ENACTMENT NO 1 OF 1990 SYARIAH COURTS EVIDENCE ENACTMENT 1990
PART III - PRODUCTION AND EFFECT OF EVIDENCE CHAPTER 8 - EXAMINATION OF WITNESSES
Section 91. Secret examination
(1) A secret examinatin shall be conducted with a Secret Letter in which a Hakim Syariah will write the name of the defendant or th accused and the subjectmatter of the claim or the charge, the names of the witnesses, identity, occupation, residential address, in order to clearly identify and explain the witness.
(2) The information will be enclosed in a sealed envelope and subsequently given to the person who is chosen to be the witness exammer. On receipt of the envelope and upon it bing read by the witness examiner, he shall write below the name of the witness the word "adil" if he finds him to be so, and the words "tidak adil" if he finds him to be so and sign and deliver the letter to the Hakim Syariah.
(3) When the Secret Letter is returned to the Hakim Syariah by the secret examiner and the word "adil"does not appear concerning the witness, but there appears to be expressed or implied words to the effect that the witness is "tidak adil" (jurh), the Hakim Syariah may request the plantiff or the prosecutor to produce another witness.
Explanation-If the secret examiner has written "saksi tidak adil" , or he cannot determine the condition of the witness or the condition is undeterminable or has written "Wallahu 'a'alam" or does not write anything, the Hakim Syariah cannot admit the evidence of that witness.