Syariah Courts Evidence Order, 2001 · As enacted · Part III · Production and Effect of Evidence
106. (1)
Official textFrom Attorney General's Chambers, unchanged
Syahadah in the case of zina in order to convict an offence of hadd is inadmissible unless it is given by at least 4 male syahid who have seen it.
A claim by a person who is known to be rich that he has become a pauper is inadmissible unless it is corroborated by syahadah of at least 3 male syahid.
Explanation -
Admission of a person that he has become a pauper in the determination of zakat or for the purpose of abandoning the burden to pay debts or maintenance of the family and wife on himself is inadmissible unless it is corroborated by syahadah of at least 3 male syahid.
1587
Syahadah in the cases of sariqah, hirabah, qazaf and consuming alcoholic drinks in order to convict an offence of hudud is inadmissible unless it is given by at least 2 male syahid who have seen it.
Syahadah of a male person in the following circumstances-
a teacher in a case of school-children;
an expert in the valuation of damaged goods;
evidence as to the acceptance and rejection of syahid;
notification of dismissal of a representative;
notification of defects in the goods for sale, is admissible.
Syahadah of a female person is admissible in any matter which is usually seen by a female person.
Illustration
Syahadah of a female person who breast-fed a child or that of a midwife in matters relating to menstruation, birth, breastfeeding and of embarrassment to a female is admissible.
In matters other than as referred to in the preceding subsections, syahadah shall be given by 2 male syahid or by one male and 2 female syahid.
Syahadah of a syahid with yamin.