Original Enactment


PAHANG

ENACTMENT NO. 1 OF 1990
SYARIAH COURTS EVIDENCE ENACTMENT 1990

Date of Royal Assent :19 April 1990
Date of publication in the Gazette :21 June 1990
Date of coming into operation :1 November 1991 [Phg GN 1127/1991]
ARRANGEMENT OF SECTIONS
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Preamble

PART I - RELEVANCY

CHAPTER 1 - PRELIMINARY

Section 1. Short title and commencement
Section 2. Extent
Section 3. Interpretation
Section 4. Presumption.

CHAPTER 2 - RELEVANCY OF FACTS

Section 5. Evidence may be given of facts in issue and relevant facts
Section 6. Relevancy of facts forming part of same transactions
Section 7. Facts which are the occasion, cause or effect of facts in issue
Section 8. Motive, preparation and previous or subsequent conduct
Section 9. Facts necessary to explain or introduce relevant facts
Section 10 . Things said or done by conspirator in reference to common design
Section 11. When facts not otherwise relevant become relevant
Section 12. In suits for damages facts tending to enable Court to determine amount are relevant
Section 13. Facts relevant when right or custom is in question
Section 14. Facts showing existence of state of mind or of body or bodily feeling
Section 15. Facts bearing on question whether act was accidental or intentional
Section 16. Existence of course of business when relevant

Iqrar

Section 17. Iqrardefined
Section 18. Iqrarqualified
Section 19. Iqrarmade under the circumstance 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, ect., is relevant
Section 21. Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated

Statements made under special circumstances

Section 22. Entries in books of account when relevant
Section 23. Relevancy of entry in public record made in performance of duty
Section 24. Relevancy of statements in maps, charts and plans
Section 25. Relevancy of statement as to fact of public nature contained in certain Acts, Ordinances or notifications
Section 26. Relevancy of statements as to any law contained in law books

How much of a statement 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

Judgments of Courts when relevant

Section 28. Previous judgments relevant to bar a second suit or trial
Section 29. Relevancy of certain judgments in probate, etc., jurisdiction
Section 30. Relevancy and effect of judgments, orders or decrees other than those mentioned in section 29
Section 31. Judgments, etc., other than those mentioned in sections 28 to 30 when relevant
Section 32. Fraud or collusion in obtaining judgment or competency of Court may be proved

Opinions of third person when relevant

Section 33. Opinions of experts
Section 34. Facts bearing upon opinions of experts
Section 35. Opinion as to hand­writing when relevant
Section 36. Opinion as to existence of right or custom when relevant
Section 37. Opinion as to usages tenets, etc., when relevant
Section 38. Opinion on relationship when relevant
Section 39. Grounds of opinion when relevant

Character when relevant

Section 40. In civil cases character to prove conduct imputed irrelevant
Section 41. In criminal cases previous good character relevant
Section 42. Previous bad character not relevant except in reply

PART II - PROOF

CHAPTER 3 - FACTS WHICH NEED NOT BE PROVED

Section 43. Facts judicially notice able need not be proved
Section 44. Facts of which Court must take judicial notice
Section 45. Fact admitted need not be proved

CHAPTER 4 - ORAL EVIDENCE

Section 46. Proof of facts by oral evidence
Section 47. Oral evidence must be direct

CHAPTER 5 - 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 as to 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 document
Section 60. Proof of documents by production of certified copies
Section 61. Proof of certain official documents

Presumptions as to documents

Section 62. Presumption as to genuineness of certified copies
Section 63. Presumptions as to documents produced as record of evidence
Section 64. Presumption as to Gazette,newspapers. etc
Section 65. Presumptions as to maps or plans made by authority of Governments
Section 66. Presumption as to collections of laws and reports of decision
Section 67. Presumption as to powers of attorney
Section 68. Presumption as to certified copies of foreign judicial records
Section 69. Presumption as to books and charts
Section 70. Presumption as to telegraphic messages
Section 71. Presumption as to due executions. etc. of documents not produced

PART III - PRODUCTION AND EFFECT OF EVIDENCE

CHAPTER 6 - BURDEN OF PROOF

Section 72. Burden to give evidence
Section 73. Burden of proof
Section 74. On whom burden of proof lies
Section 75. Burden of proof as to particular fact
Section 76. Burden of proving fact necessary to be proved to make evidence admissible
Section 77. Burden of proving that case of accused comes within exceptions
Section 78. Burden of proving fact especially within knowledge
Section 79. Burden of proving death of person known to have been alive within thirty years
Section 80. Burden of proving that person is alive who has not been heard of for seven years
Section 81. Burden of proof as to ownership
Section 82. Court may presume the existence of certain fact

CHAPTER 7 - WITNESSES

Section 83. Who may testify as witnesses
Section 84. Dumb witnesses
Section 85. Evidence of husband, wife, parents and child
Section 86. Number of witnesses
Section 87. Manner of giving evidence
Section 88. Evidence of a witness and oath

CHAPTER 8 - EXAMINATION OF WITNESSES

Section 89. When witness need to be examined
Section 90. Types of examination
Section 91. Secret examination
Section 92. Number of witness examiners
Section 93. Open examination
Section 94. Open examination forms part of shahadah
Section 95. When witness need not be examined
Section 96. Denial (ta'n)over a witness
Section 97. Findings of examiners differ
Section 98. Dead or missing witness
Section 99. When witness required to take the oath

CHAPTER 9 - GENERAL PROVISION

Section 100. Final reference
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