ENACTMENT NO. 12 OF 1994 SYARIAH COURT EVIDENCE ENACTMENT 1994
PART II - PROOF CHAPTER 3 - FACTS WHICH NEED NOT BE PROVED
Section 44. Facts of which Court must take judicial notice.
(1) The Court shall take judicial notice of the following facts or any part thereof-
(a) all laws or regulations having the force of law now or heretofore in force or hereinafter to be inforce in Malaysia or any part thereof;
(b) articles of war for the armed forces;
(c) the course of proceedings in Parliament, in the federal legislature and in the legislature of any state in Malaysia;
(d) the accession of the Yang di-Pertuan Agong, and the accession of the Ruler of any State in Malaysia and the appointment of a Yang di-Pertua Negeri;
(e) the seals of all the Courts of Malaysia, all seals which any person is authorized to use by any law in force for the time being in Malaysia or any part thereof, and of notaries public;
(f) the accession to office, names, titles, functions and signature of the persons filling for the time being any public office in any part of Malaysia, if the fact of their appointment to such office is notified in the Gazette or in any State Gazette;
(g) the ordinary course of nature, natural and artificial divisions of time, the geographical divisions of the word, the meaning of Malay, English and Arabic words, public festivals, facts and holidays notified in the Federal Gazette or in any State Gazette;
(h) the names of the members and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of all advocates and Peguam Syarie and other persons authorized by law to appear or act before it;
(i) the rule of the road on the land, sea regulations and the rules of the air;
(j) all other matters which it is directed by any written law to notice.
(2) In all these cases, and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference.
(3) If the Court is caled upon by any person to take judicial notice of any fact, it may refuse to do so unless and until the person produces any such book or document as it considers necessary to enable it do so.
(4) For the purpose of the provision of subsection (1) (d) Ruler includes Sultan, Raja and the Yang di-Pertuan Besar.