(Universiti Sains Islam Malaysia, 2006)
Al 'Uyuna Bt Mohd Amin
This library research provides an in-depth discussion of the position of witnesses in
Syariah and Civil courts, proceedings in Malaysia. The study sought to find the
problems and gaps pertaining to the position of witnesses in the Syariah and civil
courts in the Malaysian Legal System. The writer also researched the position of
witnesses based on The Law of Allah (Hukum Syarak) and the current Law of
Evidence. Observations, specialist informants, documents, lists of cases and
enactments which are related to the study were tools employed for data gathering
purposes. The findings indicate that there are many contradictions and gaps among
witnesses in both courts such as the conditions for being witnesses, the number of
witnesses and the examination of witnesses. The study found that there are many
changes and improvements that need to be taken which are preventing the
effectiveness of Malaysian system of justice. At the end of this research, the writer has
given recommendations, ideas and some suggestions and solutions in order to make
sure that the Malaysian Legal System is excellent based on the Law of Allah (Hukum
Syarak).