of marriage, for a woman who has been subjected to talaq by her husband, except in cases of talaq baain;

“sarih” means a pronouncement which is clear or certain, not ambiguous;

“sesusuan” means where a child, below the age of 2 years according to the Islamic calendar (qamariah), is satisfied by breast feeding on at least 5 occasions by a woman that is not his natural mother;

“Syar’ie Judge” means a Syar’ie Judge who has been appointed under sections 9(1), 10(1) and 11 of the Syariah Courts Act

(Chapter 184) and includes the Chief Syar’ie Judge;

“syubhah intercourse” means sexual intercourse performed under the erroneous impression that the marriage was valid when in fact it was invalid (fasid) or intercourse by mistake and includes any intercourse not punishable by hadd in Islam;

“talaq baain” means a talaq that cannot be ruju’ unless with a new solemnisation;

Islamic Family Law

B.L.R.0. 6/2012 15

“talaq raj’ie” means a divorce by one or two talaq followed by completion of ‘iddah;

“ta’liq” means the vow expressed by the husband after solemnisation of marriage in accordance with Hukum Syara’;

“wali Hakim” means a jurunikah who has been authorised by general appointment by His Majesty the Sultan and Yang

Di-Pertuan to give away a woman in marriage in accordance with

Hukum Syara’;

“wali nasab” means a lawful person in accordance with Hukum

Syara’ to become wali to give away in marriage a woman by descent based on blood relationship in accordance with Hukum

Syara’;

“zihar” means an act by a husband making the back or any parts of the body of his mother or muhrim the same as his wife’s.