Section 16
of Syariah Courts Evidence Order, 2001
ORDERIn forceProvision 177 of 323
Section 16
Where the question is as to the existence of any right or custom, the following facts are qarinah –
(a)
any transaction by which the right or custom 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 custom was claimed, recognized or exercised or in which its exercise was disputed, asserted or departed from.
Facts showing the existence of state of mind or of body or bodily feeling.