Section 83. Who may testify as witnesses (SYARIAH COURTS EVIDENCE ENACTMENT 2004

ENACTMENT NO. 11 OF 2004
SYARIAH COURTS EVIDENCE ENACTMENT 2004

PART III - PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER 2 - WITNESSES

Section 83. Who may testify as witnesses

(1) Subject to the provision of this section, all Muslim shall be competent to give syahdah or bayyinah as witnesses provided that they are 'aqil, baligh, 'adil, have a good memory and are not prejudiced.

Explanation - A Muslim is deemed to be `adil if he carries out his religious obligations, performs the prescribes religious duties, abstains from committing capital sins and is not perpetually committing minor sins.

(2) Non-Muslim shall be competent to give bayyinah for a Muslim if his testimony is admissible according to Islamic Law.

Explanation - The bayyinah of an expert who is a non-Muslim against a Muslim, if required, is admissible.

(3) A person who is not `adil is competent to give bayyinah but not competent to give syahadah.

(4) A person who is not baligh or a person who is of unsound mind is competent to give bayyinah but not competent to give syahadah.

Explanation - The bayyinah of a minor in the case of an injury caused by some minors upon others is admissible provided that there is no misunderstanding between them and they were present at the scene of the incident.

(5) A person who has a weak memory or is forgetful or suffers from lapses of memory is competent to give bayyinah but not competent to give syahadah.

(6) A person whose credibility is suspected because of his good relationship with and who has an interest in the adverse party is competent to give bayyinah but not competent to give syahadah.

(7) A person whose credibility is suspected because of his bad relationship with the adverse party is competent to give bayyinah but not competent to give syahadah.