Native Court Differs From The Authority Of Other Courts
KUCHING: The Native Court in Sarawak has its own distinct role and jurisdiction, which differ from the authority of other courts, particularly in terms of the source of its legal powers and its position within the national judicial system.
The Speaker of the Sarawak Legislative Assembly (DUN), Tan Sri Datuk Amar Mohamad Asfia Awang Nassar, said that the Native Court is established under state law through ordinances and is subject to approval by the Sarawak Legislative Assembly.
He explained that this arrangement is different from that of the Syariah Court, which derives its powers and authority from the Federal Constitution, thereby placing it on an equal footing with the Civil Court.
“The Native Court has authority over customs and native customary land, but it does not hold the same legal standing or jurisdiction as the Syariah Court,” he said.
He made these remarks when speaking to reporters after delivering his keynote address at the Opening of the Legal Year of the Sarawak Syariah Courts Conference (OSLYS) 2026, held at a leading hotel here on Thursday.
In his keynote address, Tan Sri Datuk Amar Mohamad Asfia added that there have been voices from other ethnic communities expressing a desire for their respective customary courts to be upgraded and placed on par with the Syariah Court.
However, he stressed that this is not something that can be easily implemented.
He clarified that the Malaysian Constitution does not provide for the existence of other customary courts with a status equivalent to that of the Syariah Court.
“As such, Islamic law, customary law or other traditional customs do not possess this authority as granted by the Yang di-Pertuan Agong or by the Federal Constitution,” he said.
He noted that this explanation is important in helping the public better understand the structure and hierarchy of the judicial system in Sarawak, as well as the legal limitations that distinguish the role of the Native Court from other courts. -UKASnews
Reporter: Ahmad Daniel Faiz
Translator: Uilson Ng
Photographer: Shahril Haqim
