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.

(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.

(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.




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