ENACTMENT NO. 5 OF 2003
SYARIAH COURT EVIDENCE (STATE OF SELANGOR) ENACTMENT 2003

PART II - PROOF
CHAPTER 3 - DOCUMENTARY EVIDENCE



Section 56. Proof of document.

(1) Where the executant of a document denies the writing or the liability created therein, the writing and the execution of such document shall be proved at least by two witnesses to the document.

(2) Where witnesses to the document cannot be found, the writing and the execution of the document shall be proved by two persons who can identify the writing and signature of the writer and executant of the document.

(3) Where witnesses to the document or the persons referred to in subsection (2) can identify the writing and signature, the executant of the document shall be bound by any liability created therein.

(4) Where witnesses to the document or the person referred to in subsection (2) do not completely identity the writing and signature on the document, the writing and signature on the document shall be authenticated by at least two experts.

(5) Where the writing and signature on the document has been authenticated by the experts, the executant of the document shall be bound by any liability created therein.

(6) Where a document cannot be proved in any of the aforesaid manner, the person who denies the writing and execution of the document shall, on the request of the person who alleged that the aforesaid person is the executant of the document, take the oath, and if he refuses to do so, the person who alleges may take the oath and thereafter establish his claim.




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