ENACTMENT No. 8 of 2004 SYARIAH COURT EVIDENCE (STATE OF PENANG) ENACTMENT 2004
PART II - PROOF CHAPTER 3 - DOCUMENTARY EVIDENCE
Section 52. Cases in which secondary evidence relating to documents may be given.
(1) Secondary evidence may be given of the existence, condition or contents of a document admissible in evidence in the following cases:
(a) when the original is shown or appears to be in the possession or power—
(i) of the person against whom the document is sought to be proved;
(ii) of any person out of reach of or not subject to the process of the Court; or
(iii) of any person legally bound to produce it,
and when after the notice mentioned in section 53 such person does not produce it;
(b) when the existence, condition or contents of the original have been proved to be admitted in writing
by the person against whom it is proved or by his representative admitted in writing before a Judge or
Commissioner for Oaths who is Muslim;
(c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot forany other reason not arising from his own default or neglect produce it in reasonable time;
(d) when the original is of such a nature as not to be easily movable;
(e) when the original is a public document within the meaning of section 57;
(f) when the original is a document of which a certified copy is permitted by this Enactment or by any other law in force for the time being in Malaysia to be given in evidence;
(g) when the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collection.
(2) (a) In the cases referred to in paragraphs (1)(a), (c) and (d), any secondary evidence of the contents of the documents is admissible.
(b) In the case referred to in paragraph (1)(b), the written admission before a Judge or Commissioner for Oaths who is a Muslim is admissible.
(c) In the case referred to in paragraph (1)(e) or (f), only a certified copy of the document is admissible.
(d) In the case referred to in paragraph (1)(g), evidence may be given as to the general result of the documents by any person who has examined them and who is skilled in the examination of such
documents.