ENACTMENT NO. 12 OF 1994 SYARIAH COURT EVIDENCE ENACTMENT 1994
PART III - PRODUCTION AND EFFECT OF EVIDENCE CHAPTER 9 - TO ENSURE THE EVIDENCE OF THE WITNESSES ARE TRUE
Section 121. Secret examination.
(1) A secret examination shall be conducted with a Secret Letter in which a Judge will write the name of the defendant or the accused and the subject-matter of the claim or the charge, the names of the witnesses, identify, occupation, place of residence, so as to clearly identify and explain about the witness.
(2) The information will be endorsed in a sealed envelope and subsequently given to person chosen to be the witness examiner, on receipt of the envelope and upon it being and read by the witness examiner, he shall write below the name of the witness the word "adil" if he finds him to be so, and the words the witness is adil and "tidak adil" if he finds him to be so and sign and deliver the letter to the Judge.
(3) When the Secret Letter is returned to the Judge by the secret examiner and the word "adil" does not appear concerning the witness, but there appears to be expressed or implied words to the effect that the witness is "tidak adil" (jurh) the Judge may request the plaintif or prosecutor to produce another witness.
Explanation - If the witness examiner has written "saksi tidak adil", or he cannot determine the condition of the witness or the condition is underterminable or has written "Wallahu 'a' alam or he does not write anything, the Judge cannot admit the evidence of that witness.