Syariah Courts Evidence Order, 2001 · s 14

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s 14Facts become qarinah -

(a)

if they are inconsistent with any fact in issue or relevant fact;

(b)

if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.

Illustrations

(a)

The question is whether A committed a crime at Kuala Belait on a certain day.

The fact that on that day A was at Muara 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, Bl C or 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, CorD is qarinah.

1544

In suits for damages facts tending to enable Court to determine amount are qarinah.