Syariah Courts Evidence Order, 2001 · s 12

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12.
Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of anything or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened or which show the relation of parties by whom any such fact was transacted, are qarinah in so far as they are necessary for that purpose.
Illustrations
(a} The question is whether a given document is the will of A.
The state of A's property and of his family at the date of the alleged will may be qarinah.
{b}
A is accused of a crime.
1543

The fact that soon after the commission of the crime A absconded from his house, is qarinah under section 11 as conduct subsequent to and affected by facts in issue.
The fact that at the time when he left home he had sudden and urgent business at the place to which he went, is qarinah as tending to explain the fact that he left home suddenly.
Things said or done by conspirator in reference to common design.

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s 12

Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of anything or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened or which show the relation of parties by whom any such fact was transacted, are qarinah in so far as they are necessary for that purpose.

Illustrations

(a} The question is whether a given document is the will of A.

The state of A's property and of his family at the date of the alleged will may be qarinah.

{b}

A is accused of a crime.

1543

The fact that soon after the commission of the crime A absconded from his house, is qarinah under section 11 as conduct subsequent to and affected by facts in issue.

The fact that at the time when he left home he had sudden and urgent business at the place to which he went, is qarinah as tending to explain the fact that he left home suddenly.

Things said or done by conspirator in reference to common design.