Syariah Evidence Ordinance, 2001 (Cap. 47)

Ordinan Keterangan Syariah, 2001

Copy of the official text captured from State Attorney-General's Chambers Sarawak (LawNet Sarawak) (lawnet.sarawak.gov.my) on 27 October 2026. Always check the official portal for the authoritative current version.

Number	Cap. 47
Type	State enactment
Applies to	Sarawak
Year	2001
Published by	State Attorney-General's Chambers Sarawak (LawNet Sarawak)

Contents — Parts and sections

131 sections in 4 Parts, headings copied from the “ARRANGEMENT OF SECTIONS” of the official text (copy of 27 October 2026). Read the full wording in the PDF.

Definitions: section 3 (Interpretation).

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Part I RELEVANCY (42)

Chapter 1 PRELIMINARY
- s 1 Short title and commencement
- s 2 Application
- s 3 Interpretation
- s 4 Presumption
Chapter 2 QARINAH GENERAL
- s 5 Evidence may be given of facts in issue and qarinah
- s 6 Facts forming part of same transaction are qarinah
- s 7 Facts which are the occasion, cause or effect of facts in issue or relevant facts
- s 8 Motive, preparation and previous or subsequent conduct
- s 9 Facts necessary to explain or introduce fact in issue or relevant fact
- s 10 Things said or done by conspirator in reference to common design
- s 11 When facts become qarinah
- s 12 In suits for damages facts tending to enable Court to determine amount are qarinah
- 2 CAP. 47
- s 13 Facts which becomes qarinah when right or ‘urf is in question
- s 14 Facts showing existence of state of mind or of body or bodily feeling are qarinah
- s 15 Facts bearing on question whether act was accidental or intentional
- s 16 When existence of course of business is qarinah
- Iqrar
- s 17 Iqrar defined
- s 18 Admissibility of iqrar
- s 19 Iqrar made in a state of marad-al-maut
- Statements by Persons who cannot be called as Witnesses
- s 20 Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is qarinah
- s 21 Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated
- Statements made under Special Circumstances
- s 22 When entries in books of account are qarinah
- s 23 When entry in public record made in performance of duty is qarinah
- s 24 Statements in maps, charts and plans are qarinah
- s 25 Statement as to fact of public nature contained in certain legislation or notifications are qarinah
- s 26 Statements as to any law contained in law books are qarinah
- How much of a Statement to be proved
- s 27 What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers
- When Judgments of Courts are Qarinah
- s 28 Previous judgments relevant to bar a second suit or trial
- s 29 When certain judgments in probate, etc., are qarinah
- s 30 When judgments, orders or decrees are qarinah
- s 31 When judgments, etc., are not qarinah
- s 32 Fraud or collusion in obtaining judgment or incompetency of Court may be proved
- When Opinion of Third Persons is Qarinah
- s 33 Opinion of experts
- s 34 Facts bearing upon opinions of experts
- s 35 When opinion as to handwriting is qarinah
- s 36 When opinion as to existence of right or ‘urf is qarinah
- s 37 When opinion as to usages, tenets, etc. is qarinah
- s 38 When opinion as to relationship is qarinah
- s 39 When grounds of opinion are qarinah
- When Character is Qarinah
- s 40 In civil cases, character to prove conduct imputed is not qarinah
- s 41 In criminal proceedings, previous good character is qarinah
- s 42 Previous bad character not qarinah except in reply

Part II PROOF (29)

Chapter 1 FACTS WHICH NEED NOT BE PROVED
- s 43 Facts judicially noticeable need not be proved
- s 44 Facts of which Court must take judicial notice
- s 45 Facts admitted need not be proved
Chapter 2 ORAL EVIDENCE
- s 46 Proof of facts by oral evidence
- s 47 Oral evidence must be direct
- 4 CAP. 47
Chapter 3 DOCUMENTARY EVIDENCE
- s 48 Proof of contents of documents
- s 49 Primary evidence
- s 50 Secondary evidence
- s 51 Proof of documents by primary evidence
- s 52 Cases in which secondary evidence relating to documents may be given
- s 53 Rules as to notice to produce documents
- s 54 Proof of signature and handwriting of person alleged to have signed or written document produced
- s 55 Admission of writing, signature or seal
- s 56 Proof of document
- Public Documents
- s 57 Public documents
- s 58 Private documents
- s 59 Certified copies of public documents
- s 60 Proof of documents by production of certified copies
- s 61 Proof of certain official documents
- Presumption as to Documents
- s 62 Presumption as to genuineness of certified copies
- s 63 Presumption as to documents produced as record of evidence
- s 64 Presumption as to Gazettes, newspapers, etc.
- s 65 Presumption as to maps or plans made by authority of Government
- s 66 Presumption as to collection of laws and reports of decisions
- s 67 Presumption as to powers of attorney
- s 68 Presumption as to certified copies of foreign judicial records
- s 69 Presumption as to books, maps and charts
- s 70 Presumption as to telegraphic messages
- s 71 Presumption as to due execution, etc., of documents not produced

