Section 36. When opinion as to existence of right or ‘urf is qarinah. (SYARIAH COURT EVIDENCE (STATE OF PENANG) ENACTMENT 2004

ENACTMENT No. 8 of 2004
SYARIAH COURT EVIDENCE (STATE OF PENANG) ENACTMENT 2004

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

Section 36. When opinion as to existence of right or ‘urf is qarinah.

When the Court has to form an opinion as to the existence of any right or ‘urf, the opinions as to the existence of such right or ‘urf of persons who would be likely to know of its existence, if it existed, are qarinah.

Explanation

—The expression “right or

‘urf ”

includes right or

‘urf

common to any considerable class of persons.