ENACTMENT No. 8 Of 1990
EVIDENCE ENACTMENT OF THE SYARIAH COURT 1989

PART II - PROOF
Chapter V - Documentry Evidence



Section 56. Proof of document.

(1) Where the executant of a document denies the writing or execution or the liability created therein, the writing and execution of the said document shall be proved by at least two marginal witnesses of that document.

(2) In the absence of two marginal witnesses, the writing and execution of the document shall be proved by two witnesses who can identify the writing and signature of the writer and executant of the document.

(3) Where marginal witnesses or the witnesses referred to in sub-section (2) proved the writing or signature, the executant of the document shall be bound under the liability created therein.

(4) Where the marginal witnesses or the witnesses referred to in sub-section (2) do not confirm the writing and execution of the document unanimously, the writing and execution of the document shall be confirmed by at least two experts.

(5) Where the experts attest the writing and execution of the document, the executant of the document shall be bound under the liability created therein.

(6) Where a document is not proved by the aforesaid manners the person who denies the writing and execution of the document, shall subject to a demand by the plaintiff, be given oath, and if he refuses to take oath, the plaintiff shall take oath and after taking the oath the plaintiff shall obtain judgment.




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