Original Enactment


NEGERI PERAK

ENACTMENT NO. 8 OF 2004
SYARIAH COURT EVIDENCE (PERAK) ENACTMENT 2004

Date of Royal Assent :15 September 2004
Date of publication in the Gazette :22 September 2004
Date of coming into operation :1 June 2005 [Pk P.U. 19/05]
ARRANGEMENT OF SECTIONS
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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. Statements 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 Statements 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 judgements 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
Section 62. Proof of public documents produced by computers

Presumption as to Documents

Section 63. Presumption as to genuineness of certified copies
Section 64. Presumption as to documents produced as record of evidence
Section 65. Presumption as to Gazettes, newspapers, etc
Section 66. Presumption as to maps or plans made by authority of Government
Section 67. Presumption as to collection of law and reports of decisions
Section 68. Presumption as to powers of attorney
Section 69. Presumption as to certified copies of foreign judicial records
Section 70. Presumption as to books, maps and charts
Section 71. Presumption as to telegraphic messages
Section 72. Presumption as to due execution, etc. of documents not produced
Section 73. Admissibility of documents produced by computers and of statements contained therein
Section 74. Weight to be attached to documents or statement contained in document admitted by virtue of section 73
Section 75. Section 73 and 74 to apply notwithstanding other provisions of any written law

PART III - PRODUCTION AND EFFECT OF EVIDENCE

CHAPTER 1 - BURDEN OF PROOF

Section 76. Burden to produce evidence in civil case
Section 77. Burden of proof
Section 78. On whom burden of proof lies
Section 79. Burden of proof as to particular fact
Section 80. Burden of proving fact necessary to be proved to make evidence admissible
Section 81. Burden of proving that case of accused comes within exceptions
Section 82. Burden of proving fact especially within knowledge
Section 83. Burden of proving death of person known to have been alive within thirty years
Section 84. Burden of proving that person is alive who has not been heard of for four years
Section 85. Burden of proof as to ownership
Section 86. Court may presume existence of certain facts

CHAPTER 2 - WITNESSES

Section 87. Who may testify as witnesses
Section 88. Dumb witnesses
Section 89. Evidence of husband, wife, parent and child
Section 90. Number of witnesses
Section 91. Manner of giving evidence
Section 92. Evidence by a single witness and oath by plaintiff

CHAPTER 3 - EXAMINATION OF WITNESSES

Section 93. Order of production and examination of witnesses
Section 94. Court to decide as to admissibility of evidence
Section 95. Examination-in-chief, cross-examination and re-examination
Section 96. Order of examination and direction of re-examination
Section 97. Cross-examination of person called to produce a document
Section 98. Witnesses to character
Section 99. Leading questions
Section 100. When leading questions may not be asked
Section 101. When leading questions may be asked
Section 102. Evidence as to matters in writing
Section 103. Cross-examination as to previous statements in writing
Section 104. Questions lawful in cross-examination.
Section 105. Court to decide when question shall be asked and when witness compelled to answer
Section 106. Question not to be asked without reasonable grounds
Section 107. Procedure of Court in case of question being asked without reasonable grounds
Section 108. Indecent and scandalous questions
Section 109. Question intended to insult or annoy
Section 110. Exclusion of evidence to contradict answers to questions testing veracity
Section 111. Question by party to his own witness
Section 112. Impeaching credit of witness
Section 113. Question tending to corroborate evidence of relevant fact admissible
Section 114. Former statements of witness may be proved to corroborate later testimony as to same fact
Section 115. What matters may be proved in connection with proved statement which is qarinah under section 20 or 21
Section 116. Refreshing memory
Section 117. Testimony to facts stated in document mentioned in section 116
Section 118. Right of adverse party as to writing used to refresh memory
Section 119. Production of documents and their translation
Section 120. Giving as evidence of document called for and produced on notice
Section 121. Using as evidence of document production of which was refused on notice
Section 122. Judge's power to put questions or order production

CHAPTER 4 - SPECIAL PROVISIONS RELATING TO TESTIMONY OF WITNESSES

Section 123. Determining that a witness is 'adil
Section 124. Witness to be examined through parties related to him
Section 125. Secret examination
Section 126. Number of secret examiners
Section 127. Open examination
Section 128. Testimony in open examination forms part of syahadah
Section 129. When witness need not be examined
Section 130. Denial (ta'n) over a witness
Section 131. When findings of witness examiners differ
Section 132. Dead or missing witness
Section 133. When witness required to take the oath

PART IV - GENERAL

Section 134. Hukum Syarak
Section 135. Repeal

SCHEDULE
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