Syariah Court Evidence (Federal Territories) Act 1997 (Act 561)

Syariah Court Evidence (Federal Territories) Act 1997 · Act 561
Akta Keterangan Mahkamah Syariah (Wilayah-Wilayah Persekutuan) 1997
Applies to: Federal Territories (all Syariah court proceedings); each state has its own enactment · Official text ↗

Key points

Replaces the civil Evidence Act 1950 in the Federal Territories Syariah courts (s 131); any provision inconsistent with Hukum Syarak is void (s 130).
Syahadah is testimony given with the word 'asyhadu' by a qualified witness; bayyinah is the wider category of evidence proving a right, including qarinah (s 3).
Full witnesses (syahadah) must be Muslim, sane, adult, 'adil, with good memory and no bias (s 83). Others may still give bayyinah.
The general rule is two male witnesses, or one man and two women, with listed exceptions (s 86).
Iqrar (admission) must be made in court, or outside court before two qualified male witnesses (s 17).
The burden lies on the person who asserts a fact; in civil cases a defendant who denies may be put on oath (ss 72–74, 87).

What this law covers

Act 561 governs evidence (keterangan) in all judicial proceedings in the Syariah courts of the Federal Territories (s 2), extended to Putrajaya in 2002. It replaces the civil Evidence Act 1950 in those courts (s 131) and keeps much of its structure, including relevancy, documents, experts and examination of witnesses, while adding concepts from Islamic law of evidence. If any provision or interpretation conflicts with Hukum Syarak (the Shafi'i school or another of the four Sunni schools), it is void to that extent, and gaps are filled by Hukum Syarak (s 130).

Each state has its own Syariah Court Evidence Enactment (Enakmen Keterangan Mahkamah Syariah), mostly modelled on this Act. The text summarised here is the reprint as at 1 January 2006. Procedure for civil and criminal cases is in Act 585 and Act 560.

Key concepts: syahadah, bayyinah, qarinah, iqrar

Term	Meaning under Act 561
Syahadah (testimony)	Evidence given in court using the word "asyhadu" (I bear witness) to establish a right or interest (s 3). Only a fully qualified witness can give it.
Bayyinah (evidence)	Any evidence that proves a right or interest, including qarinah (s 3). Wider than syahadah: people who cannot give syahadah can often still give bayyinah.
Qarinah (relevant / circumstantial fact)	A fact connected with the fact in issue in the ways the Act describes (s 3), for example part of the same transaction, motive or conduct, or a fact that makes the fact in issue highly probable or improbable (ss 5–16, 11). This is roughly the civil law's "relevant fact".
Iqrar (admission)	An admission, in writing, orally or by gesture, that one is under an obligation or liability to another (s 17). It must be made in court before a judge, or outside court before two male witnesses who are 'aqil, baligh and 'adil.

Iqrar is inadmissible if made by a person who is not of sound mind and adult, by a minor (except a mumaiyiz minor authorised to trade, for that trade), by a person of unsound mind, by a wali on behalf of someone in his care, by a person restrained from managing his property, or if it was not voluntary (s 18). An iqrar made on a death-bed (marad al-maut) is dealt with separately (s 19).

Other forms of proof include documents, where a computer-produced document is primary evidence (s 49), expert opinion, including on determining lineage (nasab), with two experts where possible and a third if they disagree (s 33), and oaths (ss 87–88, 129).

Who may be a witness, and how many

Competence (s 83): all Muslims are competent to give syahadah or bayyinah if they are 'aqil (sane), baligh (adult), 'adil (of upright character: carrying out religious obligations, avoiding major sins and not persisting in minor ones), have a good memory, and are not prejudiced. Those who fall short can usually still give bayyinah but not syahadah: a person who is not 'adil, a minor or a person of unsound mind, a forgetful person, or someone with a close relationship with, or hostility towards, a party. A non-Muslim may give bayyinah for a Muslim where Islamic law allows it, and a non-Muslim expert's evidence against a Muslim is admissible.

Spouses, parents and children (s 85): evidence against one's spouse, parent or child counts as syahadah and bayyinah; evidence for them counts only as bayyinah.

