Syariah Courts Evidence Order, 2001 · s 10

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s 10

Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts or facts in issue, or which constitute the state of things under which they happened or which afforded an opportunity for their occurrence or transaction, are qarinah.

Illustrations

{a)

The question is whether A committed hirabah on B.

The facts that shortly before the commission of the hirabah B went to a supermarket with money in his possession and that he showed or mentioned the fact that he had it to third persons are qarinah.

(b)

The question is whether A murdered B.

Marks on the ground produced by a struggle at or near the place where the murder was committed are qarinah.

{c)

The question is whether A poisoned B.

The state of B's health before the symptoms ascribed to poison and habits of

B known to A, which afforded an opportunity for the administration of poison, are qarinah.

Motive, preparation and previous or subsequent conduct.