ENACTMENT NO 1 OF 1990 SYARIAH COURTS EVIDENCE ENACTMENT 1990
PART I - RELEVANCY CHAPTER 2 - RELEVANCY OF FACTS Iqrar
Section 18. Iqrar qualified
(1) An iqrar shall be made by a person who is akil baliqh
(2) Unless otherwise provided, the following iqrarare inadmissible-
(a) iqrarof a child;
(b) iqrarof a lunatic or a mentally retarded person (ma'tuh);
(c) iqrar of a guardian (wali)or testator (wasi)made on behalf of their wards or dependant.
(3) An iqrar of a child who has reached the age of discernment (mumaiyiz) who has been permitted by his wali or guardian to carry on business and deal with the public shall be presumed to be an iqrarof an adult and shall be valid for the purpose of this section.
Explanation - An iqrar of such child who have been permitted to carry on business and deal with the public shall be presumed to be an iqrar of an adult in matters concerning the business and dealings such as debts, trusts, 'ariyah, mudharabah, ghash and others, but the same shall not be admissible in matters such as mahr, jinayat (offence liable to a fine) and kifalah(security).
(4) A party who benefits from such an iqrarneed not necessarily be a person who is akil baligh
.Explanation - If a person making an iqrarstates that the goods or property is for the benefit of a child who has not reached the age of discernment (mumaiyiz), the iqrar is admissible and the person making the iqrar is bound by his statement.
(5) An iqrarmust be made voluntarily without any compulsion.
(6) The person making an iqrar must be a person who is not prevented from managing his own property (mahjur 'alaih).
(7) An iqrar made while in the state of intoxication is inadmissible in cases where the death penalty may be imposed.