ENACTMENT NO. 16 OF 1992
SYARIAH COURTS EVIDENCE ENACTMENT 1992

PART III - PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER IX - TO ENSURE THE EVIDENCE OF THE WITNESS IS TRUE



Section 121. Secret examination.

(1) Secret examination shall be made by a secret letter in which the Judge writes down the name of the defendant or the accused, the matter which is claimed or which he is accused of, the name of the witness, his identification, occupation, place of residence so as to introduce and explain about the witness clearly.

(2) The letter is inserted in a sealed envelope which is then given to a person chosen to be the witness-examiner. As soon as the letter is received and read by the witness-examiner, he shall write below the witness’s name the word ‘adil’ if the witness is found to be adil, and the words ‘not adil’ if the witness is found to be not adil, and shall sign and return the letter to the Judge.

(3) When the secret letter is returned to the Judge and the word ‘adil’ concerning the witness from the witness-examiner does not appear, but there appears a word having the meaning of ‘not’ adil jurh), express or implied, the Judge may require the plaintiff or the prosecution to produce another witness.

Explanation - If the witness-examiner writes: “Witness is not adil”, or he does not know the condition of the witness or his condition is not known, or writes: “Wallahu A'alam”, or he did not write any word, the Judge shall not admit the evidence of the witness.




Copyright © PNMB-LawNet. All rights reserved.