Syariah Courts Evidence Order, 2001 · s 26

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26.
(1)
Statements, written or verbal, of relevant facts made by a person who is dead or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves qarinah in the following cases
{a) when the statement is made by a person as to the cause of death, or as to any of the circumstances of the transaction which resulted in his death comes into question.
Such statements are relevant whether the person who made them was or was not at the time when they were made under expectation of death, and whatever may be the nature of the proceeding in which the cause of death comes into question;
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{b) when the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business or in the discharge of professional duty; or of an acknowledgment written or

BRUNEI DARUSSALAM GOVERNMENT GAZETTE signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce, written or signed by him, or of the date of a letter or other document usually dated, written or signed by him;
{c) when the statement is against the pecuniary or proprietary interest of the person making it, or when, if true, it would expose him or would have exposed him to a criminal prosecution or to a suit for damages;
{d) when the statement gives the opinion of any such person as to the existence of any public right or custom or matter of public or general interest, of the existence of which if it existed he would have been likely to be aware, and when such statement was made before any controversy as to such right, custom or matter had arisen;
{e) when the statement relates to the existence of any relationship by nasab, marriage or sesusuan between persons as to whose relationship by nasab, marriage or sesusuan the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised;
{f) when the statement relates to the existence of any relationship by nasab, marriage or sesusuan between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged, or in any family pedigree or upon any tombstone, family portrait or other thing on which such statements are usually made, and
·when such statement was made before the question in dispute was raised;
{g) when the statement is contained in any deed or other document which relates to any such transaction as is mentioned in paragraph {a) of section 16;
{h) when the statement was made by a number of persons and expressed feelings or impressions on their part relevant to the matter in question.
Illustrations
{a) The question is whether A was murdered by B; or A dies of injuries received in a transaction in the course of which she was ravished.
The question is whether she was ravished by B; or
The question is whether A was killed by B under such circumstances that a suit would lie against B by A's widow.
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s 26

(1)

Statements, written or verbal, of relevant facts made by a person who is dead or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves qarinah in the following cases

{a) when the statement is made by a person as to the cause of death, or as to any of the circumstances of the transaction which resulted in his death comes into question.

Such statements are relevant whether the person who made them was or was not at the time when they were made under expectation of death, and whatever may be the nature of the proceeding in which the cause of death comes into question;

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{b) when the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business or in the discharge of professional duty; or of an acknowledgment written or

{c) when the statement is against the pecuniary or proprietary interest of the person making it, or when, if true, it would expose him or would have exposed him to a criminal prosecution or to a suit for damages;

{d) when the statement gives the opinion of any such person as to the existence of any public right or custom or matter of public or general interest, of the existence of which if it existed he would have been likely to be aware, and when such statement was made before any controversy as to such right, custom or matter had arisen;

{e) when the statement relates to the existence of any relationship by nasab, marriage or sesusuan between persons as to whose relationship by nasab, marriage or sesusuan the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised;

{f) when the statement relates to the existence of any relationship by nasab, marriage or sesusuan between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged, or in any family pedigree or upon any tombstone, family portrait or other thing on which such statements are usually made, and

·when such statement was made before the question in dispute was raised;

{g) when the statement is contained in any deed or other document which relates to any such transaction as is mentioned in paragraph {a) of section 16;

{h) when the statement was made by a number of persons and expressed feelings or impressions on their part relevant to the matter in question.

Illustrations

{a) The question is whether A was murdered by B; or A dies of injuries received in a transaction in the course of which she was ravished.

The question is whether she was ravished by B; or

The question is whether A was killed by B under such circumstances that a suit would lie against B by A's widow.

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