More support for Malanjum’s call for non-Muslim native head
Published on: Wednesday, April 10, 2019
By: Leonard Alaza
KOTA KINABALU: Inanam Assemblyman Kenny Chua (pic) concurred with Chief Justice Tan Sri Richard Malanjum that non-Muslim native affairs should be the prerogative and jurisdiction of non-Muslim natives.
“What Malajum had highlighted is happening in my constituency. At the moment, we only have a Native Chief who is a Muslim,” he said. Previously there were two Native Chiefs, one of whom was a non-Muslim.
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“When it concerns the affairs of natives, I agree with him (Malanjum) that it is better for a non-Muslim to head. After all, they are experts in matters of ‘adat’ and all customary practices of the community,” he said, adding that there is a huge population of indigenous communities in Inanam as well as Karambunai.
Hence, Chua, who is also State Assistant Minister of Finance, is appealing to the Sabah Native Affairs Council to appoint a non-Muslim as Native Chief in his constituency.
“I feel it is justified that Inanam should have another Native Chief who is a non-Muslim.”
Malanjum had also said it was better for non-Muslims to be heading native affairs in Sabah, as most indigenous people in the state are non-Muslims who rely on their customs as a way of life while the Muslims already have the Syariah courts.
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Although there are Muslim natives, they have the Syariah courts.
Chua also concurred with Parti Kerjasama Anak Negeri (PKAN) who urged the Warisan-led State Government to review the administration of native affairs with the aim of clearly defining areas of native law jurisdiction relevant to Muslim and non-Muslim natives, as proposed by Malanjum.
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Party deputy president Dr Edwin Bosi had been quoted as saying that questions were raised over the appropriateness of Muslim Native Chiefs presiding over cases involving non-Muslim natives in the Native Courts, as the common penalty for offences is called “sogit” and the preferred “sogit” is mostly the pig, which is strictly haram to Muslims.
“Pig is anathema to Muslims and it is highly inappropriate for a Muslim Native Chief to prescribe pig as ‘sogit’ or appeasement for offenders under native law,” said Bosi.
He added that Muslim natives, by virtue of their religion, must submit themselves to Islamic family law and Syariah law, not native law.
“Cases involving Muslims who are native must be heard by the Syariah Court, not the native court. This is why these days Muslims are not known to appear before Native Courts as they go to the Syariah Court for remedy,” Bosi had said.
Meanwhile, two human rights activists proposed that the Syariah Court be returned to the Sultans as tribunals while the Native Court be left for the indigenous people as a secular institution.
In their joint statement, Daniel John Jambun, the President of Borneo’s Plight in Malaysia Foundation (BoPiMaFo) and Kanul Gindol, the Chairman Gindol Initiative for Civil Society Borneo, said it is high time for this to be acted upon following the remarks by Malanjum.
They said Muslims who head Native Courts should examine their conscience on the contradictions between the Native Court and Syariah.
“It appears that Muslim heads of Native Courts can’t maintain ‘sogit’ (traditional fine) involving pigs,” they said.
They further argued that if the Muslim is an Orang Asal, he or she may not be able to subscribe to Adat and Syariah at the same time.
“If the Muslim is a non-Orang Asal, it makes no sense for him or her to head a Native Court. Their primary loyalty would be to Syariah despite rule of law being the basis of the Constitution,” they said.
Among others, they said the Native Court can also preside over NCR land cases as a court of appeal after they begin at the Land Office. NCR land cases can end at the High Court of Borneo.
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