ENACTMENT NO. 12 OF 1994 SYARIAH COURT EVIDENCE ENACTMENT 1994
PART III - PRODUCTION AND EFFECT OF EVIDENCE CHAPTER 6 - BURDEN OF PROOF
Section 77. Burden of proving that case of accused comes within exceptions.
When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the general exceptions of any law or within any of the special exception or proviso contained in any other part of the law, is upon him, and the Court shall presume the absence of those circumstances.
ILLUSTRATIONS
(a) A is accused of unlawful cohabitation with B. The prosecution produce evidence to show that A had divorced his wife B.
A claims that he was forced to divorce his wife.
The burden of proving that he was forced lies on A.
(b) C, is accused of committing unlawful sexual intercourse with D.
C claims that he had already married D in a foreign country.
The burden of proving that such a marriage took place lies on C.