Proof of facts by oral evidence
s 46
All facts, except the contents of documents, may be proved by oral evidence.
Syariah Court Evidence (Federal Territories) Act 1997 Chapter 2 — Oral evidence
Oral evidence must be direct
s 47
(1) Oral evidence shall in all cases whatever be direct, that is to say— (a) if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it; (b) if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it; (c) if it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner; (d) if it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds. (2) The opinions of experts expressed in any treatise commonly offered for sale and the grounds on which such opinions are held may be proved by the production of the treatise. (3) If oral evidence refers to the existence or condition of any material thing including a document, the Court may, if it thinks fit, require the production of that material thing or the document for its inspection.
Back to Syariah Court Evidence (Federal Territories) Act 1997 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
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