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Syariah Courts Evidence Order, 2001 · s 18

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s 18

When there is a question whether an act was accidental or intentional or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is qarinah.

Illustration

A is assigned as amil to receive fztrah from the public. It is A's duty to make entries in a book showing the amounts received by him. He makes an entry showing that on a particular occasion he received less than he really did receive.

The question is whether this false entry was accidental or intentional.

The facts that other entries made by A in the same book are false, and that the false entry is in each case in favour of A are qarinah.

Existence of course of business when become qarinah.