Section 11. When facts become qarinah. (EVIDENCE (SYARIAH COURT) ENACTMENT 1994

ENACTMENT NO 3 OF 1994
EVIDENCE (SYARIAH COURT) ENACTMENT 1994

PART I - RELEVANCY
CHAPTER II - RELEVANCY OF FACTS

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 themselues or in connection with other facts they make the existence or nonexistence of any fact in issue or relevan fact highly probable or improbable.

ILLUSTRATIONS

(a) The question· is whether A committed a crime in Ipoh on a certain day.

The fact that on that day A was in Taiping is qarinah.

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 qarinah.

(b) The question is whether A committed a crime. The circumstances are such that the crime must have been committed either by A, B, Cor 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 qarinah.