ENACTMENT NO. 2 OF 1991
EVIDENCE ENACTMENT OF THE SYARIAH COURT 1991

PART I - RELEVANCY
CHAPTER 2 - QARINAH
Admission



Section 18. Conditions of admission.

(1) An admission shall be made by a person who is akil baligh.

(2) Except otherwise provided the following admission shall not be accepted-

(3) An admission by a mumayyiz minor who has been authorised by his wali or guardian to carryon a business and deal with the people shall be regarded as an adult for the purpose of this section and an admission made by him shall be accepted as valid.

Explanation - Admission made by such minor who has been authorised to do business and deal with the people shall be treated like that of an adult in respect of matters relating to business and dealing such as debt, trust, loan, mudharabah, ghash and others, but shall not be accepted in matter relating to mahr (dowry), jinayat (liable to fine) and kifalah (security).

(4) Party to benefit from admission may be a person who is not akil baligh.

Explanation - If a person made an admission saying that "that things or property is for the benefit of a minor who is not mumayyiz" his admission shall be accepted and the person who made the admission shall be bound with the admission.

(5) An admission shall be made voluntarily without coersion .

(6) A person who made an admission shall be a person who is not ordered to administer his property (Mahjur' alaih).

(7) An admission made under the influence of intoxicants shall not be accepted in cases liable to hudud in accordance with Hukum Syarak.




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