Section 18. Admissibility of iqrar. (SYARIAH COURT EVIDENCE (TERENGGANU) ENACTMENT 2001

ENACTMENT NO. 6 OF 2001
SYARIAH COURT EVIDENCE (TERENGGANU) ENACTMENT 2001

PART I - RELEVANCY
CHAPTER 2 - QARINAH
Iqrar

Section 18. Admissibility of iqrar.

(1) The following iqrar is inadmissible:

(a) iqrar

of a person who is not

'aqil baligh

;

(b)

subject to subsection (2),

iqrar

of a minor;

(c) iqrar

of a lunatic or a mentally retarded person

(ma'tuh)

;

(d) iqrar

wali

or guardian made on behalf of a person under his custody and responsibility;

(e) iqrar

which is not made voluntarily; or

(f) iqrar

of a person who is restrained under any written law to administer his property

(Mahjur 'alaih).

(2) An iqrar made by a mumayyiz minor who has been authorized by his wali or guardian to carry on any business or dealing shall be admissible in so far as it relates to such business or dealing.

(3) The party who benefits from an iqrar need not necessarily be a person who is 'aqil 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.