Section 13. Fact which becomes qarinah when right or `urf is in question (SYARIAH COURTS EVIDENCE ENACTMENT 2004

ENACTMENT NO. 11 OF 2004
SYARIAH COURTS EVIDENCE ENACTMENT 2004

PART I - RELEVANCY
CHAPTER 2 - QARINAH
General

Section 13. Fact which becomes qarinah when right or `urf is in question

Where the question is as to the existence of any right or `urf the following facts are qarinah –

(a) any transaction by which the right or `urf in question was created, claimed, modified, recognized, asserted or denied or which was inconsistent with its existence;

(b) particular instances in which the right or `urf was claimed, recognized or exercised or in which its exercise was disputed, asserted or departed from.