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Borneo Post
21-05-2025
- Politics
- Borneo Post
PBDS voices concern over inclusion of wakaf in Sarawak Land Code
Dr John Brian Anthony KUCHING (May 22): Parti Bansa Dayak Sarawak (PBDS) has expressed deep concern over any proposal to incorporate provisions related to 'wakaf' – the Islamic endowment system – into the Sarawak Land Code. Its permanent chairman Dr John Brian Anthony said the introduction of wakaf into the Sarawak Land Code could create a dual land ownership framework that complicates land administration and weakens the clarity of property rights. 'This could have unintended consequences for development, inheritance, and dispute resolution—especially for mixed-religion or indigenous communities,' he said in a statement. He was commenting on the Land Code (Amendment) Bill 2025, which was passed during the State Legislative Assembly (DUN) sitting on Tuesday. Among the important provisions in the Bill includes the introduction of Section 171A, which formalises the registration of wakaf land in the Land Registry. Deputy Premier Datuk Amar Awang Tengah Ali Hasan, who tabled the Bill, explained that the move empowers the Majlis Islam Sarawak and also extends to other religions with similar practices, reinforcing Sarawak's inclusive approach to land rights and religious diversity. In this regard, John Brian pointed out that while PBDS respects and recognises the importance of religious freedom, the party also emphasises the need to preserve Sarawak's unique legal and cultural identity. 'Sarawak is a model of religious and cultural diversity. Introducing wakaf laws into civil land legislation risks upsetting this balance by creating perceptions of religious favouritism and state-sanctioned religious encroachment into secular legal systems,' he said. 'For Dayak and other native communities, land is not just an economic asset but it is tied to ancestry, tradition, and identity. 'The idea of a parallel land system based on religious principles raises serious alarm and may erode confidence in the impartiality of our land laws,' he added. Moreover, he also stressed that Sarawak's land laws are governed under its own jurisdiction as guaranteed by the Malaysia Agreement 1963. 'We reject any attempt – direct or indirect – to import religious land systems that may be influenced by federal institutions or ideologies not rooted in Sarawak's legal traditions.' As such, John Brian said the people of Sarawak, Muslims and non-Muslims alike, deserve to be fully consulted on any changes to land laws. He reiterated that no major legal reform should be pushed through without transparent, inclusive engagement with stakeholders, civil society, and local communities. 'We call on the Sarawak government to halt any proposal to introduce wakaf laws into the Land Code until full public consultation is held and guarantees are given that Sarawak's multicultural fabric and state autonomy will not be compromised,' he said. Dr John Brian Anthony lead PBDS Sarawak Land Code wakaf
New Straits Times
21-05-2025
- Politics
- New Straits Times
Sarawak opposition parties object to passage of bill to amend land code
KUCHING: Two opposition parties today expressed their strong objection over the passage of a bill to amend the Sarawak Land Code to incorporate provisions related to wakaf, the Islamic endowment system. They said that the amendments to include section 171A shows that the Sarawak government is not sensitive to the feelings of the multireligious, multicultural and multiracial society of Sarawak. "The inclusion of section 171A to the Sarawak Land Code will empower the Majlis Islam Sarawak (MAIS) to deal with land that is (deemed) wakaf," they said. Parti Bansa Dayak Sarawak (PBDS) permanent chairman Dr John Brian Anthony said PBDS recognised and respected the importance of religious freedom for all Malaysians, including Muslims. "However, we must be firm in upholding the unique legal, cultural, and social foundations of Sarawak, especially when they pertain to land — our most vital and sensitive resource," he said in a statement when responding to the passage of the amendment Bill in the Sarawak Legislative Assembly yesterday. He said the party's objection was grounded on preserving Sarawak's multicultural harmony where Sarawak was a model of religious and cultural diversity. "Introducing wakaf laws into civil land legislation risks upsetting this balance by creating perceptions of religious favouritism and state-sanctioned religious encroachment into secular legal systems." Brian said for the Dayak and other native communities, land was not just an economic asset — it was tied to ancestry, tradition, and identity. "The idea of a parallel land system based on religious principles raises serious alarm and may erode confidence in the impartiality of our land laws," he said. He said introducing wakaf into the Sarawak Land Code could create a dual land ownership framework that complicated land administration and weakened the clarity of property rights. "This could have unintended consequences for development, inheritance, and dispute resolution — especially for mixed-religion or indigenous communities," he said. Brian said the people, whether Muslim or non-Muslims, deserved to be fully consulted on any changes to land laws. "No major legal reform should be pushed through without transparent, inclusive engagement with stakeholders, civil society, and local communities," he said. PBK president Voon Lee Shan said the Gabungan Parti Sarawak (GPS) should not impose supremacy of Islam and Malay race in the Land Code because this could cause suspicion among Sarawakians as the treatment of people of different races, culture and religions in Sarawak. He said MAIS, established under the Majlis Islam Sarawak Ordinance 2001, was a corporate body that could do business and own properties. "MAIS, for the purpose of the Land Code, is deemed a Native of Sarawak under the Majlis Islam Ordinance 2001," Voon, a senior lawyer, stressed. He said the amendment Bill, which sought to import the concept of "wakaf or endowment", could create racial and religious tensions in Sarawak if there were disputes involving native property, especially, native land in Sarawak. He said section 1771A(1) which stated that "any person who has rights and interests on any land may lodge an application to declare such land as wakaf or endowment" could create problems, if the claimant came to make bogus claims on any land — more so over a native land. He noted that at the moment, most native lands had no title and were not surveyed and there were bound to be dispute if bogus claims of land to be wakaf arose. Voon said that there was nothing to prevent a person who made the bogus claim to the land, from seeking MAIS to identify and cause MAIS to declare the land as wakaf land. "The land will then comes under the jurisdiction of MAIS," he added.
