Section 13
Facts which becomes qarinah when right or ‘urf is in question
of Syariah Evidence Ordinance, 2001
Where the question is as to the existence of any right or
‘urf, the following facts are qarinah:
(a)
any transaction by which the right or ‘urf in question was created, claimed, modified, recognized, asserted or denied or which was inconsistent with its existence;
(b)
particular instances in which the right or ‘urf was claimed, recognized or exercised or in which its exercise was disputed, asserted or departed from.
Facts showing existence of state of mind or of body or bodily feeling are qarinah 14.
Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or good-will towards any particular person, or showing the existence of any state of body or bodily feeling, are qarinah when the existence of any such state of mind or body or bodily feeling is in issue or relevant.
Explanation I — A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists not generally but in reference to the particular matter in question.
Explanation 2 — Where upon the trial of a person accused of an offence, the previous commission by the accused of an offence is qarinah within the meaning of this section, the previous conviction of that person shall also be qarinah.
(a)
The question is whether A has been guilty of cruelty towards B, his wife.
Expression of their feelings towards each other shortly before or after the alleged cruelty are qarinah.
(b)
A is tried for a crime.
The fact that he said something indicating an intention to commit that particular crime is qarinah.
The fact that he said something indicating a general disposition to commit crimes of that class is not qarinah.
Facts bearing on question whether act was accidental or intentional