Section 38. When opinion as to relationship is qarinah (SYARIAH COURT EVIDENCE ENACTMENT 2005

ENACTMENT NO. 4 OF 2005
SYARIAH COURT EVIDENCE ENACTMENT 2005

PART I - RELEVANCY
CHAPTER 2 - QARINAH
When Opinion of Third Persons is Qarinah

Section 38. When opinion as to relationship is qarinah

When the Court has to form an opinion as to the relationship of one person to another, the opinion expressed by conduct as to the existence of such relationship of any person who as a member of the family or otherwise has special means of knowledge on the subject is qarinah.

ILLUSTRATIONS

(a) The question is whether

and

were married.

The fact that they were usually received and treated by their friends husband and wife is qarinah

(b) The question is whether

was a legitimate son of

The fact that

was always treated as such by members of the family is qarinah.When grounds of opinion are

qarinah