ENACTMENT NO. 12 OF 1994 SYARIAH COURT EVIDENCE ENACTMENT 1994
PART I - RELEVANCY CHAPTER 2 - QARINAH
Section 15. Facts bearing on question whether act was accidental or intentional.
When there is a question whether an act was accidental or intentional or done with a particular knowledge or intention, the fact that the act formed part of a series of similar occurences, in each of which the person doing the act was concerned, is qarinah.
ILLUSTRATIONS
A is employed to receive fitrah as 'amil' from the public. It is A's duty to make entries in a book showing the amounts received by him. He makes an entry showing that on a particular accasion he received less than he really did receive.
The quaestion is whether this false entry was accidental or intentional.
The facts that other entries made by A, in the same book are false and that the false entry is in each case in favour of A are qarinah.