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

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, relia-ble and authentic evidence in order to establish a reasonable claim or defence. N...

Full description

Bibliographic Details
Main Authors:	Mohamed, Duryana, Abas, Afridah
Format:	Article
Language:	English
Published:	LexisNexis 2011
Subjects:	K Law (General) KBP Islamic Law KPG Malaysia
Online Access:	http://irep.iium.edu.my/37492/ http://irep.iium.edu.my/37492/1/Duryana_Sh_LR_2011.pdf

id	iium-37492
recordtype	eprints
spelling	iium-374922014-08-11T05:12:41Z http://irep.iium.edu.my/37492/ The process of gathering evidence in civil cases: its application in civil and shariah courts Mohamed, Duryana Abas, Afridah K Law (General) KBP Islamic Law KPG Malaysia 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, relia-ble 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 li-mited 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 re-levant 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. LexisNexis 2011-10 Article PeerReviewed application/pdf en http://irep.iium.edu.my/37492/1/Duryana_Sh_LR_2011.pdf Mohamed, Duryana and Abas, Afridah (2011) The process of gathering evidence in civil cases: its application in civil and shariah courts. Shariah Law Reports, 4. lxxi-c. ISSN 1985-4250
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP Islamic Law KPG Malaysia
spellingShingle	K Law (General) KBP Islamic Law KPG Malaysia Mohamed, Duryana Abas, Afridah The process of gathering evidence in civil cases: its application in civil and shariah courts
description	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, relia-ble 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 li-mited 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 re-levant 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.
format	Article
author	Mohamed, Duryana Abas, Afridah
author_facet	Mohamed, Duryana Abas, Afridah
author_sort	Mohamed, Duryana
title	The process of gathering evidence in civil cases: its application in civil and shariah courts
title_short	The process of gathering evidence in civil cases: its application in civil and shariah courts
title_full	The process of gathering evidence in civil cases: its application in civil and shariah courts
title_fullStr	The process of gathering evidence in civil cases: its application in civil and shariah courts
title_full_unstemmed	The process of gathering evidence in civil cases: its application in civil and shariah courts
title_sort	process of gathering evidence in civil cases: its application in civil and shariah courts
publisher	LexisNexis
publishDate	2011
url	http://irep.iium.edu.my/37492/ http://irep.iium.edu.my/37492/1/Duryana_Sh_LR_2011.pdf
first_indexed	2023-09-18T20:53:47Z
last_indexed	2023-09-18T20:53:47Z
_version_	1777410168932270080

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

Similar Items