ENACTMENT NO. 2 OF 1991 EVIDENCE ENACTMENT OF THE SYARIAH COURT 1991
PART I - RELEVANCY CHAPTER 1 - PRELIMINARY
Section 3. Interpretation.
(1) In this Enactment, unless the context otherwise requires:
"baligh" means a person who has attained the age of puberty according to Hukum Syarak;
"bayyinah" means evidence which proved a right or interest include qarinah;
"Court" means Court established by Administration of the Syariah Court Enactment 1982 [Enact. 3/82];
"disproved" a fact is said to be 'disproved' when, after considering the matters before it, the Court either believes that it does not exist or considers its nonexistence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist;
"document" means any matter expressed or described upon any substance by means of letters, figure or marks or by more than one of those means intented to be used or which may be used for the purpose of recording that matter;
ILLUSTRATIONS
A writing is a document.
Words printed, lithographed or photographed are documents.
A map or plan is a documents.
An inscription on a metal plate or stone is a document;
"evidence" includes;
(a) bayyinah and shahadah;
(b) all statements which the court permits or require to be made bdore it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence;
(c) all documents produced for the inspection of the court, such documents are .called documentary evidence;
"fact" means and includes;
(a) any thing, state of things or relation of thing capable of being perceived by the senses; or
(b) any mental condition of which any person is conscious;
ILLUSTRATIONS
(a) That there are certain objects arranged in a certain order in a certain place is a fact;
(b) That a man heard or saw something is a fact;
(c) That a man said certain words is a fact;
(d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulenty or uses a particular word in a particular sense, or is at a specified time conscious of a particular sensation is a fact;
(e) That a man has a certain reputation is a fact;
"fact in issue" means any fact from which, either by itself or in connection with other facts, the existence or non-existence, nature or extent of any right, liability asserted or denied in any suit or proceeding necessarily follows;
ILLUSTRATIONS
A is accused of khalwat with B.
At his trial the following facts may be in issue.
That A was with B in a close room.
That A was with B in a car park in a dark place;
"Hukum Syarak" means Islamic law in any approved Mazhab;
"proved" a fact is said to be "proved" when after considering the matters before it, the Court either believes it to exist or considered its existence so probable that a prudent man ought under the circumstances of the particular case, to act upon the supposition that it exist;
"qarinah" means a fact connected with the other in any of the ways referred to in Hukum Syarak or the provisions of this Enactment.
"shahadah" means evidence with the quality of truth given in a Court using the expression 'asshadu' in order to establish a right or interest of a person against another and if it is so established it bind the Judge.
(2) To avoid doubts with regard to identities of the words or expressions used in this Enactment which are listed in the Schedule, reference may be made to the Arabic Script concerning the said words and expressions shown against them in the said Schedule.