Syariah Courts Evidence Order, 2001 · As enacted · Chapter II
Section 23
Official textFrom Attorney General's Chambers, unchanged
An ikrar shall be made by a person who is 'akil and baligh.
Unless otherwise provided, the following ikrar are inadmissible fa)
ikrar of a minor who is not baligh;
{b)
ikrar of a lunatic and a mentally retarded person {ma'tuh); and 1 c)
ikrar of a wali or wasi for a person under his custody or responsibility.
An ikrar by a mumaiyiz minor who has been authorized by his wali or guardian to carry on a business or deal with the public shall be regarded as ikrar of an adult and shall be valid.
1547
Explanation
An ikrar made by such minor who has been authorized to do business or deal with the public shall be admissible as ikrar of an adult in respect of matters relating to the business and dealings such as debts, trusts,
1ariyah, mudharabah and others, but is inadmissible in matters relating to mahr, jinayat and kafalah.
A party who benefits from an ikrar need not necessarily be a person who is lakil and baligh.
Explanation - If a person making an ikrar states that the good or property is for the benefit of a minor who is not mumaiyiz, his ikrar is admissible and the person making the ikrar shall be bound by his ikrar.
An ikrar shall be made absolutely and voluntarily without force and any imputation.
Explanation inadmissible:
An ikrar made by threat, inducement or promise is
The person making an ikrar shall do his ikrar solemnly.
The person making an ikrar shall be acknowledged and identified.
( 8)
The person making an ikrar shall take note of the matters in his ikrar.
The person making an ikrar shall be a person who is not mahjur 'alaih.
Ikrar made under the state of intoxication is not admissible in cases punishable with hudud penalty in accordance with Hukum Syara'.
Ikrar made by a deaf or dumb person in Court if he can write or sign which can be understood is admissible except in hudud cases.
Ikrar made under the circumstances of marad al maut concerning the right of another person against him is admissible in accordance with Hukum Syara'.
Ikrar to convict offence of zina.
Part II
On proof
Chapter III
Chapter IV
Part III