Section 2

In this Code, unless the context otherwise requires —

“Act” means the Religious Council and Kadis Courts Act

(Chapter 77);

“bailiff” includes the Registrar or any officer of the Court charged with performing the duties of a bailiff;

“bermastautin” means permanently or ordinarily residing in a certain area;

“bermukim”

means residing without the intention to bermastautin in a certain area whilst not being a traveller;

“certified translation” means a translation of any document certified as correct by the Registrar of the Court or by any other person accepted by the Court;

“Court” means the Syariah Subordinate Court, the Syariah High

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

(Chapter 184);

“form” means a form set out in Schedule 2 and a form referred to by a number means the form so numbered in that Schedule;

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

“judgment” includes grounds of judgment;

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“judgment da’in” means person having the right to enforce judgment for payment of money either by instalment or otherwise;

“judgment madin” means a person liable under any judgment for payment of money;

“lien” means a right on the property of a judgment madin to the extent of the indebtedness;

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

(Chapter 77);

“minor” means a person who has not attained the age of 18 years according to the Islamic calender (qamariah);

“notice” means written notice unless the Court in any case shall order otherwise;

“person of unsound mind” means a person of unsound mind in accordance with Hukum Syara’ or the Mental Health Order, 2014

(S 25/2014);

“person under disability” includes a minor, a person of unsound mind and a person prohibited from administering his property;

“property” means movable or immovable property and includes intellectual property;

“Registrar” or “Registrar of the Syariah Court” means the Chief

Registrar of the Syariah Appeal Court, a Deputy Registrar and

Registrars of the Syariah High Court and Assistant Registrars of the Syariah Subordinate Courts appointed under section 13 of the

Syariah Courts Act (Chapter 184);

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

Appeal Court appointed under section 9(1) of the Syariah Courts

Act (Chapter 184);

“Syariah High Court Judge” means a Judge of the Syariah High

Court appointed under section 10(1) of the Syariah Courts Act

(Chapter 184);

“Syariah Subordinate Court Judge” means a Judge of the Syariah

Subordinate Court appointed under section 11 of the Syariah

Courts Act (Chapter 184);

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“Syar’ie Judge” or “Judge” means a Syar’ie Judge appointed under section 9(1), 10(1) and 11 of the Syariah Courts Act

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

“Syar’ie Lawyer” means a person admitted as Syar’ie Lawyer under section 27(1) of the Syariah Courts Act (Chapter 184).

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

For the avoidance of doubt as to the identity or interpretation of words and expressions used in this Code that are listed in Schedule 1, reference may be made to the form in Arabic script for those words and expressions as shown against them in Schedule.

The Chief Syar’ie Judge may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, amend, delete from or add to Schedule 1.