Konsep dan Pemakaian Dokumen Persendirian dalam Kes-Kes Hibah di Mahkamah Syariah di Malaysia

Private documents are a significant means of proving claims in legal disputes, particularly in inter vivos gift (hibah) cases, where constancy, acceptance, and relevance influence their admissibility to present circumstances. However, the researcher found that sharia judges still do not have a neat formulation regarding documents from a conceptual point of view, the use of documents with inaccurate and non-uniform concepts. The primary objective of this study is to explore the applicability of private documents in hibah cases based on Islamic jurisprudence and to provide a comprehensive explanation of the doctrine of admissibility of private documents. In addition, this study also analyses private documents in hibah cases that have been recorded and issues guidelines on the admissibility of private document evidence in the trial proceedings of hibah cases in sharia courts. This study holds great importance for Syariah law practitioners as it clarifies the requirements for admitting private documents as evidence in hibah cases, addressing ambiguities and discrepancies related to their admissibility in Syariah courts. A qualitative approach, involving the gathering and analysis of data from various scholarly sources such as books, articles, and legal cases, is employed for data research in this study. The data is examined from Syariah's perspective and legislation in Malaysia. The study concludes that private documents can be considered valid evidence in hibah cases if they adhere to the principles outlined in the law of evidence. An important finding of this research is the enhancement of the process of writing judgments in hibah cases involving private documents, both in terms of conceptual understanding and practical application. In addition to the findings, the study also presents several recommendations for further consideration, specifically the development of standard guidelines for admitting private documents as evidence, the formulation of a standard framework for Islamic law of trust, and the enactment of a standard law of evidence in Syariah courts nationwide.