ENACTMENT NO 3 OF 1994 EVIDENCE (SYARIAH COURT) ENACTMENT 1994
PART I - RELEVANCY CHAPTER II - RELEVANCY OF FACTS Iqrar
Section 18. Conditions of iqrar.
(1) The maker of an iqrar shall be a person who is akil baligh.
(2) Except otherwise provided, the following iqrar shall not be accepted -
(a) iqrar of a minor;
(b) iqrar of a person who is insane or of unsound mind (ma'tuh); and
(c) iqrar of a wali or guardian for a person under his custody or responsibility.
(3) An iqrar by mumaiyiz minor who has been authorised by his wali or guardian to carry on a business and deal with people shall be regarded as an iqrar of an adult for the purpose of this section and an iqrar made by him shall be accepted as valid.
Explanation - Iqrar made by such minor who has been authorised to do business and deal with the people shall be treated like that of an adult in respect of matters relating to business and dealing such as debt, trust, 'ariyah, mudharabah, ghash and others, but shall not be accepted in matters relating to mahr (dowry), jinayat (liable to fine) and kifalah (security).
(4) The party to benefit from an iqrar need not be a person who is akil batigh.
Explanation - If a person makes an iqrar saying that a thing or property is for the benefit of a minor who is not mumaiyiz, his iqrar shall be accepted and the person who made the iqrar shall be bound by his iqrar.
(5) An iqrar shall be made voluntarily without coercion.
(6) A person who made an iqrar shall be a person who has not been restrained from managing his property (mahjur'alalih).
(7) An iqrar made under the influence of intoxicants shall not be accepted in cases liable to Hudud in accordance with Hukum Syara'.