AL-QARINAH

(circumstantial
evidence)
 Al_Qarinah
O Definition-literally means together,
accompany, related/ anything which
explains or shows something.

O Abdul Karim Zaidan:

anything which may be used as proof to
establish the existence/non existence of a
thing.
 Example:-
 A man if a man appeared out of a house with a knife in his hand,
he being stain with blood, moving fast, and with symptoms of fear
and when people entered the house they found a man slain,
there was no other man went out of the house. Can be inferred
that the man kad killed the victim.

 Stolen items were found in a person`s house.-inference can be

made that, the person had stolen the item, he had bought the
stolen item from the thief, or the thief had put the items in the
man`s house.
 LEGAL BASIS
 The 4 sunni schools have accepted qarinah as a
method of proof based on the following
authorities
 Surah Yusuf 12:18-They stained his shirt with false
blood. He ( Prophet Yaakob) said ‘Nay, but your
minds have made up a tale (that may pass) with you.
For me, patience is most fitting…’
 Yaakob has treated the blood stained shirt as an
evidence showing that Yusuf is still alive, since the
blood stain shirt was not torn as it should had been
if Yusuf was really attacked by wolves. Yaakob was
narrated to have said ‘when did wolves become so
clever, that they could eat Yusuf without tearing his
shirt’.
 Surah Yusuf 12: 25-27-’And they both raced to the
door, and she tore his shirt from the back, and they
found her husband at the door. She said, "What is
the recompense of one who intended evil for your
wife but that he be imprisoned or a painful
punishment?"[Joseph] said, "It was she who sought
to seduce me." And a witness from her family
testified. "If his shirt is torn from the front, then she
has told the truth, and he is of the liars. But if his
shirt is torn from the back, then she has lied, and he
is of the truthful.“
 The facts that Yusuf`s shirt was torn at the back is a
qarinah showing that Yusuf did not try to molest
zulaikha.
 The prophet Sulaiman was reported to
have decided a case based on qarinah:-
when he was approached by 2 women
carrying a child, both were claiming over
the child. The prophet said ‘bring a knife
so that I would cut the child into 2, and I
could give each half to each of you.
 The older woman agreed, but the younger
one said ‘ May Allah give His mercy on
you, please do not do such a thing. the
child is hers. Then the prophet gave the
child to the younger.
O Ibn Qayyim commented, the fact that the
younger women was ready to give up her
claim to the older woman shows that she
was the true mother, because no true
mother would stand to see her child
being cut into two due to maternal love
and special bond existing between
mother and child.
 Standard of Proof
for the admissibility of al-
Qarinah
 Not all Q have same quality and value in
evidence. There are strong and weak Q. only
strong Q will be accepted-weak and
unconvincing Q will be rejected.
 Strong Q is the one tt makes a fact established
or shows a convincing indication and the
conclusion made out of it is unrebuttable.
 Acc. to Abdul Mun`im al-Baha`i- the Q which will
be taken into consideration is the one which is
strong in the sense tt it can be used as a basis
of deciding a matter.
 Art. 1741 says ‘ a complete presumptive proof is
an inference which attains the degree of positive
knowledge.’ By this Art. it is understood tt a Q
must reach the standard of Yakin.
 h/w the jurists are of the opinion tt the standard
of Yakin here does not mean beyond any shadow
of doubt.-only needs to reach al-Zann al-
Ghalibah, coz as a presumptive evidence, no
matter how strong it is, it still carries doubts.
 Thus to be admitted the Q must at least attain
the standard of al-Zann al-Ghalibah.
Qarinah in Hudud matters
 Zina case.(unmarried pregnant women)
 unanimously agreed can be established by Iqrar and
Shahadah.
 at odds whether can be established by Q (i.e unwet pregnant
women)
 Abu Hanifah & al-Syafi`e-zina had cannot be imposed due to
doubt. To them Q evidence is not conclusive, still carries doubt.
 Imam Malik-can if the women not resident and not known to
the place unless element of force and doubt exist.
 Hambalis- cannot be imposed, may be due to rape or man`s
seminal gets into the her womb thru other device or
coincidentally.
 Drinking Liquor
 unanimously agreed can be established by Iqrar
and Shahadah.
 at odds whether can be established by Q (smell
of mouth/vomit containing liquor) -2 views
 Syafi`ies, Hanafies and other-cannot establish-
due to uncertainty, could have been forced,
mistakenly, ignorantly taken.
 Khulafa’ al-Rasyidin, Imam Malik, Ahmad-can
establish-the smell of liquor in breath/vomit-is a
strong Q.
 Qarinah in Qisas matters

 Issue: whether Q can be admitted to prove a

murder
 Majority-murder can be proven by way of Q in the
form of al-Lauth entitling the victim`s family to
demand the process of Qasamah. (the taking of
50 times oath either by accused/accuser).
 If the victim` family takes the oaths;
 Imam Malik and Ahmad-the accused be put to death
 Imam Syafi`ie- Diyyah (compensation) by the
accused to the victim`s family.
Qarinah In SCE (FT) 1997
 Facts forming part of same transaction are
qarinah
 6. Facts which, though not in issue, are so
connected with a fact in issue as to form
part of the same transaction are qarinah.
 ILLUSTRATION:-A is accused of beating B,
his wife. Whatever was said or done by A or
B or bystanders at the beating or so shortly
before or after it as to form part of the same
transaction is qarinah.
O Facts which are the occasion, cause or
effect of facts in issue or relevant facts
O 7. Facts which are the occasion, cause or
effect, immediate or otherwise, of facts in
issue or relevant facts, or which constitute
the state of things under which they
happened or which afforded an opportunity
of their occurrence or transaction, are
qarinah.
 Motive, preparation and previous or subsequent
conduct
 8. (1) Any fact is qarinah which shows or constitutes
a motive or preparation for any fact in issue or
relevant fact.
 (2) The conduct of any party, or of any agent to any
party, toany suit or proceeding in reference to that
suit or proceeding, or in reference to any fact in issue
therein or relevant thereto, and the conduct of any
person an offence against whom is the subject of any
proceeding, is qarinah if the conduct influences or is
influenced by any fact in issue or relevant fact, and
whether it was previous or subsequent there
 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.
O Facts bearing on question whether act was
accidental or intentional
O 15. When there is a question whether an act
was accidental or intentional or done with a
particular knowledge or intention, the fact
that the act formed part of a series of
similar occurrences, in each of which the
person doing the act was concerned, is
qarinah.
O ILLUSTRATION
O A is employed to receive fitrah as amil 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.
O The question is whether this false entry was
accidental or intentional.
O The fact 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.
 Decided cases ;
PENDAKWA v AZIMAH

PENDAKWA v YUSNADY & SAIFUL BAHRI

SAHUL HAMID v MUINS
KAMARIAH v MANSJUR
G. RETHINASAMY v MUIPP
MUSTAFA BATCA v HABEEBA
ZAINAB v ABDUL LATIF