ENACTMENT NO 3 OF 1994
EVIDENCE (SYARIAH COURT) ENACTMENT 1994

PART III - PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER IX - SPECIAL PROVISIONS RELATING TO TESTIMONY OF WITNESSES



Section 125. Secret examination.

(1) Secret examination shall be conducted by secret letter in which the Judge writes down the name of the witness concerned, his identification, occupation and place of residence, so as to clearly introduce and describe about the witness.

(2) The information shall be put in a sealed envelope and given to person chosen to be the witness examiner. As soon as the information is received and read by the witness examiner, he shall write below the witness's name the word "adil" if he finds the witness adil and "not adil" if he finds the witness not adil and signs and returns the letter to the Judge.

(3) When the secret letter is returned to the Judge and there is not found the word "adil" concerning the witness from the witness examiner but there appear words meaning of not adil (jurh) express or implied, the Judge may require the party which produced the witness to produce other witness.

Explanation - If the witness examiner writes that the witness is not adi!, or he does not know the condition of the witness or his condition is unknown or he writes "Wallahyu 'A' alam" or he did not write any word, the Judge shall not admit the evidence of the witness.

(4) The number of secret witness examiners shall be more than one as a precaution, although one examiner is enough.




Copyright © PNMB-LawNet. All rights reserved.