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The main issue is whether the basic principles of evidence as outlined in Islam and the existing Syariah Court Evidence (Federal Territories) Act 1997 are sufficient to be used in prosecuting Shariah offences in Malaysia. Admittedly Islam, as well as the SCEA 1997, do provide general guidelines on criminal prosecution. However, there are still provisions that need to be improved. The question also arises as to how far forensic evidence can be used in proving these offences. The role of experts will also be studied and also using technology as a part of evidences. This paper will focus on the question of evidential requirements in prosecuting Shariah offences in the Syariah court in Malaysia. Undoubtedly, in realizing this intention, it should not only be burdened on the shoulders of the prosecuting officers alone but the role to be played by lawyers, academics and judges will certainly have great impact in solving and improving these shortcomings.

PROSECUTING SHARIAH OFFENCES IN MALAYSIA: EVIDENTIARY ISSUES