ENACTMENT NO 1 OF 1990 SYARIAH COURTS EVIDENCE ENACTMENT 1990
PART III - PRODUCTION AND EFFECT OF EVIDENCE CHAPTER 7 - WITNESSES
Section 83. Who may testify as witnesses
(1) Subject to Hukum Syara' and the provision of this section all Muslims shall be competent to give shahadahand baiyyinahas witnesses provided that they are of sound mind, baliqh, just, has a good memory and is not prejudiced.
(2) A non-Muslim is a competent witness to give baiyyinah over a Muslim if his testimony is admissible under Hukum Syara'.
ILLUSTRATIONS
(a) The baiyyinah of an expert who is a nonMuslim against a Muslim, if required, is admissible.
(b) A non-Muslim is competent to give baiyyinahagainst another non-Muslim.
(3) A person who does not have an adilattribute and whose bad qualities outweighs his good qualities or is a habitual liar or is immoral is competent to give baiyyinahbut not competent td give shahadah.
(4) Whenever such a persoh is a non-Muslim he must be a person who can be believed in accordance with his religion.
(5) A child who is not balighor a person who is balighbut who is of unsound mind is competent to give baiyynahbut not competent to gIve shahadah.
Explanation - Evidence of a child in the case of injury caused by some children upon others is admissible provided there is no misunderstanding between them and is expressed at the scene of the incident.
(6) A person who is knownJto have a weak memory or is forgetful or have memory lapses is competent to give baiyyinah but not competent to give shahadah.
(7) A person who is beingl doubted because of his good relationship and who have an interest with the contending party is competent to give baiyyinahbut not competent to give shahadah.
(8) A person who is being doubted because of his bad relationship with the contending party is competent to give baiyyinah but not corripetent to give shahadah.
Explanation - "Adil" meads a Muslim who is known to be carrying out his religipus obligations and who abstains from committing capital sins and who is not perpetually committing minor sins:
Provided that if the witness is a non-Muslim he must be a person who can be believed in accordance with his religion or belief.