ENACTMENT NO. 08 OF 2002 SYARIAH COURT EVIDENCE (STATE OF MALACCA) ENACTMENT 2002
PART I - RELEVANCY CHAPTER 2 - QARINAH General
Section 14. Facts showing existence of state of mind or of body or bodily feeling are qarinah.
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 showing the existence of any state of body or bodily feeling, are qarinah 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—Where upon the trial of a person accused of an offence the previous commission by the accused of an offence is qarinah within the meaning of this section, the previous conviction of that person shall also be qarinah.
(a) The question is whether A has been guilty of cruelty towards B, his wife.
Expression of their feelings towards each other shortly before or after the alleged cruelty are qarinah.
(b) A is tried for a crime.
The fact that he said something indicating an intention to commit that particular crime is qarinah.
The fact that he said something indicating a general disposition to commit crimes of that class is not qarinah.