Section 5. Evidence may be given of facts in issue and qarinah.
Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be qarinah, and of no others.
Explanation – This section shall not enable any person to give evidence of a fact which he is disentitled to prove by the law relating to civil procedure.
ILLUSTRATION
A is charged with beating B, his wife, with a club with the intention of ill-treating her.
At A’s trial the following facts are in issue:
A’s beating B with the club.
A’s hurting B with the beating with the intention of ill-treating her.