Section 47. Oral evidence must be direct (SYARIAH COURTS EVIDENCE ENACTMENT 1990

ENACTMENT NO 1 OF 1990
SYARIAH COURTS EVIDENCE ENACTMENT 1990

PART II - PROOF
CHAPTER 4 - ORAL EVIDENCE

Section 47. Oral evidence must be direct

(1) Oral evidence shall in all cases whatever be direct-

(a) if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it;

(b) if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it;

(c) if it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner;

(d)

if it refers to an opinion or to the grounds on which that opinior is held, it must be the evidence of the person who holds that opinion on those grounds.

(2) The opinions of experts expressed in any treatise commonly offered for sale and the grounds on which suchopinions are held may be proved by the production of the treatise.

(3) If oral evidence refers to the existence or condition of any material thing, other than a document, the Court may, if it thinks fit require the production of that material thing for its inspection.