Section 11. When facts become qarinah. (SYARIAH COURTS EVIDENCE ENACTMENT 2004

ENACTMENT NO. 11 OF 2004
SYARIAH COURTS EVIDENCE ENACTMENT 2004

PART I - RELEVANCY
CHAPTER 2 - QARINAH
General

Section 11. When facts become qarinah.

Facts become qarinah –

(a) if they are inconsistent with any fact in issue or relevant fact;

(b) if by themselves or in connection with other facts they make the existence or non existence of any fact in issue or relevant fact highly probable or improbable.

ILLUSTRATIONS

(a) The question is whether A committed a crime at Kuala Lumpur on a certain day.

The fact that on that day A was at Ipoh is qarinah.

The fact that near the time when the crime was committed A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it is qurinah.

(b) The question is whether A committed a crime.

The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one else and that it was not committed by either B, C or D is qarinah.