Islamic Family Law Act · s 60A

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60A.
Interpretation of this Part
In this Part, unless the context otherwise requires —
“child” means an unmarried person who has not attained the age of 18 years qamariah;
“dharar Syar’ie” means the commission of any of the following acts —
(a) wilfully or knowingly causing, or attempting to cause, a family member in fear of hurt;
(b) causing hurt to a family member by such act which is known or ought to have been known would result in hurt;
(c) compelling the family member by force or threat to engage in any conduct or act from which he has a right to abstain;
(d) wrongfully confining or restraining a family member against his will;
(e) continual harassment with intent to cause distress, annoyance or humiliation, or knowing that it is likely to cause distress, annoyance or humiliation, to a family member; or
(f)
causing destruction, damage or loss of property of a family member, or causing financial loss to a family member;
“enforcement officer” means a police officer or any person appointed in writing by the Director of Community Development or the Director of Syariah Affairs;
“expedited order” means an order made under section 60C(1);
“family member”, in relation to a person, means —
(a) a spouse or former spouse of that person;

Islamic Family Law 48
(b) a child of that person and their descendants, including an adopted child and a step-child;
(c) the father or mother of that person;
(d) a father-in-law or mother-in-law of that person;
(e) a grandfather or grandmother of that person or any of their ascendants, whether on the side of the father or mother of that person; or
(f)
any relative or other person who in the opinion of the Court should, in the circumstances, be regarded as a member of the family of that person;
“incapacitated adult” means an adult who is wholly or partially incapacitated or infirm, by reason of physical or mental disability, ill-health or old age.
“place of protection” means any place or institution —
(a) declared as such under section 60I(1);
(b) maintained or managed by any agency or voluntary organisation approved by the Minister of Culture, Youth and
Sports for the purposes of this Part; or
(c) suitable whereby the owner, occupier or manager is willing to receive the victim;
“protected person” means a person who is protected under a protection order or an expedited order;
“protection order” means an order made under section 60B(1);
“relative” means a person who is related through nasab or marriage, or through fostering or adoption, including de facto adoption;
“shared residence” means the premises at which the parties are, or have been, living together as members of the same household;
“victim” means a victim of dharar Syar’ie.

Islamic Family Law

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s 60AInterpretation of this Part

In this Part, unless the context otherwise requires —

“child” means an unmarried person who has not attained the age of 18 years qamariah;

“dharar Syar’ie” means the commission of any of the following acts —

(a)

wilfully or knowingly causing, or attempting to cause, a family member in fear of hurt;

(b)

causing hurt to a family member by such act which is known or ought to have been known would result in hurt;

(c)

compelling the family member by force or threat to engage in any conduct or act from which he has a right to abstain;

(d)

wrongfully confining or restraining a family member against his will;

(e)

continual harassment with intent to cause distress, annoyance or humiliation, or knowing that it is likely to cause distress, annoyance or humiliation, to a family member; or

(f)

causing destruction, damage or loss of property of a family member, or causing financial loss to a family member;

“enforcement officer” means a police officer or any person appointed in writing by the Director of Community Development or the Director of Syariah Affairs;

“expedited order” means an order made under section 60C(1);

“family member”, in relation to a person, means —

(a)

a spouse or former spouse of that person;

Islamic Family Law 48

(b)

a child of that person and their descendants, including an adopted child and a step-child;

(c)

the father or mother of that person;

(d)

a father-in-law or mother-in-law of that person;

(e)

a grandfather or grandmother of that person or any of their ascendants, whether on the side of the father or mother of that person; or

(f)

any relative or other person who in the opinion of the Court should, in the circumstances, be regarded as a member of the family of that person;

“incapacitated adult” means an adult who is wholly or partially incapacitated or infirm, by reason of physical or mental disability, ill-health or old age.

“place of protection” means any place or institution —

(a)

declared as such under section 60I(1);

(b)

maintained or managed by any agency or voluntary organisation approved by the Minister of Culture, Youth and

Sports for the purposes of this Part; or

(c)

suitable whereby the owner, occupier or manager is willing to receive the victim;

“protected person” means a person who is protected under a protection order or an expedited order;

“protection order” means an order made under section 60B(1);

“relative” means a person who is related through nasab or marriage, or through fostering or adoption, including de facto adoption;

“shared residence” means the premises at which the parties are, or have been, living together as members of the same household;

“victim” means a victim of dharar Syar’ie.

Islamic Family Law