In Malaysia, the Native Courts serve a specialized judicial function for the indigenous populations of Sabah and Sarawak. These courts have jurisdiction over matters that relate to native customs, practices, and laws, which are distinct from the general legal framework that applies to other citizens of Malaysia. The Native Courts are established to preserve and uphold the customs, traditions, and rights of indigenous communities, ensuring that legal matters affecting them are adjudicated in a manner that is consistent with their cultural practices.Â
The jurisdiction of Native Courts is specific to certain matters that are deeply rooted in the native laws and customs of the indigenous peoples in Sabah and Sarawak. The authority of these courts is defined by the respective Native Court Enactments in each state, which provide the legal foundation for their powers and responsibilities.
1. Breach of Native Law and Custom
Native Courts have jurisdiction over matters that involve the breach of native law and custom, particularly in relation to marriage, betrothal, children, and testamentary matters (i.e., issues related to wills and inheritance under native customs).
This includes disputes arising from customary marriages and the handling of marital issues according to the native traditions and customs of the indigenous groups, such as the Iban, Bidayuh, Murut, and Melanau in Sarawak or the Kadazan and Dusun in Sabah.
Native courts also handle matters related to the custody and inheritance rights of children based on traditional laws.
2. Religious and Matrimonial Matters
Native Courts in Sabah and Sarawak also have jurisdiction over religious and matrimonial matters involving indigenous communities. This can include issues of marriage ceremonies, divorces, and other family matters governed by religious or customary practices.
In these cases, the courts uphold and ensure that the native communities' religious and cultural norms are respected while resolving conflicts.
3. Land Ownership and Use
Native Courts also have jurisdiction over land ownership and land use disputes that involve indigenous communities. Land is often considered a vital part of the identity and heritage of native groups, and these courts play a crucial role in determining land rights and resolving conflicts related to land ownership, usage, and boundaries.
Issues such as land inheritance, land disputes between families or communities, and the traditional use of land for agricultural purposes are some examples of cases that may be heard by the Native Courts.
4. Jurisdiction Conferred by Enactments or Written Laws
In addition to the specific areas of jurisdiction mentioned above, Native Courts also have jurisdiction where it is conferred upon them by relevant Native Court Enactments or other written laws. These laws are created by the state governments of Sabah and Sarawak and may give Native Courts the power to adjudicate on other issues that may not fall strictly under customary law but are important to the native communities.
This could include matters concerning economic rights, community disputes, or other issues that directly affect the indigenous way of life, where the Native Courts have been granted specific authority through legislation