Section 11. When facts not otherwise relevant become relevant. (SYARIAH COURTS EVIDENCE ENACTMENT 1992

ENACTMENT NO. 16 OF 1992
SYARIAH COURTS EVIDENCE ENACTMENT 1992

PART I - RELEVANCY
CHAPTER II - QARINAH

Section 11. When facts not otherwise relevant become relevant.

Facts not otherwise relevant are relevant-

(

) if they are inconsistent with any fact in issue or relevant fact;

(b) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.

ILLUSTRATIONS

(a) The question is whether A committed a crime at Kota Kinabalu on a certain day.

The fact that on that day A was at Kudat is relevant.

The fact that near the time when the crime was committed A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible that he committed it is relevant.

(b) The question is whether A committed a crime.

The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one else and that it was not committed by either B, C or D is relevant.