Syariah Courts Evidence Order, 2001

Application.

"

1adil" means a Muslim who performs the prescribed religious duties, abstains from committing capital sins and is not perpetually committing minor sins;

" 'ariyah" means giving a beneficial loan of any article free of charge or without consideration without affecting the ownership, provided that the article is to be returned;

"baligh" means a person who has attained the age of puberty in accordance with Hukum Syara';

"bayyinah" means evidence which proves a right or interest including qarinah;

"computer" has the meaning ascribed thereto by section 30(8);

"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);

"disproved", a fact is said to be "disproved" when, after considering the matters before it, the Court either believes that it does not exist or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist;

"document" means any matter expressed, described, or howsoever represented, upon any substance, material, thing or article, including any matter embodied in a disc, tape, f:tlm, sound track or other device whatsoever, by means of

{a}

letters, figures, marks, symbols, signals, signs, or other forms of expression, description, or representation whatsoever;

{b)

any visual recording (whether of still or moving images);

{c)

any sound recording, or any electronic, magnetic, mechanical or other recording whatsoever and howsoever made, or any sounds, electronic impulses, or other data whatsoever;

{d)

a recording, or transmission, over a distance of any matter by any, or any combination, of the means mentioned in paragraph {a}, (b),

{c), or by more than one of the means mentioned in paragraphs {a}, (b),

{c) and {d), intended to be used or which may be used for the purpose of expressing, describing, or howsoever representing, that matter.

Illustrations

A writing is a document.

Words printed, lithographed or photographed are documents.

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A map, plan, graph or sketch is a document.

An inscription on wood, metal or stone is a document.

A drawing, painting, picture or caricature is a document.

A photograph or a negative is a document.

A recording, tape of a telephonic communication, including a recording of such communication transmitted over a distance, is a document.

A photographic or other visual recording, including a recording of photographic or other visual transmission over a distance, is a document.

A matter recorded, stored, processed, retrieved or produced by a computer is a document.

"evidence" includes fa}

bayyinah and syahadah;

{b) all statements which the Court permits to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence;

{c) all documents produced for the inspection of the Court: such documents are called documentary evidence.

"fact" means and includes -

{a} any thing, state of things or relation of things capable of being perceived by the senses;

{b) any mental condition of which any person is conscious.

Illustrations fa} That there are certain objects arranged in a certain order in a certain place is a fact.

{b J That a person heard or saw something is a fact.

{c) That a person said certain words is a fact.

{d) That a person holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a

BRUNEI DARUSSALAM GOVERNMENT GAZETTE particular sensei or is or was at a specifi.ed time conscious of a particular sensation, is a fact.

{e) That a person has a certain reputation is a fact.

"fact in issue" means any fact from which 1 either by itself or in connection with other facts, the existence/ non-existence1 nature or extent of any right, liability or disability asserted or denied in any suit or proceeding necessarily follows.

Illustrations

A is accused of an offence of khalwat with B.

At his trial the following facts may be in issue that A and B were together in a closed room; that A and B were together in a vehicle parked in a secluded place.

11 haild" means any criminal punishment or penalty as ordained by

Al-Quran or Sunnah Rasullullah Sallallahu Alaihi Wassalam;

"Hukum Syara' " means the laws of any sects which the Court considers valid;

''jinayat" means an act prohibited by Hukum Syara', whether the act affects life or property or any other thing;

"Judgen means a Syar'ie Judge appointed under sections 9(1), 10(1) and 11 of the Syariah Courts Act (Chapter 184) and includes the Chief

Syar'ie Judge;

"kafalah 11 means consolidating the liabilities of the guarantor with that of the person guaranteed in an obligation to a right such as debts, such debts are therefore under the liabilities of both of them;

"mahjur 'alaih" means a person forbidden in accordance with Hukum

Syara' to administer his property;

nmahr" means mas kahwin which is something compulsory given by a husband to his wife by reason of solemnization in accordance with

Hukum Syara';

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

"Minister" means the Minister of Religious Affairs;

"mudda'ii" means a person who prosecutes or claims a right;

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"muddaja 'alaih" means a person who is prosecuted or claimed in respect of a right;

"mudharabah" means a person who hands over his property to someone else to be commercialised and share the profits among themselves;

"mumaiyiz" means a child who has attained the age of being capable to differentiate a matter;

"muzakki" means a person who on the order of the Court gives information with regards to a witness whether he is 'adil or not;

nnot proved", a fact is said to be "not proved" when it is neither proved nor disproved;

"proved", a fact is said to be "provedn when, after considering the matters before it, the Court either believes it to exist or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists;

"qisas" means retaliation or similar penalty to punish offences of murder or causing bodily harm to anybody;

"syahadah" means true statement in Court by applying the word

"asyhadu" to conclude a person the case or interest upon another person, and on conviction it shall be binding on the Judge;

"syahadah ala al syahadah" means evidence in the form of syahadah which may be given by a person "syahid" (syahid furu') or syahadah given by another syahid (syahid asal) who requests him to do so;

"syahid" means a person who gives evidence by syahadah;

"syahid asal" means a person requesting any other person to give syahadah on his behalf;

"syahid furu"' means a person who gives syahadah on syahadah given by the syahid asal who requests him to do so;

"Syariah 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);

nsyar'ie Judge" means a Syar'ie Judge appointed under sections 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);

"tazkiyah al syuhud" means inquiry conducted by the Court upon witnesses to determine whether those witnesses are 'adil or not;

"witness" does not include the accused in criminal proceedings and the parties in civil proceedings;

"yamin" means statement made solemnly regarding matters that would occur or otherwise occur or confirming it by pronouncing Allah or one of Allah's attributes.

Reference to Arabic script.

Sultan and Yang Di-Pertuan, from time to time amend the Schedule.

Text in Malay language shall prevail.

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