Malaysia legislation
Section 83
Section 83
(2)
A non-Muslim shall be competent to give bayyinah for a Muslim if his testimony is admissible according to Hukum Syarak.
Explanation—The bayyinah of an expert who is a non-Muslim against a
Muslim, if required, is admissible.
(3)
A person who is not ‘adil is competent to give bayyinah but not competent to give syahadah.
(4)
A person who is not baligh or a person who is of unsound mind is competent to give bayyinah but not competent to give syahadah.
Explanation—The bayyinah of a minor in the case of an injury caused by some minors upon others is admissible provided that there is no misunderstanding between them and they were present at the scene of the incident.
(5)
A person who has a weak memory or is forgetful or suffers from lapses of memory is competent to give bayyinah but not competent to give syahadah.
(6)
A person whose credibility is suspected because of his good relationship with and who has an interest in the adverse party is competent to give bayyinah but not competent to give syahadah.
(7)
A person whose credibility is suspected because of his bad relationship with the adverse party is competent to give bayyinah but not competent to give syahadah.
Dumb witnesses