ENACTMENT NO. 16 OF 1992 SYARIAH COURTS EVIDENCE ENACTMENT 1992
PART III - PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII - WITNESSES
Section 86. Number of witnesses.
(1) No evidence in a zina case which incurs punishment according to hudud is admissible except if it is witnessed by four male persons.
(2) Allegation against a person known to be rich that he has become a bankrupt is not admissible except when it is supported by three male witnesses.
Explanation - Admission that a person is a bankrupt in the collection of zakat and that a person is a bankrupt to relieve him from the burden of repaying debt and the maintenance of the family and wife is not admissible except if witnessed by three male persons.
(3) In the matter of sighting the new moon, evidence of a male person who is adil is admissible.
(4) Evidence of a male person in the following circumstances is admissible-
(a) evidence of a teacher in cases where school children are involved;
(b) evidence of an expert in the valuation of damaged goods;
(c) evidence on the acceptance and rejection of a witness;
(d) notification of the dismissal of a representative;
(e) notification of the bad reputation of any goods for sale.
(5) Evidence of a female person is admissible in matters which are usually seen by a female person.
ILLUSTRATION
Evidence of a female person who breastfeeds a baby and of a midwife in matters of menstruation, birth, breastfeeding and disgrace of woman is admissible.
(6) In matters other than those mentioned above, syahadah shall be given by two male witnesses or one male and two female witnesses.