ENACTMENT NO. 16 OF 1992
SYARIAH COURTS EVIDENCE ENACTMENT 1992

PART II - PROOF
CHAPTER V - DOCUMENTARY EVIDENCE



Section 56. Proof of document.

(1) Where the executant of a document denies the writing or execution or the liability created therein, the writing and execution of the said document shall be proved by at least two witnesses to the document.

(2) In the absence of two witnesses, the writing and execution of the document shall be proved by two witnesses who can identify the writing and signature of the writer and executant of the document.

(3) Where witnesses to the document or the persons referred to in subsection (2) prove the writing or signature, the executant of the document shall be bound under the liability created therein.

(4) Where the witnesses to the document or the persons referred to in subsection (2) do not completely prove the writing and the signature of the document, the writing and the signature of the document shall be confirmed to be valid by at least two experts.

(5) Where the experts prove the writing and the signature of the document, the executant of the document shall be bound under the liability created therein.

(6) Where a document is not proved by the aforesaid manner the person who denies the writing and execution of the document, shall on request by the plaintiff, take the oath, and if he refuses to take the oath, the plaintiff shall take the oath and after taking the oath the claim shall be established.




Copyright © PNMB-LawNet. All rights reserved.