ENACTMENT NO. 2 OF 1991 EVIDENCE ENACTMENT OF THE SYARIAH COURT 1991
PART I - RELEVANCY CHAPTER 2 - QARINAH
Section 11. When facts become qarinah.
Facts become qarinah-
(a) 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 qarinah highly probable or improbable.
ILLUSTRATIONS
(a) The question is whether A committed a crime at Kota Bharu on a certain day.
The fact that on that day A was in Kuala Lumpur is qarinah.
The fact that near the time when the crime was committed A was at a distance from the where it was committed, which would render it highly improbable, though not impossible, that he committed it is qarinah.
(b) The question is whether A committed 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 other B, C or D is qarinah.