ENACTMENT NO. 12 OF 1994 SYARIAH COURT EVIDENCE ENACTMENT 1994
PART I - RELEVANCY CHAPTER 2 - QARINAH
Section 11. When facts become qarinah.
Facts become qarinah-
(a) if they are inconsistent with any fact in issue or relevant fact;
(b) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.
ILLUSTRATIONS
(a) The question is whether A committed a crime at Kuala Lumpur in a certain day.
The fact that on that day A was at Ipoh is qarinah.
The fact taht near the time when the crime was commited, A was or a distance from the place where it was committed, which would render it highly improbable, though not impossible that he committed it is qarinah.
(b) The question is whether A committed a crime.
The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one else and that it was not committed by either B, C or D is qarinah.