Indonesia Private Law Review
Vol. 2 No. 2 (2021)

THE LAWS PROTECTING CHILD WITNESS IN GIVING EVIDENCE: Harmonization Between Malaysian Laws and As-Shariah.

Mohamad Ismail Bin Mohamad Yunus (International Islamic University Malaysia)
Nik Rahim Nik Wajis (Islamic Science University of Malaysia)
Mualimin Mochammad Sahid (Islamic Science University of Malaysia)
Nurliyana Shahira Baharli (Islamic Science University of Malaysia)



Article Info

Publish Date
31 Dec 2021

Abstract

Since issues of child abuse and other crimes against children have been brought to the public's attention through the media, this article considers to highlight one of the issues relating to the protection of child. The issue of the laws protecting child witnesses in giving evidence will come into the discussion. This paper considers the issue of corroboration of the child witness in the aspects of sworn and unsworn statements to determine whether the evidence given by children will be relevant and admissible in Courts. In tackling the issues, the research methodology applied by the authors is by analyzing and evaluating the decided cases and studying the substantive laws procedure in protecting child witnesses in giving testimony in Courts. The expectation findings of this paper are to harmonize between Malaysian and Islamic law relating to the protection of child witnesses in giving evidence in the court of law. After having observed the conflicts or the problems that had stem out of the current laws and procedures governing child witnesses as to the remedies, the final part of the article proposed some solutions and recommendations from the Islamic point of view.

Copyrights © 2021






Journal Info

Abbrev

iplr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

FOCUS The Indonesian Private Law Review discusses matters in the private law field, consisting of established or founded upon law actions. Subsequently, the Indonesian Private Law Review focuses on implementation to put a decision or plan into effect or execution. In the Indonesian Private Law ...