By ensuring equal footing and effective operation of the Native Courts, Sabah’s diverse communities can have their customary laws and traditions truly recognised and protected.
However, compared to the Syariah Courts, the Native Courts face significant limitations in jurisdiction and resources, creating a disparity that undermines both the spirit of the Malaysia Agreement 1963 and the fundamental principle of legal equality.The core issue lies in the unequal footing of the two legal systems. While both Native Customary Law and Syariah Law are recognised by the Constitution and enjoy equal standing, the reality is starkly different.
This would allow both Native and Syariah Courts to handle cases, particularly in sensitive areas like marriage and inheritance, even if one party is a Muslim native. Resource Allocation – Increased funding and infrastructure are crucial to enhance the courts’ efficiency and accessibility, making them a viable option for community members.
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