ENACTMENT NO. 12 OF 1994 SYARIAH COURT EVIDENCE ENACTMENT 1994
PART III - PRODUCTION AND EFFECT OF EVIDENCE CHAPTER 7 - WITNESSES
Section 83. Who may testify as witnesses.
(1) Subject to Islamic law and the provision of this section, all Muslim shall be competent to give syahadah or bayyinah as witness provided that they are of sound mind, baligh, adil, has a good memory and is not prejudiced.
(2) A non-Muslim shall be competent to give bayyinah for a Muslim if his testimony is adminissible according to Islamic law.
Explanations -
(a) The Bayyinah of an expert who is a non-Muslim, against a Muslim if required, is admissible.
(b) A non-Muslim is competent to give bayyinah for another non-Muslim.
(3) A person who does not have an adil attribute in which bad and whose bad qualities outweighs his good qualities or is a habitual liar or is immoral is competent to give bayyinah but not competent to give syahadah.
(4) Where the person mentioned in subsection (3) is a non-Muslim, he must be person who can be believed in accordance with his religion.
(5) A minor who is not baligh or a person who is baligh but who is of or unsound mind is competent to give bayyinah but not competent to give syahadah.
Explanation - Evidence of a minor in the case of injury caused by some minors upon others is admissible provided so long as there is no misunderstanding between them and still are at the scene of the incident.
(6) A person who is known to have a weak memory or is forgetful or have necessary lapses of memory is competent to give bayyinah but not competent to give syahadah.
(7) A person who is being doubted because of his good relationship and who have an interest with the contending party is competent to give bayyinah but not competent to give syahadah.
(8) A person who is being doubt because of his bad relationship with the contending party is competent to give bayyinah but not competent to give syahadah.
Explanation - "Adil" means a Muslim who is known to be carrying out his religious obligations and who for performing prescribed religious duties, abstains from committing capital sins and who is not perpetually committing minor sins;
Provided that if the witness a non-Muslim, he must be a person who can be believed in accordance with his religion or belief.