ENACTMENT NO. 16 OF 1992 SYARIAH COURTS EVIDENCE ENACTMENT 1992
PART I - RELEVANCY CHAPTER II - QARINAH
Section 14. Facts showing existence of state of mind or of body or bodily feeling.
Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or good-will towards any particular person, or bodily feeling, are relevant when the existence of any such state of mind or body or bodily feeling is in issue or relevant.
Explanation 1 - A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists not generally but in reference to the particular matter in question.
Explanation 2- But where upon the trial of a person accused of an offence the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of that person shall also be a relevant fact.
ILLUSTRATlONS
(a) The question is whether A has committed cruelty towards B, his wife.
Expressions of their feelings towards each other shortly before or after the alleged cruelty are relevant facts.
(b) A is tried for a crime.
The fact that he said something indicating an intention to commit that particular crime is relevant.
The fact that he said something indicating a general disposition to commit crime of that class is irrelevant.