ENACTMENT NO. 08 OF 2002 SYARIAH COURT EVIDENCE (STATE OF MALACCA) ENACTMENT 2002
PART I - RELEVANCY CHAPTER 2 - QARINAH General
Section 9. Facts necessary to explain or introduce fact in issue or relevant fact.
Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened or which show the relation of parties by whom any such fact was transacted, are qarinah so far as they are necessary for that purpose.
ILLUSTRATIONS
(a) The question is whether a given document is the will of A.
The state of A’s property and of his family at the date of the alleged will is qarinah.
(b) A is accused of a crime.
The fact that soon after the commission of the crime A absconded from his house is qarinah under section 8 as conduct subsequent to and affected by facts in issue.
The fact that at the time when he left home he had sudden and urgent business at the place to which he went is qarinah as tending to explain the fact that he left home suddenly.