Section 5. Evidence may be given of facts in issue and qarinah. (SYARIAH COURT EVIDENCE (STATE OF MALACCA) ENACTMENT 2002

ENACTMENT NO. 08 OF 2002
SYARIAH COURT EVIDENCE (STATE OF MALACCA) ENACTMENT 2002

PART I - RELEVANCY
CHAPTER 2 - QARINAH
General

Section 5. Evidence may be given of facts in issue and qarinah.

Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be qarinah, and of no others.

Explanation – This section shall not enable any person to give evidence of a fact which he is disentitled to prove by the law relating to civil procedure.

ILLUSTRATION

A is charged with beating B, his wife, with a club with the intention of ill-treating her.

At A’s trial the following facts are in issue:

A’s beating B with the club.

A’s hurting B with the beating with the intention of ill-treating her.