ENACTMENT NO. 12 OF 1994 SYARIAH COURT EVIDENCE ENACTMENT 1994
PART I - RELEVANCY CHAPTER 2 - QARINAH Opinion of Third Persons When Relevant
Section 35. Opinions as to hand-writing when relevant.
When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to have been written or signed, that it was or was not written or signed by that person, is a relevant fact.
Explanation - A person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him.
ILLUSTRATION
The question is whether a given letter is from A to his wife.
The evidence given by B is the secretary of A and her duty is to examine and file A's correspondence. The opinion of B on the question whether the letter is in the handwritting of A is relevant, though B never saw A write.