The opinion of an expert witness is an important aspect in the law of evidence. As opposed to general witnesses testifying in court on perceived facts, expert witnesses testify based on their area of expertise. Such expert opinions on specific area of expertise assists the court in understanding special or scientific issues beyond the knowledge of common people. This article adopts the doctrine of pure legal research as its framework. Adopting a qualitative approach, methodologies of content analysis and critical analysis are used in analyzing archived materials. This article discusses on the relevancy and admissibility of evidence provided by medical expert witnesses in Malaysia. Special attention is given to Malaysian syariah illicit intercourse cases. The opinions of the four mazhabs on this area of law are highlighted. This writing further dissects the current Shari'ah legislations in Malaysia and compares them with the Malaysian civil legislations. During analysis, the authors find that there are definitely gaps in the current Malaysian Shari'ah evidence enactments. These gaps must be ironed out if we are to witness a better implementation of shari'ah evidential principles regarding expert witnesses during syariah court trials in future.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.