Malaysia legislation

Section 33

of Syariah Court Evidence Enactment 2004

Section 33

(1)

When the Court has to form an opinion upon a point of foreign law or of science or art, or as to identity or genuineness of handwriting or finger impressions or relating to determination of nasab, the opinions upon that point of persons specially skilled in that foreign law, science or art, or in questions as to identity or genuineness of handwriting or finger impressions or relating to determination of nasab, are qarinah.

(2)

Such persons are called experts.

(3)

Two or more experts shall be called to give evidence where possible but if two experts are not available, the evidence of one expert is sufficient. If two experts give different opinions a third expert shall be called to give evidence.

The question is whether a certain document was written by A. Another document is produced which a proved or admitted to have been written by

A.

The opinions of experts on the question whether the two documents were written by the same person or by different persons are qarinah.

20

Facts bearing upon opinions of experts