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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, reliable and authentic evidence in order to establish a reasonable claim or defence. N...

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Main Authors: Mohamed, Duryana, Abas, Afridah
Format: Article
Language:English
Published: LexisNexis 2011
Subjects:
K Law (General)
KBP1 Islamic law.Shariah.Fiqh
KPGG0 Wilayah Persekutuan Kuala Lumpur
Online Access:http://irep.iium.edu.my/2922/1/pdf_copy_of_MLJ_2011.pdf
http://irep.iium.edu.my/2922/
http://www.cljlaw.com/
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spelling my.iium.irep.29222011-09-30T00:30:14Z http://irep.iium.edu.my/2922/ The process of gathering evidence in civil cases: its application in civil and shariah courts Mohamed, Duryana Abas, Afridah K Law (General) KBP1 Islamic law.Shariah.Fiqh KPGG0 Wilayah Persekutuan Kuala Lumpur 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. LexisNexis 2011-06 Article REM application/pdf en http://irep.iium.edu.my/2922/1/pdf_copy_of_MLJ_2011.pdf 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 http://www.cljlaw.com/
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K Law (General)
KBP1 Islamic law.Shariah.Fiqh
KPGG0 Wilayah Persekutuan Kuala Lumpur
spellingShingle K Law (General)
KBP1 Islamic law.Shariah.Fiqh
KPGG0 Wilayah Persekutuan Kuala Lumpur
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, 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.
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/2922/1/pdf_copy_of_MLJ_2011.pdf
http://irep.iium.edu.my/2922/
http://www.cljlaw.com/
_version_ 1643605049137430528
score 13.211869

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