ENACTMENT NO 3 OF 1994 EVIDENCE (SYARIAH COURT) ENACTMENT 1994
PART III - PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII - WITNESSES
Section 90. Number of witnesses.
(1) The offence of zina which is to be punished according to Hudud shall be proved by syahadah of not less than four male persons who witnessed the act.
(2) Claim by a person known to be rich that he had become penniless is not admissible unless it is supported by syahadah of three male witnesses.
Explanation - Admission of a rich man that he has become penniless in the matter of determination of zakat or for the purpose of relieving himself from the burden of repaying his debt or of paying maintenance to his wife or family is not admissible unless supported by syahadah of three male witnesses.
(3) In the matter of sighting the new moon syahadah of a male person who sighted it is admissible.
(4) Evidence of a male person is admissible in the following circumstances-
(a) evidence of a teacher in a case involving school children;
(b) evide'nce of an expert in valuing damaged goods;
(c) evidence relating to the acceptance or rejection of a witness;
(d) notice of the dismissal of a representative;
(e) concerning the defects of any goods for sale.
(5) Evidence of female person is admissible in matters which are usually seen or felt by or within the knowledge of a female person.
ILLUSTRATION
Evidence of a woman who breast-feeds a baby or of a mid-wife in matters relating to menstruation,
birth,breastfeeding and the defects of a woman is admissible.
(6) In matters other than those mentioned in the preceeding subsections, syahadah shall be given by
two male witnesses or one male and two female witnesses.