Please enable JavaScript.
Coggle requires JavaScript to display documents.
NATIVE CUSTOMARY LAW IN SABAH, NATIVE CUSTOMARY LAW IN SARAWAK - Coggle…
NATIVE CUSTOMARY LAW IN SABAH
Native customary laws in Sabah are found in
judicial decisions;
unrecorded oral traditions.
legislation;
administrative codes;
G.C Wooley had in a series of Native affairs Bulletin set out in detail certain features of the customary law of the Dusuns, Muruts, and Kwijans.
Matters deals with these law include offences against persons, property and tribes aside from matrimonial and inheritance questions.
In Sabah , Native laws are administered by Native Courts established by their respective Native Courts Ordinances.
Hierarchy of Native Courts in Sabah
1) Native Courts of Appeal
District Officers Court
Native Courts
Native Courts in Sabah are not complex and elaborate as those in Sarawak.
Native Courts must be composed of two or more members, at least one member of the court must belong to the race whose law of custom is alleged to have been broken.
The District Officer’s Court is presided over by the District Officer of the relevant district. Final appeals lie to Native Courts of Appeal, which is composed of a judge of the High Court, the Resident of the area and one Native Chief to be appointed by Yang Dipertua Negeri.
NATIVE CUSTOMARY LAW IN SARAWAK
Native customary laws in Sarawak are found in
statutes;
judicial decisions.
administrative codes;
Administrative Codes
The Dayaks had traditionally administered a syatem of adat to regulate matters such as community living, religion, marriage, and ineritance. In the early years of the Brooke Administration in Sarawak, some of these unwritten laws were modified and codified under the Native Customary Laws Ordinance 1955 (Cap.51). Under that Ordinance, a number of native law texts were dealt with as administrative codes.
These included:
The Sea Dayak (Iban) Code of Fines 1952 or the Tusun Tunggu, codified first in the Third Division, and later extended to the Fourth and Fifth Division;
The Orang Ulu Customary Code of Fines ( Belaga Sub-District) Order and the Orang Ulu Customary Code of fines ( Fourth Division) order
Two official compilations of adat by A.J. N. Richards, namely the Dayak (Iban) Adat Law 1963 and the Dayak (Bidayuh)
Adat Law 1964, published under an administrative order, were invaluable for dealing with cases concerning adat in the Iban and Bidayuh communities respectively. These compilations have been replaced by the codified Adat Iban 1993 ( Swk. L.N. 18) and the Adat Bidayuh 1994 (Swk. L.N. 27)
Hierarchy of Native Courts in Sarawak
1) Native Court of Appeal
District Native Court
Native officer’s @ Chiefs Court
Headman’s Court