Part III PRODUCTION AND EFFECT OF EVIDENCE (58)

Chapter 1 BURDEN OF PROOF
- s 72 Burden to produce evidence in civil case
- s 73 Burden of proof
- s 74 On whom burden of proof lies
- s 75 Burden of proof as to particular fact
- s 76 Burden of proving fact necessary to be proved to make evidence admissible
- s 77 Burden of proving that case of accused comes within exceptions
- s 78 Burden of proving fact especially within knowledge
- s 79 Burden of proving death of person known to have been alive within thirty years
- s 80 Burden of proving that person is alive who has not been heard of for four years
- s 81 Burden of proof as to ownership
- s 82 Court may presume existence of certain facts
Chapter 2 WITNESSES
- s 83 Who may testify as witnesses
- s 84 Dumb witnesses
- s 85 Evidence of husband, wife, parent and child
- s 86 Number of witnesses
- s 87 Manner of giving evidence
- s 88 Evidence by a single witness and oath by plaintiff
- 6 CAP. 47
Chapter 3 EXAMINATION OF WITNESSES
- s 89 Order of production and examination of witnesses
- s 90 Court to decide as to admissibility of evidence
- s 91 Examination-in-chief, cross-examination and re-examination
- s 92 Order of examination and direction of re-examination
- s 93 Cross-examination of person called to produce a document
- s 94 Witnesses to character
- s 95 Leading questions
- s 96 When leading questions may not be asked
- s 97 When leading questions may be asked
- s 98 Evidence as to matters in writing
- s 99 Cross-examination as to previous statements in writing
- s 100 Questions lawful in cross-examination
- s 101 Court to decide when question shall be asked and when witness compelled to answer
- s 102 Question not to be asked without reasonable grounds
- s 103 Procedure of Court in case of question being asked without reasonable grounds
- s 104 Indecent and scandalous questions
- s 105 Questions intended to insult or annoy
- s 106 Exclusion of evidence to contradict answers to questions testing veracity
- s 107 Questions by party to his own witness
- s 108 Impeaching credit of witness
- s 109 Questions tending to corroborate evidence of relevant fact admissible
- s 110 Previous statements of witness may be proved to corroborate later testimony as to same fact
- s 111 What matters may be proved in connection with proved statement which is qarinah under section 20 or 21
- s 112 Refreshing memory
- s 113 Testimony to facts stated in document mentioned in section 112
- s 114 Right of adverse party as to writing used to refresh memory
- s 115 Production of documents and their translation
- s 116 Giving as evidence of documents called for and produced on notice
- s 117 Using as evidence of document production of which was refused on notice
- s 118 Judge’s power to put questions or order production
Chapter 4 SPECIAL PROVISIONS RELATING TO TESTIMONY OF WITNESSES
- s 119 Determining that a witness is ‘adil
- s 120 Witness to be examined through parties related to him
- s 121 Secret examination
- s 122 Number of secret examiners
- s 123 Open examination
- s 124 Testimony in open examination forms part of syahadah
- s 125 When witness need not be examined
- s 126 Denial (ta’n) over a witness
- s 127 When findings of witness examiners differ
- s 128 Dead or missing witness
- s 129 When witness required to take the oath

Part IV GENERAL (2)

s 130 Reference to Islamic Law
s 131 Repeal

Schedules: SCHEDULE

Version history

Captured	Language	Official “last updated”	Pages	SHA-256	File
27 October 2026	English	—	69	`cf2b68f75dd3`	PDF 1.0 MB

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