IDEAS home Printed from https://ideas.repec.org/p/pra/mprapa/60173.html
   My bibliography  Save this paper

Should a child be allowed to give evidence? The position of child evidence under civil and Islamic laws in Malaysia

Author

Listed:
  • Mohd Shukri, Muhammad Hafiz
  • Hassan, Mohd Khairul Hisyam

Abstract

Currently, more children fall victim to crime and go to court to give evidence. The key issues include the acceptability of children as witnesses, the weight to be given to their evidence and whether or not there should be special procedures to ease the stress of giving evidence in court. The main objective of this article is to discuss the position of child evidence under civil and Islamic laws in Malaysia. This article will focus on the provisions of laws relating to evidence given by a child witness and the procedures applicable in Malaysia. This study will ascertain whether or not the current laws are adequate to protect the rights of child as witness in trial based on analysis and evaluation to every aspect which is relevant to this topic. The issue of whether or not a child should be allowed to give evidence in court will also be clarified.

Suggested Citation

  • Mohd Shukri, Muhammad Hafiz & Hassan, Mohd Khairul Hisyam, 2014. "Should a child be allowed to give evidence? The position of child evidence under civil and Islamic laws in Malaysia," MPRA Paper 60173, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:60173
    as

    Download full text from publisher

    File URL: https://mpra.ub.uni-muenchen.de/60173/1/MPRA_paper_60173.pdf
    File Function: original version
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    child evidence; child witness; corroboration; unsworn evidence; Islamic laws;
    All these keywords.

    JEL classification:

    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pra:mprapa:60173. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Joachim Winter). General contact details of provider: https://edirc.repec.org/data/vfmunde.html .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.