Wakaf land to gain legal status following amendments to Sarawak Land Code

The Star

20-05-2025

KUCHING: Wakaf or religious endowment lands in Sarawak will be granted legal recognition following amendments to the state Land Code.
Deputy Premier Datuk Amar Awang Tengah Ali Hasan said a new Section 171A was introduced to provide a formal mechanism for the registration of wakaf in the Land Registry.
On concerns raised by Chong Chieng Jen (DAP-Padungan) that the amendment would introduce a religious element into the Land Code, Awang Tengah said this was a misconception.
"It is clear in this Bill that the provision only touches on the registration and administration of wakaf land.
"This is important to ensure that wakaf or endowment land is managed efficiently according to the law, whether by Majlis Islam Sarawak or Unifor (Unit for Other Religions)," he said.
He said the amendment would empower individuals and Majlis Islam Sarawak to apply for such registrations while extending similar provisions to other religions with equivalent concepts.
"This marks a progressive and inclusive step forward, reflecting Sarawak's commitment to safeguard the rich diversity of religious faiths within its multicultural society," he said when tabling the Land Code (Amendment) Bill in the Sarawak Legislative Assembly on Tuesday (May 20).
While debating the Bill, Chong had said religious ideology should not be incorporated into a law of general application to all as it could lead to legal and religious conflict.
He called on the state government to introduce a separate Bill to regulate wakaf matters instead of amending the Land Code.
Meanwhile, Awang Tengah said other key amendments included expanding the scope of regulation over rock materials to require licensing for their extraction and transportation within and out of Sarawak.
"This ensures that all stages of handling, from on-site removal to off-site transit, require proper licensing," he said.
Other amendments aim to enhance enforcement provisions, such as increasing the penalty for the unlawful occupation, cultivation or clearing of state land to a maximum fine of RM500,000 or five-year jail term.
Unauthorised subdivision or development of land is now punishable by fines of up to RM3mil and an additional daily penalty of RM5,000 for continuing offences.
"The provisions introduced through this Bill are intended to strengthen Sarawak's land governance framework by updating current administrative practices and clearer policy direction.
"Notably, the amendments also introduce strengthened enforcement mechanisms within the Land Code, empowering the enforcement authorities to act swiftly and decisively against non-compliance, encroachments and illegal occupations," Awang Tengah said.
The Bill was passed after 16 assemblymen debated on it.