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Section 35

Syariah Court Evidence Enactment 2004

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35.
When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it was supposed to have been written or signed, that it was or was not written or signed by that person, is qarinah.

Explanation - A person is said to be acquainted with the handwriting of another person when he has seen that person write or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him.

The question is whether a given letter is from A to his wife.

The evidence is given by B who is the secretary of A and her duty is to examine and file A's correspondence.
The opinion of B on the question whether the letter is in the handwriting of
A is qarinah, though B never saw A write.

When opinion as to existence of right or `urf is qarinah

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