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

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