Original Enactment
STATE OF KELANTAN
ENACTMENT NO. 9 OF 2002
SYARIAH COURT EVIDENCE ENACTMENT 2002
Date of Royal Assent :
24 November 2002
Date of publication in the Gazette :
19 December 2002
Date of coming into operation :
1 October 2003
ARRANGEMENT OF SECTIONS
_____________
Long Title and 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 act 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 Judgements of Courts are Qarinah
Section
28.
Previous judgements relevant to bar a second suit or trial.
Section
29.
When certain judgements in probate, etc., are qarinah.
Section
30.
When judgements, orders or decrees are qarinah.
Section
31.
When judgements, etc., are not qarinah.
Section
32.
Fraud or collusion in obtaining judgement 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 is 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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