Original Enactment


SELANGOR

ENACTMENT NO. 5 OF 2003
SYARIAH COURT EVIDENCE (STATE OF SELANGOR) ENACTMENT 2003

Date of Royal Assent :8 July 2003
Date of publication in the Gazette :24 July 2003
Date of coming into operation :1 September 2003 [Sel. P.U. 28/2003]
ARRANGEMENT OF SECTIONS
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Long Title & Preamble

PART I - RELEVANCY

CHAPTER 1 - PRELIMINARY

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

CHAPTER 2 - QARINAH

General

Section 5. Evidence may be given of facts in issue and qarinah
Section 6. Facts forming part of same transaction are qarinah
Section 7. Facts which are the occasion, cause or effect of facts in issue or relevant facts
Section 8. Motive, preparation and previous or subsequent conduct
Section 9. Facts necessary to explain or introduce fact in issue or relevant fact
Section 10. Things said or done by conspirator in reference to common design
Section 11. When facts become qarinah
Section 12. In suits for damages, facts tending to enable Court to determine amount are qarinah
Section 13. Fact which becomes qarinah when right or ‘urf is in question
Section 14. Facts showing existence of state of mind or of body or bodily feeling are qarinah
Section 15. Facts bearing on question whether acts was accidental or intentional
Section 16. When existence of course of business is qarinah

Iqrar

Section 17. Iqrar defined
Section 18. Admissibility of iqrar
Section 19. Iqrar made in a state 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, etc., is qarinah
Section 21. Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated

Statements made under Special Circumstances

Section 22. When entries in books of account are qarinah
Section 23. When entry in public record made in performance of duty is qarinah
Section 24. Statements in maps, charts and plans are qarinah
Section 25. Statement as to fact of public nature contained in certain legislation or notifications are qarinah
Section 26. Statements as to any law contained in law books are qarinah

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

When Judgments of Courts are Qarinah

Section 28. Previous judgments relevant to bar a second suit or trial
Section 29. When certain judgments in probate, etc., are qarinah
Section 30. When judgments, orders or decrees are qarinah
Section 31. When judgments, etc., are not qarinah
Section 32. Fraud or collusion in obtaining judgment or incompetency of Court may be proved

When Opinion of Third Persons is Qarinah

Section 33. Opinion of experts
Section 34. Facts bearing upon opinions of experts
Section 35. When opinion as to handwriting is qarinah
Section 36. When opinion as to existence of right or ‘urf i s qarinah
Section 37. When opinion as to usages, tenets, etc., is qarinah
Section 38. When opinion as to relationship is qarinah
Section 39. When grounds of opinion are qarinah

When Character is Qarinah

Section 40. In civil cases, character to prove conduct imputed is not qarinah
Section 41. In criminal proceedings, previous good character is qarinah
Section 42. Previous bad character not qarinah except in reply

PART II - PROOF

CHAPTER 1 - FACTS WHICH NEED NOT BE PROVED

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

CHAPTER 2 - ORAL EVIDENCE

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

CHAPTER 3 - 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 of 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 documents
Section 60. Proof of documents by production of certified copies
Section 61. Proof of certain official documents

Presumption as to Documents

Section 62. Presumption as to genuineness of certified copies
Section 63. Presumption as to documents produced as record of evidence
Section 64. Presumption as to Gazettes, newspapers, etc.
Section 65. Presumption as to maps or plans made by authority of Government
Section 66. Presumption as to collection of laws and reports of decisions
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, maps and charts
Section 70. Presumption as to telegraphic messages
Section 71. Presumption as to due execution, etc., of documents not produced

PART III - PRODUCTION AND EFFECT OF EVIDENCE

CHAPTER 1- BURDEN OF PROOF

Section 72. Burden to produce evidence in civil case
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 four years
Section 81. Burden of proof as to ownership
Section 82. Court may presume existence of certain facts

CHAPTER 2 - WITNESSES

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

CHAPTER 3 - EXAMINATION OF WITNESSES

Section 89. Order of production and examination of witnesses
Section 90. Court to decide as to admissibility of evidence
Section 91. Examination-in-chief, cross-examination and re-examination
Section 92. Order of examinations and direction of re-examination
Section 93. Cross-examination of person called to produce a document
Section 94. Witnesses to character
Section 95. Leading questions
Section 96. When leading questions may not be asked
Section 97. When leading questions may be asked
Section 98. Evidence as to matters in writing
Section 99. Cross-examination as to previous statements in writing
Section 100. Questions lawful in cross-examination
Section 101. Court to decide when question shall be asked and when witness compelled to answer
Section 102. Question not to be asked without reasonable grounds
Section 103. Procedure of Court in case of question being asked without reasonable grounds
Section 104. Indecent and scandalous questions
Section 105. Questions intended to insult or annoy
Section 106. Exclusion of evidence to contradict answers to questions testing veracity
Section 107. Question by party to his own witness
Section 108. Impeaching credit of witness
Section 109. Questions tending to corroborate evidence of relevant fact admissible
Section 110. Former statements of witness may be proved to corroborate later testimony as to same fact
Section 111. What matters may be proved in connection with proved statement which is qarinah under section 20 or 21
Section 112. Refreshing memory
Section 113. Testimony to facts stated in document mentioned in section 112
Section 114. Right of adverse party as to writing used to refresh memory
Section 115. Production of documents and their translation
Section 116. Giving as evidence of document called for and produced on notice
Section 117. Using as evidence of document production of which was refused on notice
Section 118. Judge’s power to put questions or order production

CHAPTER 4 - SPECIAL PROVISIONS RELATING TO TESTIMONY OF WITNESSES

Section 119. Determining that a witness is ‘adil
Section 120. Witness to be examined through parties related to him
Section 121. Secret examination
Section 122. Number of secret examiners
Section 123. Open examination
Section 124. Testimony in open examination forms part of syahadah
Section 125. When witness need not be examined
Section 126. Denial (ta’n) over a witness
Section 127. When findings of witness examiners differ
Section 128. Dead or missing witness
Section 129. When witness required to take the oath

PART IV - GENERAL

Section 130. Hukum Syarak
Section 131. Repeal

SCHEDULE
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