ENACTMENT NO. 12 OF 1994 SYARIAH COURT EVIDENCE ENACTMENT 1994
PART I - RELEVANCY CHAPTER 2 - QARINAH Iqrar
Section 18. Iqrar qualified.
(1) An iqrar shall be made by a person who is akil baligh.
(2) Unless otherwise provided, the following iqrar are admissible-
(a) iqrar of a minor;
(b) iqrar of a lunatic or a mentally retarded person (ma'tuh); or
(c) iqrar of a wali or guardian made for a person under his custody and responsibility.
(3) An iqrar by a mumayyiz minor who has been authorised by his wali or guardian to carry on a business and deal with the people shall be regarded as an iqrar of an adult for the purpose of this section and an iqrar made by him shall be valid.
Explanation - An iqrar made by such minor who has been authorised to do business and deal with the public shall be admissible as an iqrar of an adult in respect of matters relating to the business and dealings such as debts, trusts, ariyah, mudharabah, gash and others, but is inadmissible be accepted in matter relating to mahr (dowry), jinayat (liable to a fine) and kifalah (security).
(4) A party who benefits from such an iqrar need not (iqrar) may necessarily be a person who is akil baligh.
Explanation - If a person making an iqrar states that the goods or property is for the benefit of a minor who is not 'mumayyiz', his iqrar is admissible and the person making the iqrar shall be bound by his statement.
(5) An iqrar be made voluntarily without any compulsion.
(6) A person who made an admission (iqrar) shall be a person who is not ordered to administer his property (Mahjur' alaih).
(7) An admission (iqrar) made under the influence of intoxicants shall not be accepted in cases liable to hudud in accordance with Islamic Law.