Methods of proving according to law of evidence in Malaysian syariah and civil courts: a comparative study. Kanun: Jurnal Undang-undang Malaysia, 31 (1). pp. 1-34. ISSN 2682-8057 (2019)
Abstract
The focus of this study is to examine the similarities and differences between the Syariah Court Evidence (Federal Territories) Act 1997 (Act 561) and the Evidence Act 1950 (Act 56) which is applied in civil courts in the context of the methods of proving, and to study comparatively the implications as a result of adaptation and harmonization. The study adopts a qualitative approach by analyzing the provisions of relevant laws and is supplemented by interviews. The findings show that Act 561 provides for seven methods of proving, while five are adapted from Act 56. The findings also indicate that the use of qarinah (circumstantial evidence) in the Syariah Court Evidence Act differs from the methods of proving in syarak (Islamic law). Where evidence is concerned, the adaptation and Islamization of enactments has resulted in several issues that need to be addressed and fine-tuned in order to be comprehensive and complete references for application in the Syariah Courts, especially concerning methods of proving.
| Item Type: | Article |
|---|---|
| Keywords: | Proving, Methods of proving, Syariah Court Evidence Enactment, Evidence Act 1950 |
| Taxonomy: | By Subject > Law > Law of Evidence By Subject > Law > Malaysian Islamic Legal System |
| Local Content Hub: | Subjects > Law |
| Depositing User: | Eza Eliana Abdul Wahid |
| Date Deposited: | 28 May 2021 15:48 |
| Last Modified: | 28 May 2021 15:48 |
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