The laws protecting child witness in giving evidence: harmonization between Malaysian laws and As-Sharia

• Main Authors: Mohamad Yunus, Mohamad Ismail, Nik Wajis, Nik Rahim, Mochammad Sahid, Mualimin, Baharli, Nurliyana Shahira
• Format: Article
• Language: English
• Published: Universitas of Lambung, Indonesia 2021
• Subjects: K5000 Criminal Law; K559 Comparative Law
• Online Access: http://irep.iium.edu.my/96362/6/96362_The%20laws%20protecting%20child%20witness%20in%20giving%20evidence.pdf; http://irep.iium.edu.my/96362/; https://jurnal.fh.unila.ac.id/index.php/iplr/article/view/2401/1788; https://doi.org/10.25041/iplr.v2i2.2401
• Institution: Universiti Islam Antarabangsa Malaysia

The objective of this research paper is to highlight the issues relating to the protection of child witnesses in Malaysia. In considering the issues, the research methodology applied by the authors in analyzing and evaluating the decided cases, studying the substantive laws the procedure in protecting child witnesses in giving evidence in the Courts. Apart from that, the authors have also focused into the issue of corroboration for the child witnesses in the aspects of sworn and unsworn statements and to answer whether the evidence given by children will be relevant and admissible in Court. On top of that, after having observed the conflicts or the problems that may arise out of the current law governing the procedure for child witnesses, the authors have provided some solutions and recommendations from the Islamic point of view. The expectation of this paper is to harmonise between Malaysian and Islamic law relating to the protection of child witness in giving evidence in the court of law and to align the law and procedure if it thinks deem fit. Keywords: Child Witness; Child Act 2001; Evidence of Child Witness Act 2007; Evidence Act 1950; Sexual Offences Against Children 2017; Islamic Law of Evidence.