ENACTMENT NO. 16 OF 1992 SYARIAH COURTS EVIDENCE ENACTMENT 1992
PART III - PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII - WITNESSES
Section 83. Who may testify as witnesses (shahadah and al-bayyinah).
(1) Subject to Hukum Syarak and the provisions of this section, all Muslims shall be competent to give evidence as witnesses (al-bayyinah or syahadah) provided that they are of sound mind, baligh, adil, having good memory and do not bring up bare allegation.
(2) A non-Muslim is competent to give al-bayyinah for a Muslim if the evidence given is admissible according to Hukum Syarak.
Explanation-
(a) Evidence of a non-Muslim expert against a Muslim is admissible if necessary.
(b) A non-Muslim is competent to give evidence for another non-Muslim.
(3) A person who is not adil if his bad character outweighs his good character or he always tells lies or has injured moral character, is qualified to give al-bayyinah but is not qualified to give syahadah
.
(4) Syahadah given by a non-Muslim against a non-Muslim is admissible where the non-Muslim can be believed according to his religion.
(5) A minor who is not baligh or a person who is baligh but having impaired or unsound mind is qualified to give bayyinah but not qualified to give syahadah.
Explanation - Evidence of a minor in cases of injury caused by some minor upon others so long as they do not have misunderstanding between them and are still at the scene of incident is admissible.
(6) A person who is known to have a weak memory or to be forgetful or to have mistaken recollection is qualified to give bayyinah but not qualified to give syahadah.
(7) A person whose credibility is doubtful because of his good relation and having interest with a contending party is qualified to give bayyinah but not qualified to give syahadah.
(8) A person whose credibility is doubtful because of his bad relation with a contending party is qualified to give bayyinah but not qualified to give syahadah.
Explanation - Adil means Muslim who is known for performing prescribed religious duties and abstains from serious sins and does not indulge in minor sins:
Provided that if the witness is a non-Muslim he shall be believed according to his religion or belief.