Original Enactment


NEGERI MELAKA

ENACTMENT NO. 8 OF 2002
SYARIAH COURT EVIDENCE (STATE OF MALACCA) ENACTMENT 2002

Date of Royal Assent :21 November 2002
Date of publication in the Gazette :28 November 2002
Date of coming into operation :14 June 2003 [M.P.U. 15/03]
ARRANGEMENT OF SECTIONS
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Long Title & Preamble

PART I - RELEVANCY

CHAPTER 1 - PRELIMINARY

Section 1. Short title and commencement.
Section 2. Application.
Section 3. Interpretation.
Section 4. Presumption.

CHAPTER 2 - QARINAH

General

Section 5. Evidence may be given of facts in issue and qarinah.
Section 6. Facts forming part of same transaction are qarinah.
Section 7. Facts which are the occasion, cause or effect of facts in issue or relevant facts.
Section 8. Motive, preparation and previous or subsequent conduct.
Section 9. Facts necessary to explain or introduce fact in issue or relevant fact.
Section 10. Things said or done by conspirator in reference to common design.
Section 11. When facts become qarinah.
Section 12. In suits for damages, facts tending to enable Court to determine amount are qarinah.
Section 13. Fact which becomes qarinah when right or ‘urf is in question.
Section 14. Facts showing existence of state of mind or of body or bodily feeling are qarinah.
Section 15. Facts bearing on question whether acts was accidental or intentional.
Section 16. When existence of course of business is qarinah.

Iqrar

Section 17. Iqrar defined.
Section 18. Admissibility of iqrar.
Section 19. Iqrar made in a state of marad al-maut.

Statements by Persons who cannot be called as Witnesses

Section 20. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is qarinah.
Section 21. Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated.

Statements made under Special Circumstances

Section 22. When entries in books of account are qarinah.
Section 23. When entry in public record made in performance of duty is qarinah.
Section 24. Statements in maps, charts and plans are qarinah.
Section 25. Statement as to fact of public nature contained in certain legislation or notifications are qarinah.
Section 26. Statements as to any law contained in law books are qarinah.

How Much of a Statement to be proved

Section 27. What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers.

When Judgments of Courts are Qarinah

Section 28. Previous judgments relevant to bar a second suit or trial.
Section 29. When certain judgments in probate, etc., are qarinah.
Section 30. When judgments, orders or decrees are qarinah.
Section 31. When judgments, etc., are not qarinah.
Section 32. Fraud or collusion in obtaining judgment or incompetency of Court may be proved.

When Opinion of Third Persons is Qarinah

Section 33. Opinion of experts.
Section 34. Facts bearing upon opinions of experts.
Section 35. When opinion as to handwriting is qarinah.
Section 36. When opinion as to existence of right or ‘urf is qarinah.
Section 37. When opinion as to usages, tenets, etc., is qarinah.
Section 38. When opinion as to relationship is qarinah.
Section 39. When grounds of opinion are qarinah.

When Character is Qarinah

Section 40. In civil cases, character to prove conduct imputed is not qarinah.
Section 41. In criminal proceedings, previous good character is qarinah.
Section 42. Previous bad character not qarinah except in reply.

PART II - PROOF

CHAPTER 1 - FACTS WHICH NEED NOT BE PROVED

Section 43. Facts judicially noticeable need not be proved.
Section 44. Facts of which Court must take judicial notice.
Section 45. Facts admitted need not be proved.

CHAPTER 2 - ORAL EVIDENCE

Section 46. Proof of facts by oral evidence.
Section 47. Oral evidence must be direct.

CHAPTER 3 - DOCUMENTARY EVIDENCE

Section 48. Proof of contents of documents.
Section 49. Primary evidence.
Section 50. Secondary evidence.
Section 51. Proof of documents by primary evidence.
Section 52. Cases in which secondary evidence relating to documents may be given.
Section 53. Rules as to notice to produce.
Section 54. Proof of signature and handwriting of person alleged to have signed or written document produced.
Section 55. Admission of writing, signature or seal.
Section 56. Proof of document.

Public Documents

Section 57. Public documents.
Section 58. Private documents.
Section 59. Certified copies of public documents.
Section 60. Proof of documents by production of certified copies.
Section 61. Proof of certain official documents.

