Syariah Courts Evidence Order, 2001 · s 44

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s 44

When the Court has to form an opinion as to the existence of any general custom or right, the opinions as to the existence of such custom or right of persons who would be likely to know of its existence, if it existed, are qarinah.

Explanation-The expression "general custom or right" includes customs or rights common to any considerable class of persons.

Illustration

The right of the inhabitants of a particular village to use the water of a particular well is a general right within the meaning of this section.

When opinion as to usages, tenets etc. is qarinah.