Syariah Courts Evidence Order, 2001 · s 101

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101.
(1)
In a civil case, evidence shall be given by mudda 'ii in support of his claim and mudda'a 'alaih shall give evidence denying or disputing the claim made by mudda'ii.
(2)
Where mudda'ii fails to give evidence or to assert a fact in respect of his claim whereas mudda'a 'alaih has evidence to the satisfaction of a Judge mudda'a
'alaih is not required to be asked to take yamin and the claim made by mudda'ii against him shall be dismissed.
(3)
Where mudda'ii fails to give evidence or to assert a fact in respect of his claim and mudda 'a 'alaih also has no evidence to the satisfaction of a Judge, the
Judge shall on the request by mudda'ii ask mudda'a 'alaih to take yamin, if he does so he has no liability and the claim made by mudda'ii against him shall be dismissed.
(4)
Where mudda'a 'alaih refuses to take yamin, the Judge may on the request of mudda'a 'alaih ask mudda'ii to take yamin upon which his claim shall be admitted.
(5)
In a criminal case, evidence shall be given by mudda'ii and mudda'a
'alaih, unless mudda 'a 'alaih pleads guilty.
1585

Court to order taking of yamin.

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s 101

(1)

In a civil case, evidence shall be given by mudda 'ii in support of his claim and mudda'a 'alaih shall give evidence denying or disputing the claim made by mudda'ii.

(2)

Where mudda'ii fails to give evidence or to assert a fact in respect of his claim whereas mudda'a 'alaih has evidence to the satisfaction of a Judge mudda'a

'alaih is not required to be asked to take yamin and the claim made by mudda'ii against him shall be dismissed.

(3)

Where mudda'ii fails to give evidence or to assert a fact in respect of his claim and mudda 'a 'alaih also has no evidence to the satisfaction of a Judge, the

Judge shall on the request by mudda'ii ask mudda'a 'alaih to take yamin, if he does so he has no liability and the claim made by mudda'ii against him shall be dismissed.

(4)

Where mudda'a 'alaih refuses to take yamin, the Judge may on the request of mudda'a 'alaih ask mudda'ii to take yamin upon which his claim shall be admitted.

(5)

In a criminal case, evidence shall be given by mudda'ii and mudda'a

'alaih, unless mudda 'a 'alaih pleads guilty.

1585

Court to order taking of yamin.