PEMBUKTIAN DALAM KES HARTA SEPENCARIAN DI MAHKAMAH SYARIAH DI MALAYSIA

Abstract

This article tries to analyze the applicability of evidence in the
issue of joint acquired property in Shariah Court in Malaysia. The
research focuses on three elements, namely, the burden of proof,
degree of proof and methods of proving. The study is based on the
cases reported solely in Jurnal Hukum. The party who claims his or
her contribution in obtaining the dispute property has to prove the
claim. The main issues that have to be proved are; the existence of
the said property, direct/indirect contribution and the amount of
contribution. Their direct or indirect contribution, have to be
proved through oral evidence, documentary evidence, bayyinah or
shahadah and they have to attain at least the degree of ?an or
balance of probalities in convincing the Court.