Section 38. When opinion as to relationship is qarinah. (SYARIAH COURT EVIDENCE ENACTMENT 2002

ENACTMENT NO. 9 OF 2002
SYARIAH COURT EVIDENCE ENACTMENT 2002

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

Section 38. When opinion as to relationship is qarinah.

When the Court has to form an opinion as to the relationship of one person to another, the opinion expressed by conduct as to the existence of such relationship of any person who as a member of the family or otherwise has special means of knowledge on the subject is qarinah.

ILLUSTRATIONS

(a) The question is whether A and B were married.

The fact that they were usually received and treated by their friends as husband and wife is qarinah.

(b) The question is whether A was a legitimate son of B.

The fact that A was always treated as such by members of the family is qarinah.