Section 89
of Syariah Courts Evidence Order, 2001
Section 89
(1)
Any rule of law whereby in civil proceedings –
(a)
published works dealing with matters of a public nature (for example, histories, scientific works, dictionaries and maps) are admissible as evidence of facts of a public nature stated in them;
(b)
public documents (for example, public registers, and returns made under public authority with respect to matters of public interest) are admissible as evidence of facts stated in them; or
(c)
records (for example, the records of certain courts, treaties, State grants, pardons and commissions) are admissible as evidence of facts stated in them, shall continue to have effect.
(2)
Any rule of law whereby in civil proceedings –
(a)
evidence of a person’s reputation is admissible for the purpose of proving his good or bad character; or
(b)
evidence or reputation or family tradition is admissible –
(i)
for the purpose of proving or disproving pedigree or the existence of a marriage; or
(ii)
for the purpose of proving or disproving the existence of any public or general right or of identifying any person or thing,
Incorporating amendments until S 16/2014
56
BLUV as at 1st May 2014
shall continue to have effect in so far as they authorise the Court to treat such evidence as proving or disproving that matter. Where any such rule applies, reputation or family tradition shall be treated for the purposes of this Chapter as a fact and not as a statement or multiplicity of statements about the matter in question.
(3)
The words in which a rule of law mentioned in this section is described are intended only to identify the rule and shall not be construed as altering it in any way.
PRODUCTION AND EFFECT OF EVIDENCE
BURDEN OF PROOF
Burden of proof.