ENACTMENT No. 8 Of 1990
EVIDENCE ENACTMENT OF THE SYARIAH COURT 1989

PART I - RELEVANCY
Chapter II - Qarinah



Section 15. Facts bearing on question whether act was accidental or intentional.

When there is a question whether an act was accidental or intentional or done with a particular knowledge or intention, the fact that the act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is qarinah.

ILLUSTRATION

"A" is employed to receive "zakat" as amil from the people. It is "A" 's duty to make entries in a book showing the amounts received by him. He makes an entry showing that on a particular occasion he received less than he really did receive.

The question is whether this false entry was accidental or intentional. The facts' that entries made by "A" in the same book are false entry is in each case in favour of "A" are qarinah.




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