Section 76. Burden of proving fact necessary to be proved to make evidence admissible (SYARIAH COURTS EVIDENCE ENACTMENT 2004

ENACTMENT NO. 11 OF 2004
SYARIAH COURTS EVIDENCE ENACTMENT 2004

PART III - PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER 1 - BURDEN OF PROOF

Section 76. Burden of proving fact necessary to be proved to make evidence admissible

The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact, is on the person who wishes to give the evidence.

ILLUSTRATIONS

(a) A wishes to prove marad al-maut by B.

A must prove marad al-maut and B's death.

(b) A wishes to prove by secondary evidence the contents of a lost document.

A must prove that the document has been lost.