In forceAs enactedCurrent version · As enactedSee versions on Attorney General's Chambers(opens the publisher’s site)
Syariah Courts Evidence Order, 2001 · As enacted · Part III · Production and Effect of Evidence
Syariah Courts Evidence Order, 2001 · As enacted · Part III · Production and Effect of Evidence
Official textFrom Attorney General's Chambers, unchanged
Subject to Hukum Syara' and the provision of this section, all Muslims shall be competent to give -
{a}
bayyinah; or
{b)
syahadah provided that they shall be of sound mind, baligh, 'adil, have a good memory and are not imputed. In hudud cases they shall also be able to speak, see and hear.
Subject to Hukum Syara' and the provision of this section, a non-Muslim shall be competent to give -
{a}
bayyinah upon a Muslim and non-Muslim;
{b)
syahadah of a non-Muslim upon or for a non-Muslim is admissible if he is credible according to his religion.
The persons who are competent to give bayyinah but not competent to give syahadah are -
{a}
a person who is not considered to be 'adil whereby his badness overrides his goodness or always talks lies or of bad character;
{b) a child who is not baligh or a person who is baligh but of unsound mind;
{c) a person who is known to have a weak memory or is forgetful or suffers from lapses of memory;
{d) a person who is suspected because of his good relationship with or who has an interest in the relevant party;
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{e)
a person who is suspected because of his bad relationship with the relevant party; and
{f) an accomplice against his accomplice.
A person convicted of qazaf who is liable to hadd, his bayyinah is admissible. If he shows repentance, his bayyinah or syahadah is admissible according to Hukum Syara'.
Dumb, deaf or blind witnesses.