Number of witnesses (s 86):

General rule: two male witnesses, or one man and two women (s 86(5)).
One 'adil man is enough for sighting the new moon (s 86(2)), and one man for listed matters such as a teacher's evidence about schoolchildren, an expert's valuation of damaged goods, and defects in goods for sale (s 86(3)).
A woman's evidence is enough for facts usually within women's knowledge, such as breastfeeding, birth and menstruation (s 86(4)).
A known rich person claiming to have become poor (for example to avoid zakat) needs three male witnesses (s 86(1)).
In a civil case with only one witness, the evidence counts only together with the plaintiff's oath (s 88).

For a zina accusation, the offence of qazaf in Act 559 s 41 refers to the Islamic-law standard of four male witnesses or a confession.

Testing a witness: tazkiyah al-syuhud

If a judge has reason to believe a witness who gave syahadah is not 'adil, he must order the witness's character examined (s 119). This can be done through people related to or familiar with the witness (s 120), by secret examination, where examiners mark the witness 'adil or not 'adil (jurh) in a sealed letter (ss 121–122), or by open examination (s 123). If a majority of examiners find the witness not 'adil, the judge must not decide on that witness's evidence (s 127). Where examination is impossible, a party may ask that the witness take an oath to strengthen his evidence, and refusal means the evidence is not admitted (s 129).

Burden of proof and oaths

Whoever asserts must prove: a person who wants judgment on facts he asserts must prove them (s 73), and the burden lies on the person who would fail if no evidence were given (s 74). In civil cases the claimant (al-mudda'i) produces evidence and the person who denies (al-mudda'a 'alaih) takes the oath (s 72).
Oath in civil cases (s 87): if the defendant denies the claim he must take an oath under Islamic law. If he swears, the claim is dismissed. If he refuses, the court may ask the plaintiff to swear, and the claim is then accepted.
Criminal cases: the prosecution must prove the charge, and the accused gives evidence unless he pleads guilty (s 87(3)). An accused who relies on an exception must prove it (s 77).
Presumptions: a person shown alive within 30 years is presumed alive unless proved dead (s 79). A person not heard of for four years by those who would have heard shifts the burden onto whoever says he is alive (s 80). This matters for presumption-of-death and fasakh claims.
Admitted facts need not be proved, though the court may still require proof (s 45).

Sharia basis (for information)

Witnesses: Qur'an 2:282 directs that debts be written down and that two men, or a man and two women "from those you accept as witnesses", be called as witnesses. This is the basis of s 86(5). Qur'an 65:2 directs taking "two just witnesses from among you", reflected in the 'adil requirement.
Burden of proof: the Prophet (peace be upon him) said: "The proof is upon the claimant and the oath is upon the one against whom the claim is made" (Jami' al-Tirmidhi 1341, Chapters on Judgements). Sahih Muslim (Book of Judicial Decisions) reports that if people were given according to their claims alone, they would claim others' lives and property, "but the oath is upon the defendant".
Qazaf: Qur'an 24:4 requires four witnesses for an accusation of zina.

For information only; not a fatwa.

Laws cited on this page

Act 56	Evidence Act 1950 · Akta Keterangan 1950	Official text
Act 303	Islamic Family Law (Federal Territory) Act 1984 · Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984	Official text
Act 559	Syariah Criminal Offences (Federal Territories) Act 1997 · Akta Kesalahan Jenayah Syariah (Wilayah-Wilayah Persekutuan) 1997	Official text
Act 560	Syariah Criminal Procedure (Federal Territories) Act 1997 · Akta Prosedur Jenayah Syariah (Wilayah-Wilayah Persekutuan) 1997	Official text
Act 561	Syariah Court Evidence (Federal Territories) Act 1997 · Akta Keterangan Mahkamah Syariah (Wilayah-Wilayah Persekutuan) 1997	Official text
Act 585	Syariah Court Civil Procedure (Federal Territories) Act 1998 · Akta Tatacara Mal Mahkamah Syariah (Wilayah-Wilayah Persekutuan) 1998	Official text

Listed automatically from the federal Acts named on this page. All laws of Malaysia →

