Chong raises concerns over religious provision in Land Code (Amendment) Bill, 2025

Borneo Post

20-05-2025

Chong arriving for today's State Legislative Assembly (DUN) sitting. – Photo by Roystein Emmor
KUCHING (May 20): Padungan assemblyman Chong Chieng Jen today voiced his objection to the inclusion of religious elements in the Land Code (Amendment) Bill, 2025, warning that it could erode Sarawak's long-standing secular governance and sow future legal and social discord.
Debating the Bill tabled by Deputy Premier Datuk Amar Awang Tengah Ali Hasan in the State Legislative Assembly (DUN) sitting today, Sarawak Democratic Action Party (DAP) chairman focused on Clause 9, which introduces a new Section 171A to provide for the registration of 'wakaf' (religious endowment) land under the Sarawak Land Code.
According to him, the provision allows individuals or Majlis Islam Sarawak to apply for land to be declared as 'wakaf', while also opening the door for similar recognition under other religions with equivalent practices.
'This is the first time in Sarawak's history that a religious doctrine is being inserted into the Land Code, which is a law of general application meant for all, regardless of faith.
'Sarawak has no official religion under its constitution, and this move sets a precedent that goes against our secular foundation,' he said.
Chong thus warned that importing the Islamic concept of 'wakaf' into a general land law could result in legal uncertainties and potential religious conflict.
He also questioned how disputes involving 'wakaf' land and non-Muslim claimants would be handled, whether by civil or sharia courts, and whether such challenges would be seen as opposing a religious decision.
'Conflicts like these have already created tension in West Malaysia. Sarawak must not go down the same path,' he said.
Apart from that, he also highlighted the lack of clarity in the Bill, noting that the term 'wakaf' is not defined within the Land Code itself.
'Interpretation of such religious concepts might end up depending on fatwa councils rather than civil courts, undermining our legal neutrality,' he said.
As an alternative, Chong proposed that Clause 9 and part of Clause 14, both related to 'wakaf', be removed from the Bill and suggested that the government instead table two separate comprehensive Bills: one to regulate Islamic 'wakaf' and another for non-Muslim charitable trusts.
Turning to other parts of the amendment Bill, Chong also addressed Clause 3, which imposes harsh penalties on those found extracting, removing, or transporting rock materials without a licence.
While he agreed with regulating rock extraction to protect the environment and ensure proper oversight, he pleaded for leniency toward small-scale lorry drivers who transport the materials.
'These drivers are daily wage earners who own only one lorry. They often have no power to demand quarry owners to show their permits. Yet, under this amendment, they can be presumed guilty of illegal extraction simply for carrying rocks and this is unfair and excessive,' he said.
On development matters covered in Clauses 16 to 18, Chong called for greater sensitivity in urban planning, especially regarding high-rise developments that disrupt existing residential communities.
He highlighted the case of the RISE Residence project at Jalan Haji Taha, where a rubbish collection centre was approved directly in front of houses on Lorong Haji Taha 2.
'This is not just a planning flaw, it's a daily discomfort for the residents. The authorities should amend the approved plan and relocate the rubbish centre to a less intrusive location,' he urged.
Meanwhile, Chong also praised the state's policy of requiring financial contributions from large housing developers to fund affordable housing, but called for refinements to ensure its effective implementation. Chong Chieng Jen DUN sitting Land Code (Amendment) Bill lead wakaf