ENACTMENT NO. 9 OF 2002 SYARIAH COURT EVIDENCE ENACTMENT 2002
PART I - RELEVANCY CHAPTER 2 - QARINAH General
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 occurrences, in each of which the person doing the act was concerned, is qarinah.
ILLUSTRATION
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 occasion he received less than he really did receive.
The question is whether this false entry was accidental or intentional.
The fact 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.