Qarinah: Its Functions in Establishing a Claim and Convicting a Crime

Abstract

Qarinah is a tool of proof that applicable in Law of Evidence in order to establish a claim and convict a crime. This study is done on the functions of qarinah in establishing a claim and convicting a crime. It is because garinah was attested by the 'ulama as a great proving method whenever it fulfills and appropriate with the conditions that rules by the syarak. The study sought to understand the application of qarinah in the Law of Evidence besides viewing how far it's applicable in Syariah Court of Kota Bharu, Kelantan. The writer wants to bring the society particularly in Malaysia to understand well about the meaning of qarinah and its position as a tool of proof. Library research and field research through observation on the case fifes in the Syariah Court af Kota Bharu, Kelantan were the methods employed for data gathering purposes. The findings indicate that qarinah is accepted as a too1 of proof in Islamic Law of Evidence particularly. Finally, this study found out that any Syariah Court in this country have no jurisdiction to try and hear the hudud and qisas cases as commanded and ruled by the Islamic Law.