ENACTMENT No. 8 Of 1990 EVIDENCE ENACTMENT OF THE SYARIAH COURT 1989
PART I - RELEVANCY Chapter I - Preliminary
Section 3. Interpretation.
In this Enactment, unless the context otherwise requires:
"Al-Bayyinah" means evidence that is lucid, clear-cut and solid;
"Court" has the same meaning assigned thereto under section 2 of the Mahkamah Syariah Enactment 1983;
"Civil Court" means any Court other than a Court constituted under the Mahkamah Syariah Enactment 1983;
"disproved", a fact is said to be disproved when after considering the matters before it, the Court either believes that it does not exist or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist;
"document" means any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of those means intended to be used or which may be used for the purpose of recording that matter;
ILLUSTRATIONS
A writing is a document.
Words printed, lithographed or photographed are documents.
A map or plan is a document.
An inscription on a metal plate or stone is a document.
Caricature is a document.
"evidence" includes-
(a) Syahadah and Al-Bayyinah;
(b) all statements which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence;
(c) all documents produced for the inspection of the Court: such documents are called documentary evidence;
"fact" means and includes-
(a) anything, state of things or relation of things capable of being perceived by the senses;
or
(b) any mental condition of which any person is conscious-
ILLUSTRATIONS
(a) That there are certain objects arranged in a certain order in a certain place is a fact;
(b) That a man heard or saw something is a fact;
(c) That a man said certain words is a fact;
(d) That a man holds a certain opinion, has a certain intention,acts in good faith or fraudulently or uses a particular word in a particular sense, or is at a specified time conscious of a particular sensation is a fact;
(e) That a man has a certain reputation is a fact;
"fact in issue" means any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability asserted or denied in any suit or proceeding necessarily follows:
ILLUSTRATION
"A" is accused of khalwat with "B".
At his trial the following facts may be in issue, that "A" was with "B" in a close room, that "A" was with "B" in a car park in a quiet place;
"Hukum Syarak" means Islamic Law in any approved Mazhab;
"proved" a fact is said to be "proved" when, after considering the matters before it, the Court either believes it to exist or considers its existence so probable that a prudent man ought under the circumstances of the particular case to act upon the supposition that it exist;
"Syahadah" means testimony;
"not proved": a fact is said to be "not proved" when it is neither proved nor disproved in accordance with this Enactment;
"Qarinah" means a fact connected with the other in any of the ways referred to in Hukum Syarak or the provisions of this Enactment.