Key sections

Provision	What it says, in plain words
s 2	Applies to all judicial proceedings in Federal Territories Syariah courts.
s 3	Definitions: bayyinah, syahadah, qarinah, 'adil, Hukum Syarak.
s 11	When facts become qarinah (make the fact in issue highly probable or improbable).
s 17	Iqrar: admission in court, or outside court before two qualified male witnesses.
s 18	Inadmissible iqrar (minors, insane persons, involuntary, etc.).
s 33	Expert opinion, including on nasab; two experts where possible.
s 49	Primary evidence; computer-produced documents are primary evidence.
s 72–74	Burden of proof on the person asserting a fact.
s 79–80	Presumptions about whether a person is alive (30 years / 4 years).
s 83	Who may give syahadah (Muslim, sane, adult, 'adil, good memory, unbiased) and who only bayyinah.
s 85	Evidence of spouses, parents and children for or against each other.
s 86	Number of witnesses: general rule two men or one man and two women; exceptions.
s 87–88	Oath of the defendant and plaintiff in civil cases; single witness plus oath.
s 119–127	Examining whether a witness is 'adil (secret and open examination).
s 130–131	Hukum Syarak prevails; Evidence Act 1950 does not apply.

Worked examples

Example 1: Proving a debt with one witness

Facts. Hasnah lent RM10,000 to her brother-in-law. Only her friend Zura saw the cash handed over, and there is no written agreement.

The law. In a civil case, one witness is admissible only together with the plaintiff's oath (s 88). If the defendant denies on oath, the claim fails, unless the evidence and oaths go the other way (s 87).

Outcome. Hasnah can still bring the claim with Zura's evidence and her own oath, but she would be in a much stronger position with written proof such as bank transfers or messages (documents and qarinah).

Example 2: An admission in a WhatsApp chat

Facts. In a harta sepencarian case, Aida produces WhatsApp messages in which her husband admits she paid the house deposit.

The law. Computer-produced documents are primary evidence (s 49). The messages are qarinah of her contribution (ss 5, 11). They are not a formal iqrar under s 17, which needs to be made in court or before two qualified male witnesses.

Outcome. The messages help her case, but she should also bring bank records. If the husband admits it in court, that is an iqrar.

Example 3: Character of a witness challenged

Facts. In a custody case, the father's witness gives syahadah; the mother says the witness is known to drink alcohol.

The law. Syahadah needs an 'adil witness (s 83). The judge may order the witness examined secretly or openly (ss 119–123); if a majority of examiners find him not 'adil, the judge must not rely on that evidence (s 127). The witness may still give bayyinah (s 83(3)).

Outcome. The evidence may be downgraded or set aside; the mother should raise the objection in court.

Example 4: Husband missing for years

Facts. Rohani's husband went to work abroad and has not been heard of by family or friends for five years.

The law. Where a person has not been heard of for four years by those who would naturally have heard, the burden shifts to whoever says he is alive (s 80). Presumption of death is an application matter under Act 585 and Act 303 s 53.

Outcome. She may apply for a presumption-of-death order, or for fasakh because his whereabouts have been unknown for over a year (Act 303 s 52(1)(a)).

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

What is the difference between syahadah and bayyinah?

Syahadah is formal testimony given with the word 'asyhadu' by a witness who meets all the conditions in s 83. Bayyinah is any evidence proving a right, including qarinah. Many people who cannot give syahadah, such as a minor or someone biased, can still give bayyinah, which the court weighs (s 83).

Do I need two male witnesses for everything?

No. The default is two men or one man and two women (s 86(5)), but there are exceptions: one man for certain matters, a woman alone for matters usually within women's knowledge, and documents, experts, qarinah and oaths can also prove facts.

Can a non-Muslim be a witness in the Syariah court?

A non-Muslim cannot give syahadah, but may give bayyinah for a Muslim where Islamic law allows, and a non-Muslim expert's evidence is admissible even against a Muslim (s 83(2)).

Can my spouse give evidence for me?

Yes, but evidence for your spouse, parent or child counts only as bayyinah, while evidence against them counts as both syahadah and bayyinah (s 85).

Are screenshots and emails accepted?

Yes. A computer-produced document is primary evidence (s 49), and digital records can be qarinah. The court still weighs their authenticity, so keep originals and metadata.

Does the civil Evidence Act apply in the Syariah court?

Not in the Federal Territories: s 131 says the Evidence Act 1950 does not apply to the Syariah courts. Many rules are similar, but Act 561 and Hukum Syarak govern.

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This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Syariah Court Civil Procedure (Federal Territories) Act 1998 (Act 585)Syariah Criminal Procedure (Federal Territories) Act 1997 (Act 560)Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559)Evidence Act 1950 Syariah courts State Islamic laws: a guide to the 13 states and the Federal Territories