ENACTMENT NO 1 OF 1990
SYARIAH COURTS EVIDENCE ENACTMENT 1990

PART II - PROOF
CHAPTER 5 - DOCUMENTARY EVIDENCE



Section 56. Proof of document

(1) If a person denies as ro the writing, execution or liability which exist in any document, the writing and the execution of such document shall be proved at least by two witnesses to the document.

(2) If a witness to the document cannot be found, the writing and the execution pf the document shall be proved by two witnesses who are familiar with the writing and signature of the person who wrote and executed such document.

(3) If a witness to the document or the person mentioned in subsection (2) witnesseth the writing and the signature, the person who executed the document is bound by any liability created therein.

(4) If a witness to the document or the person mentioned in subsection (2) did not fully witnesseth the writing and the signature, the writing and the signature shall be authenticated by as far as possible two experts.

(5) If the writing and the signature is authenticated by an expert, the executor oflthat document is bound by the liability created therein.

(6) If the document cannot be proved in any manner mentioned herein, the person who denies the writing and the execution thereof shall, whenever required by the plaintiff, take the oath and if he refuses the plaintiff may take the oath and thereafter, his claim is established.




Copyright © PNMB-LawNet. All rights reserved.