ENACTMENT NO. 08 OF 2002 SYARIAH COURT EVIDENCE (STATE OF MALACCA) ENACTMENT 2002
PART I - RELEVANCY CHAPTER 2 - QARINAH General
Section 8. Motive, preparation and previous or subsequent conduct.
(1) Any fact is qarinah which shows or constitutes a motive or preparation for any fact in issue or relevant fact.
(2) The conduct of any party, or of any agent to any party, to any suit or proceeding in reference to that suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is qarinah if the conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.
Explanation 1—The word “conduct” in this section does not include statements unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Enactment.
Explanation 2—When the conduct of any person is qarinah any statement made to him or in his presence and hearing which affects his conduct is qarinah.
ILLUSTRATIONS
(a) The question is whether a certain document is the will of A.
The facts that not long before the date of the alleged will, A made inquiry into matters to which the provisions of the alleged will relate, that he consulted lawyers in reference to making the will, and that he caused drafts of other wills to be prepared of which he did not approve are qarinah.
(b) The question is whether A committed a crime. The fact that A absconded after receiving a letter warning him that an inquiry was being made for the criminal and the contents of the letter are qarinah.
(c) A is accused of a crime. The fact that after the commission of the alleged crime he absconded or attempted to conceal things which were or might have been used in committing it is qarinah.