Presumption as to Documents

Section 62. Presumption as to genuineness of certified copies.
Section 63. Presumption as to documents produced as record of evidence.
Section 64. Presumption as to Gazettes, newspapers, etc.
Section 65. Presumption as to maps or plans made by authority of Government.
Section 66. Presumption as to collection of laws and reports of decisions.
Section 67. Presumption as to powers of attorney.
Section 68. Presumption as to certified copies of foreign judicial records.
Section 69. Presumption as to books, maps and charts.
Section 70. Presumption as to telegraphic messages.
Section 71. Presumption as to due execution, etc., of documents not produced.

PART III - PRODUCTION AND EFFECT OF EVIDENCE

CHAPTER 1 - BURDEN OF PROOF

Section 72. Burden to produce evidence in civil case.
Section 73. Burden of proof.
Section 74. On whom burden of proof lies.
Section 75. Burden of proof as to particular fact.
Section 76. Burden of proving fact necessary to be proved to make evidence admissible.
Section 77. Burden of proving that case of accused comes within exceptions.
Section 78. Burden of proving fact especially within knowledge.
Section 79. Burden of proving death of person known to have been alive within thirty years.
Section 80. Burden of proving that person is alive who has not been heard of for four years.
Section 81. Burden of proof as to membership.
Section 82. Court may presume existence of certain facts.

CHAPTER 2 - WITNESSES

Section 83. Who may testify as witnesses.
Section 84. Dumb witnesses.
Section 85. Evidence of husband, wife, parent and child.
Section 86. Number of witnesses.
Section 87. Manner of giving evidence.
Section 88. Evidence by a single witness and oath by plaintiff.

CHAPTER 3 - EXAMINATION OF WITNESSES

Section 89. Order of production and examination of witnesses.
Section 90. Court to decide as to admissibility of evidence.
Section 91. Examination-in-chief, cross-examination and re-examination.
Section 92. Order of examinations and direction of re-examination.
Section 93. Cross-examination of person called to produce a document.
Section 94. Witnesses to character.
Section 95. Leading questions.
Section 96. When leading questions may not be asked.
Section 97. When leading questions may be asked.
Section 98. Evidence as to matters in writing.
Section 99. Cross-examination as to previous statements in writing.
Section 100. Questions lawful in cross-examination.
Section 101. Court to decide when question shall be asked and when witness compelled to answer.
Section 102. Question not to be asked without reasonable grounds.
Section 103. Procedure of Court in case of question being asked without reasonable grounds.
Section 104. Indecent and scandalous questions.
Section 105. Questions intended to insult or annoy.
Section 106. Exclusion of evidence to contradict answers to questions testing veracity.
Section 107. Question by party to his own witness.
Section 108. Impeaching credit of witness.
Section 109. Questions tending to corroborate evidence of relevant fact admissible.
Section 110. Former statements of witness may be proved to corroborate later testimony as to same fact.
Section 111. What matters may be proved in connection with proved statement which is qarinahunder section 20 or 21.
Section 112. Refreshing memory.
Section 113. Testimony to facts stated in document mentioned in section 112.
Section 114. Right of adverse party as to writing used to refresh memory.
Section 115. Production of documents and their translation.
Section 116. Giving as evidence of document called for and produced on notice.
Section 117. Using as evidence of document production of which was refused on notice.
Section 118. Judge’s power to put questions or order production.

CHAPTER 4 - SPECIAL PROVISIONS RELATING TO TESTIMONY OF WITNESSES

Section 119. Determining that a witness is ‘adil.
Section 120. Witness to be examined through parties related to him.
Section 121. Secret examination.
Section 122. Number of secret examiners.
Section 123. Open examination.
Section 124. Testimony in open examination forms part of syahadah.
Section 125. When witness need not be examined.
Section 126. Denial (ta’n) over a witness.
Section 127. When findings of witness examiners differ.
Section 128. Dead or missing witness.
Section 129. When witness required to take the oath.

PART IV - GENERAL

Section 130. Hukum Syarak.
Section 131. Repeal.

SCHEDULE
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