Original Enactment


NEGERI PERAK

ENACTMENT NO. 3 OF 1994
EVIDENCE (SYARIAH COURT) ENACTMENT 1994

Date of Royal Assent :29 October 1994
Date of publication in the Gazette :24 November 1994
Date of coming into operation :24 November 1994
ARRANGEMENT OF SECTIONS
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Preamble

PART I - RELEVANCY

CHAPTER 1 - PRELIMINARY

Section 1. Short title
Section 2. Application.
Section 3. Interpretation.
Section 4. Presumption.

CHAPTER II - RELEVANCY OF FACTS

Section 5. Evidence may be given of facts in issue and qarinah.
Section 6. Facts forming part of 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. Facts for determining damages are qarinah.
Section 13. Qarinah when right or custom ('urf) is in question.
Section 14. Facts showing existance of State of mind or of body or bodily feeling.
Section 15. Facts bearing on question whether act was accidental or intentional.
Section 16. Existance of course of business when qarinah.

Iqrar

Section 17. Definition of iqrar.
Section 18. Conditions of iqrar.
Section 19. Iqrar made under expectation of death (maradhal-maut).
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.

Statement made under Special Circumstaces

Section 22. Entries in books account when relevant.
Section 23. Relevancy of entry in public record performance of duty.
Section 24. Relevancy of statement in maps, charts and plans.
Section 25. Relevancy of statement as to fact of public nature contained in Act. Ordinance Enactment or notification.
Section 26. Relevancy of statements as to any law contained law books.

How much of a Statement to be proved

Section 27. What evidence to be given when statementforms 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 and matrimonial jurisdiction.
Section 30. Relevancy and effect of judgments orders or decrees other than those mentioned in section 29.
Section 31. Judgment etc., other than those mentioned in section 28, 29 and 30 when relevant.
Section 32. Fraud 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. Opinions as to handwriting when relevant.
Section 36. Opinion as to existence of right or custom ('urf) when relevant.
Section 37. Opinion as to usages, tenets, etc. when relevant.
Section 38. Opinion on relationship when qarinah.
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 proceedings good character is relevant.
Section 42. Bad character not relevant except in reply.

PART II - PROOF

CHAPTER III - 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 IV - ORAL EVIDENCE

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

CHAPTER V - 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 document.
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.
Section 62. Proof of public documents produced by computers.

Presumption as to Documents

Section 63. Presumption as to genuineness of certified copies.
Section 64. Presumption as to documents produced as record of evidence.
Section 65. Presumption as to Gazettes, newspapers, etc.
Section 66. Presumption as to maps or plans made by authority of Government.
Section 67. Presumption as to collection of laws and reports of decisions.
Section 68. Presumption as to powers of attorney.
Section 69. Presumption as to certified copies of foreign judicial records.
Section 70. Presumption as to books maps and charts.
Section 71. Presumption as to telegraphic messages.
Section 72. Presumption as to due execution etc., of documents not produced.

Documents Produced by a Computer

Section 73. Admissibility of documents produced by computers, and of statements contained therein.
Section 74. Weight to be attached to document, or statement admitted under section 73.
Section 75. Sections 73 and 74 to apply not withstanding other provisions of any written law.

PART III - PRODUCTION AND EFFECT OF EVIDENCE

CHAPTER VI - BURDEN OF PROOF

Section 76. Burden of adducing evidence.
Section 77. Burden of proof.
Section 78. On whom burden of proof lies.
Section 79. Burden of proof as to particular fact.
Section 80. Burden of proving fact to be proved to make evidence admissible.
Section 81. Burden of proving that case of accused comes within exceptions.
Section 82. Burden of proving fact especially within knowledge.
Section 83. Burden of proving death of person kwnon to have been alive within 30 years.
Section 84. Burden of proving that person is alive who has not been heard of for 4 years.
Section 85. Burden of proof as to ownership.
Section 86. Court may presume existence of certain fact.

CHAPTER VII - WITNESSES

Section 87. Who may tertify.
Section 88. Dumb witnesses.
Section 89. Evidence of husband, wife, paremts and children as witnesses.
Section 90. Number of witnesses.
Section 91. Evidence of a witness and oath.
Section 92. Manner of giving evidence.
Section 93. Order of production and examination of witnesses.
Section 94. Court to decide as to admissibility of evidence.
Section 95. Examination in-chief cross-examination and re-examination.
Section 96. Order of examinations and direction of re-examination.
Section 97. Cross examination of person who produces document.
Section 98. Witnesses to character.
Section 99. Leading questions.
Section 100. When leading questions may not be asked.
Section 101. When leading questions may be asked.
Section 102. Evidence as to matters in writing.
Section 103. Cross examination as to previous statements in writing.
Section 104. Questions allowed in cross-examination.
Section 105. Court to decide when question shall be asked and when witness compelled to answer.
Section 106. Question not to be asked without reasonable grounds.
Section 107. Procedure of Court in case of question being asked without reasonable grounds.
Section 108. Indecent and scandalous questions.
Section 109. Questions intended to insult or annoy.
Section 110. Exclusion of evidence to contradict answers to questions testing veracity.
Section 111. Question by party to his own witness.
Section 112. Impeaching credit of witness.
Section 113. Questions tending to corroborate evidence of relevant fact admissible.
Section 114. Former statements of witness may corroborate his testimony as to same fact.
Section 115. Matters which may be proved in connection with proved statement relevant under section 20 or 21.
Section 116. Refreshing memory.
Section 117. Testimony to facts stated in document mentioned in section 116.
Section 118. Right of adverse party as to writing used to refresh memory.
Section 119. Production of documents and their translation.
Section 120. Giving as evidence of document called for and produced on notice.
Section 121. Using as evidence of document the production of which was refused on notice.
Section 122. Judge's power to put question or order production.

CHAPTER IX - SPECIAL PROVISIONS RELATING TO TESTIMONY OF WITNESSES

Section 123. Determining that witness is adil.
Section 124. Open examination.
Section 125. Secret examination.
Section 126. When witness examiners differ in opinion.
Section 127. Accusing witness as not adil (ta'n)
Section 128. Missing witnesses.

CHAPTER X - GENERAL PROVISIONS

Section 129. Reference to Hukum Syara'
Section 130. Act 56 to cease to apply.

SCHEDULE
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