ENACTMENT NO. 16 OF 1992
SYARIAH COURTS EVIDENCE ENACTMENT 1992

PART I - RELEVANCY
CHAPTER II - QARINAH



Section 18. Conditions of admission.

(1) An admission shall be made by a person who is akil baligh.

(2) Except otherwise provided, the following admissions shall not be accepted-

(3) An admission 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 adult for the purpose of this section and an admission made by him shall be accepted as valid.

Explanation - Admission made by such minor who has been authorised to do business and deal with the people shall be treated like that of an adult in respect of matters relating to business and dealing such as debt, trust, ‘ariyah, mudarubah, ghaib and others, but shall not be accepted in matter relating to mahr (dowry) jinayat (liability to fine) and kifalah (security).

(4) Party to benefit from admission may be a person who is not akil baligh.

Explanation - If a person made an admission saying that “that thing or property is for the benefit of a minor who is not mumayyiz”, his admission shall be accepted and the person who made the admission shall be bound by the admission.

(5) An admission shall be made voluntarily without coercion.

(6) A person who made an admission shall be a person who is not ordered to administer his property (Mahjuralaih)

(7) An admission made under the influence of intoxicants shall not be accepted in cases liable to hudud in accordance with Islamic Law.




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