Section 83. Who may testify as witness. (EVIDENCE ENACTMENT OF THE SYARIAH COURT 1991

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

PART III - PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER 7 - WITNESSES

Section 83. Who may testify as witness.

(1) Subject to Hukum Syarak and the provision of this section, all Muslims shall be competent to give shahadah or bayyinah provided that he shall be of sound mind, baligh, adil, having good memory and does not created bare allegations.

(2) A non-Muslim shall be competent to give bayyinah for a Muslim if the evidence given is admissible according to Hukum Syarak.

Explanation

(a) Bayyinah of a non-Muslim expert against a Muslim is admissible if necessary.

(b) A non-Muslim is competent to give bayyinah for another non-Muslim.

(3) A person who is not adil in which his bad character exceeds his good character or always speak lies or having damaging morality is competent to give bayyinah but not competent to give shahadah.

(4) When a person who is non-Muslim, he shall be believed according to his religion.

(5) A minor who is not baligh or a person who is baligh but having disturbed or unsound mind is competent to give bayyinah but not competent to give shahadah.

Explanation - Evidence of minor in cases of injury cause by some minor upon others so long as there are no misunderstanding between them and is at the place of incident is admissable.

(6) A person who is known to have a weak memory or is forgetful or having lapse memory is competent to give bayyinah but not competent to give shahadah.

(7) A person whose credibility is doubtful because of his good relation and having interest with the contending parties is competent to give bayyinah but not competent to give shahadah for the party.

(8) A person whose credibility is doubtful because of his bad relation with the contending parties is competent to give bayyinah but not competent to give shahadah against the party.

Explanation - "Adil" means a Muslim who is known for performing prescribed religious duties, avoids from major sins and abstains minor sins, provided that if a witness is non-Muslim, he shall be believed according to his religion or belief.