PART III - PRODUCTION AND EFFECT OF EVIDENCE CHAPTER 3 - EXAMINATION OF WITNESSES
Section 94. Court to decide as to admissibility of evidence
(1) When either party proposes to give evidence of any fact, the Court may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be qarinah; and the Court shall admit the evidence if it thinks that the fact, if proved, would be qarinah, and not otherwise.
(2) If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last-mentioned fact must be proved before evidence is given of the fact first-mentioned, unless the party undertakes to give proof of the fact and the Court is satisfied with the undertaking.
(3) If the relevancy of one alleged fact depends upon another alleged fact being first proved, the Court may, in its discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact.
ILLUSTRATIONS
(a) It is proposed to prove a statement about a relevant fact by a person alleged to be dead, which statement is qarinah under section 20.
The fact that the person is dead must be proved by the person proposing to prove the statement before evidence is given of the statement.
(b) It is proposed to prove by a copy the contents of a document said to be lost.
The fact that the original is lost must be proved by the person proposing to produce the copy before the copy is produced.