SYAHÄ€DAH DALAM UNDANG-UNDANG KETERANGAN MAHKAMAH SYARIAH DI MALAYSIA: SATU TINJAUAN LITERATUR

Abstract

SyahÄdah (testimony) is one of the strong methode of proof and
there is no dispute about it in terms of acceptance by Islamic
scholars as one of the most important evidence after iqrar
(confession). The word syahÄdah implies the evidence of a
witness which seems to be true about the rights or interests of
others using specific term ashhadu. However, the evidence of a
witness in Shariah Court in Malaysia can be accepted not only
as syahÄdah, but it can also be accepted as bayyinah or qarinah.
This paper will identify previous studies and related researches
touching upon syahÄdah as a method of proof under Islamic law
of evidence directly or indirectly. This study also tries to identify
any research with regard to syahÄdah as applied in Shariah
Courts in Malaysia in order to explore any relevant issues to
be investigated for further reviews or reforms. Initial findings
concluded that there is no dispute among researchers that
syahÄdah is the most important tool of evidence under Islamic
law of evidence as well as under civil law system. Only on how
the concept and principles in certain part of syahÄdah is to be
interpreted to current situations has become a major discussions among scholars and legislators particularly when it comes to
the issue of enacting the law regarding syahÄdah under Shariah
Court of evidence in Malaysia.