ENACTMENT NO 3 OF 1994 EVIDENCE (SYARIAH COURT) ENACTMENT 1994
PART I - RELEVANCY CHAPTER II - RELEVANCY OF FACTS
Section 14. Facts showing existance of State of mind or of body or bodily feeling.
Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or good-will towards any particular person, or showing the existence of any state of body or bodily feeling, are qarinah when the existence of any such state of mind or body or bodily feeling is in issue or relevant.
Explanation 1 - A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists not generally but in reference to the particular matter in question.
Explanation 2 - But where upon the trial of a person accused of an offence the previous commission by the accused of an offence is qarinah within the meaning of this section, the previous conviction of the person shall also be qarinah.
ILLUSTRATIONS
(a) The question is whether A has been guilty of ill-treating his wife, B.
Expression of their feeling towards each other shortly before or after the alleged ill-treatment are qarinah.
(b) A is tried for a crime.
The fact that he said something indicating an intention to commit that particular crime is qarinah.
The fact that he said something indicating a general disposition to commit crimes of the class is not qarinah.