The Native Courts were established and have operated for over 141 years in Sarawak now. The Sarawak Native Courts were established under the Native Courts Ordinance, 1992 as the judicial institutions of the state.

Native Courts function as a unit under the Chief Minister’s Department. The main functions of the Native Court is to hear and decide any dispute over any matter or cause between the natives to be subject to any system of personal law and the determination of the dispute is based on the Customary Law or custom.

Another function is to hear and determine any application from any native who applies to be identified as natives for the purpose of obtaining native land or native customary rights land through inheritance.

This is a special enactment that applies only in the state of Sarawak. These enactments have been gazetted and amended in 1992. This Act is specified in the constitution, in Article 161A on the special position of Sabah and Sarawak, particularly in Clause 5.

Many scholars of the Dayak want to see the Native Court (or Bumiputera Court) to be upgraded in terms of its functions so that it can be on a par with civil and Syariah courts.

They agree that many of the Dayaks still depends on the Native Courts on various matters on traditional or customary justice; thus justifying the Native Courts to play a greater role and relevance.

They repeat what the Chief Judge of Sabah and Sarawak, Richard Malanjum, said in a keynote address at a workshop on issues surrounding the Native Court held at a hotel in Kuching last Saturday, which was organised by the Sarawak Dayak Graduates Association (SDGA).

Freedom of religion is enshrined in the constitution of Malaysia. First, Article 11 provides that everyone has the right to profess and practice their religion and second, the constitution also stipulates that Islam is the religion of the federation but other religions may be practiced in peace and harmony (Article 3).

We respect and not oppose any proposals for the Dayaks to empower Native Courts as well as the desire of Muslims who want to strengthen legislation on the Syariah Court. Even now the Syariah Court is lower than the Sessions Court. The Syariah Court cannot impose the death penalty and the Sessions Court also cannot hear appeal cases. The Muslims also want the Syariah Court to be on par with the Civil High Court as proposed under amendments to Act 355.

We urge the state government and the federal government can give freedom to every believer to implement legislation according to the customs and culture of each without any restrictions. If these things can be done well, no problems will arise between the believers and their culture.

There is no problem for us to accept the proposal of the Dayaks in Sarawak to strengthen Native Courts as they desire. Together we respect the culture and each other’s customs in order to avoid misunderstandings between each other so that we can live in peace and harmony.

JOFRI JARAIEE is Sarawak PAS commissioner-cum-Miri PAS chief.