ENACTMENT NO. 08 OF 2002 SYARIAH COURT EVIDENCE (STATE OF MALACCA) ENACTMENT 2002
PART I - RELEVANCY CHAPTER 2 - QARINAH When Opinion of Third Persons is Qarinah
Section 35. When opinion as to handwriting is qarinah.
When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it was supposed to have been written or signed, that it was or was not written or signed by that person, is qarinah.
Explanation—A person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him.
The question is whether a given letter is from A to his wife.
The evidence is given by B who is the secretary of A and her duty is to examine and file A’s correspondence.
The opinion of B on the question whether the letter is in the handwriting of A is qarinah, though B never saw A write.