ENACTMENT No. 8 Of 1990 EVIDENCE ENACTMENT OF THE SYARIAH COURT 1989
PART III - PRODUCTION AND EFFECT OF EVIDENCE Chapter VII - Witnesses
Section 83. Who may testify as witnesses (shahadah and Al-Bayyinah).
(1) Subject to Hukum Syarak and the provision of this section, all Muslims shall be competent to give evidence as witnesses (syahadah) provided that they are of sound mind, baligh, adil, having good memory and does not create bare allegation.
(2) A non-Muslim is competent to give Al-Bayyinah for a Muslim if the evidence given is admissible according to Hukum Syarak.
Explanations-
(a) Evidence of a non-Muslim expert a Muslim is admissible if necessary.
(b) A non-Muslim is competent to give evidence for another non-Muslim.
(3) A person who is not adil in which his bad character exceeds his good character or always speak lies or having damaging morality is not qualified to give syahadah.
(4) When a person is a non-Muslim, he shall be believed according to his religion.
(5) A minor who is not baligh may give Al-Bayyinah but a person who is baligh having disturbed or unsound mind is not qualified to give syahadah and Al-Bayyinah.
Explanation-
Evidence of a minor is cases of injury caused by some minor upon others so long as there are no misunderstanding between them and is at the place of incident is admissible.
(6) A person who is known to have a weak memory or is forgetful or having memory lapse is not qualified to give syahadah.
(7) A person whose credibility is doubtful because of his good relation and having interest with the contending parties is not qualified to give syahadah.
(8) A person whose credibility is doubtful because of his bad relation with the contending parties is not qualified to give syahadah.
Explanation-
Adil means a Muslim who is known for performing prescribed religious duties and abstains from sins.