ENACTMENT NO. 12 OF 1994 SYARIAH COURT EVIDENCE ENACTMENT 1994
PART I - RELEVANCY CHAPTER 2 - QARINAH
Section 14. Facts showing existence of state of mind or of body or bodily feeling.
Facts showing the existence of any 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 - But 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.
ILLUSTRATIONS
(a) The quaestion is whether A has been guilty of cruelty towards B, his wife.
Expression of their feeling 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 the particular crime is qarinah.
The fact that he said something indicating a general disposition to commit crimes of that class is not qarinah.