Section 76. Burden of proof as to particular fact (SYARIAH COURT EVIDENCE ENACTMENT 2005

ENACTMENT NO. 4 OF 2005
SYARIAH COURT EVIDENCE ENACTMENT 2005

PART III - PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER 1 - BURDEN OF PROOF

Section 76. Burden of proof as to particular fact

The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact, is on the person who wishes to give the evidence.

ILLUSTRATIONS

(a) A wishes to prove marad al-maut by

A must prove

marad al-maut

and

B’s

death.

(b) A wishes to prove by secondary evidence the contents of a lost document.

A must prove that the document has been lost.