ENACTMENT NO. 2 OF 1991
EVIDENCE ENACTMENT OF THE SYARIAH COURT 1991

PART I - RELEVANCY
CHAPTER 2 - QARINAH



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 occurences, in each of which the person doing the act was concerned is qarinah.

ILLUSTRATIONS


A is given the duty to receive fitrah as "amil" form 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 facts that entries made by A in the same book are false entry is in each case in favour of A are qarinah.




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