Evidence Through Kitābah: According to Fiqh and Current Malaysian Laws

Kitābah or the tendering of documents as evidence in court trial is very much discussed under the civil law and is widely practiced in the Civil Courts. However the concept and application of kitābah in the Syariah Courts have never been discussed in detail under syariah law eventhough kitābah is clearly stated in the Qur’an and Sunnah as a method of proof. This article attempts to look into the concept and scope kitābah in Islam and compare them with the laws of Malaysia. All materials, informations and data in this article are obtained from observations and interviews conducted on legal practitioners in Civil and Syariah Courts in Malaysia. Materials and informations are also obtained from books and articles from local and abroad. This article fi nds that convenience and circumstantial factors play important roles in shaping up the concept and application of kitābah