Syariah Courts Evidence Order, 2001 · s 43

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43.
When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed, that it was or was not written or signed by that person, is qarinah.
Explanation -
A person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him.
Illustration
The question is whether a given letter from A to his wife is written by A.
Evidence is given by B, A's secretary whose duty is to examine and fi.le A's correspondence.
The opinion of Bon the question whether the letter is in the handwriting of
A is relevant, though B never saw A write the letter.
When opinion as to existence of right or custom is qarinah.

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s 43

When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed, that it was or was not written or signed by that person, is qarinah.

Explanation -

A person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him.

Illustration

The question is whether a given letter from A to his wife is written by A.

Evidence is given by B, A's secretary whose duty is to examine and fi.le A's correspondence.

The opinion of Bon the question whether the letter is in the handwriting of

A is relevant, though B never saw A write the letter.

When opinion as to existence of right or custom is qarinah.