ENACTMENT NO 3 OF 1994 EVIDENCE (SYARIAH COURT) ENACTMENT 1994
PART III - PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII - WITNESSES
Section 87. Who may tertify.
(1) Subject to Hukum Syara' and the provisions of this section, all Muslim shall be competent to give syahadah or baiyinah provided they are of sound mind, baligh, adif, having good memory and do not raise bare allegations.
(2) A non-Muslim shall be competent to give baiyillah for a Muslim if the evidence given is admissible according to Hukum Syara'.
Explanation - (a) Baiyinah of a non-Muslim expert against a Muslim is admissible if necessary.
(b) A non-Muslim is competent to give baiyillah for another non-Muslim.
(3) A person who is not adil is competent to give baiyinah but not competent to give syahadah.
(4) A minor who is not baligh or a person who is baligh but having impaired or unsound mind is competent to give baiyinah but not competent to give syahadah.
(5) A person who is known to have a weak memory or who is forgetful or has a lapse of memory is competent to give baiyinah but not competent to give syahadah.
(6) A good person whose credibility is doubtful because of his good relationship with and his having interest in any contending party is competent to give baiyinah but not competent to give syahadah.
(7) A person whose credibility is doubtful because of his bad relationship with any contending party is competent to give baiyinah but not competent to give syahadah.
(8) A person is adil who is known to perform his religious obligations, who abstains from serious sins and does not indulge in minor sins. A witness is deemed to be adil until proved otherwise.
If a witness is a non-Muslim, he must be trustworthy according to his religion or belief.