Original Enactment


KEDAH

ENACTMENT No. 8 Of 1990
EVIDENCE ENACTMENT OF THE SYARIAH COURT 1989

Date of Royal Assent :5 July 1990
Date of publication in the Gazette :26 July 1990
Date of coming into operation :1 July 1990 [K.P.U. 11/90]
ARRANGEMENT OF SECTIONS
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Preamble.

PART I - RELEVANCY

Chapter I - Preliminary

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

Chapter II - Qarinah

Section 5. Evidence may be given of facts in issue and qarinah.
Section 6. Relevancy of facts forming part of the same transaction.
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 become qarinah.
Section 12. In suits for damage facts tending to enable Court to determine amount are relevant.
Section 13. Qarinah 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 qarinah.

ADMISSION (IQRAR)

Section 17. Definition of admission (iqrar).
Section 18. Conditions of admission (iqrar).
Section 19. Admission (iqrar) at death, illness.

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. 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 statements as to fact of public nature contained in an Act, Ordinance or notification.
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. Judgements, etc., other than those mentioned in sections 28 to 30 when relevant.
Section 32. Fraud or collusion in obtaining judgment, or incompetency of Court may be proved.

OPINIONS OF THIRD PERSONS WHEN RELEVANT

Section 33. Opinion of experts.
Section 34. Facts bearing upon opinions of experts.
Section 35. Opinion as to hand-writing 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 III - Facts which need not be proved

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

Chapter IV - Oral Evidence

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

Chapter V - Documentry Evidence

Section 48. Proof 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 hand-writing of person alleged to have signed or written document produced.
Section 55. Admission (iqrar) 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 document 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. 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 collections 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 VI - Burden Of Proof

Section 72. Burden to produce 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 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 30 years.
Section 80. Burden of proving that person is alive who has not been heard of for 4 years.
Section 81. Burden of proof as to ownership.
Section 82. Court may presume existence of certain fact.

Chapter VII - Witnesses

Section 83. Who may testify as witnesses (shahadah and Al-Bayyinah).
Section 84. Dumb witnesses.
Section 85. Evidence of husband, wife, parents and children as witnesses.
Section 86. Number of witnesses.
Section 87. Way of give evidence.
Section 88. Evidence of a witnes and Oath.

Chapter VIII - Examination of Witnesses

Section 89. When witnesses need to be examined.
Section 90. Types of examination.
Section 91. Secret examination.
Section 92. Number of witness.
Section 93. Open examination.
Section 94. Open examination is part of evidence (syahadah).
Section 95. When witnesses need not be examined.
Section 96. Denial over witnesses.
Section 97. When witness examiner of different opinion.
Section 98. Missing witnesses.
Section 99. When witnesses may be asked to take oath.

Chapter IX - General

Section 100. Hukum Syarak to be applied when there is lacuna.
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