Section 18. Admissibility of iqrar. (SYARIAH COURT EVIDENCE (STATE OF SELANGOR) ENACTMENT 2003

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

PART I - RELEVANCY
CHAPTER 2 - QARINAH
Iqrar

Section 18. Admissibility of iqrar.

(1) The following iqrar is inadmissible:

(a) iqrar

of a person who is not

‘aqil baligh;

(b)

subject to subsection (2),

iqrar

of a minor;

(c)

iqrar of a lunatic or a mentally retarded person (ma‘tuh);

(d)

iqrar of wali or guardian made on behalf of a person under his custody and responsibility;

(e)

iqrar which is not made voluntarily; or

(f)

iqrar of a person who is restrained under any written law to administer his property (Mahjur ‘alaih).

(2) An iqrar made by a mumayyiz minor who has been authorized by his wali or guardian to carry on any business or dealing shall be admissible in so far as it relates to such business or dealing.

(3) The party who benefits from an iqrar need not necessarily be a person who is ‘aqil baligh.

Explanation- If a person making an iqrar states that the goods or property is for the benefit of a minor who is not mumayyiz, his iqrar is admissible and the person making the iqrar shall be bound by his statement.