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The process of gathering evidence in civil cases: its application in civil and shariah courts

Mohamed, Duryana and Abas, Afridah (2011) The process of gathering evidence in civil cases: its application in civil and shariah courts. Malayan Law Journal, 3. cxxii-clii. ISSN 0025-1283

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The process of gathering evidence is also known as a pre-trial process. Its objective is to gather relevant evidence before the trial. This process is very important since both parties must produce only relevant, reliable and authentic evidence in order to establish a reasonable claim or defence. Nevertheless, in the civil court, the procedures of gathering evidence seems to be more detailed and applicable to all types of civil cases whereas the Shariah Court the procedures for gathering evidence is quite limited and confined to limited cases only. This is evidence in the relevant procedural rules laid down in both civil court procedure and the Shariah Court civil procedure. This paper discusses the above process by referring to the Rules of the High Court 1980 and the Shariah Court Civil Procedure (Federal Territory) with the objective of providing relevant information on the process of gathering evidence in civil cases for both courts. The discussion will also examine the possibility of harmonising any relevant procedures in the civil procedure rules. It is also hoped that the discussion will provide useful guidelines in enhancing the above process.

Item Type: Article (Journal)
Additional Information: 1846/2922
Uncontrolled Keywords: Civil, Shariah courts, Rules of the High Court 1980
Subjects: K Law > K Law (General)
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
K Law > KPG Malaysia > KPGG0 Wilayah Persekutuan Kuala Lumpur
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User: Dr Duryana Mohamed
Date Deposited: 22 Sep 2011 08:44
Last Modified: 30 Sep 2011 08:30
URI: http://irep.iium.edu.my/id/eprint/2922

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