KATEGORI KETERANGAN PENDAPAT PAKAR DI MAHKAMAH SYARIAH: ISU DAN CADANGAN PELAKSANAAN UNDANG-UNDANG

Category of Expert Opinion Evidence in Shariah Court: Issues and Recommended Legal Implementation

Abstract

Expert opinion is very important nowadays as it helps the court make the right decision and can guide the judge on matters beyond his knowledge. In order for the expert’s opinion to be relevant and admissible in court, it must fall within the category of expert opinion stipulated by statute. In general, the expert opinion category in the Shariah Court is specifically mentioned in section 33 of the evidence law in the Shariah Court. This article specifically discusses the categories of expert opinion in the Shariah Court in relation to “foreign law, science or art, identity, genuineness of handwriting, finger impressions and determination of naṣab”. This article also addresses issues and further suggests some improvements that should be implemented, particularly amendments to the provisions of the statute. The findings indicate that the existing expert opinion categories need to be revised so that they include all relevant types of experts in the industry to appear in the Shariah Court for the purpose of submitting expert opinions.