Latest news with #MajlisIslamSarawak
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.
The Star
20-05-2025
- Politics
- The Star
Wakaf land to gain legal status following amendments to Sarawak Land Code
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.
New Straits Times
20-05-2025
- Politics
- New Straits Times
Proposed Sarawak law sets RM1 million fine for rock smuggling
KUCHING: Anyone caught transporting rocks out of Sarawak without a valid licence from the Land and Survey Department could face a fine of up to RM1 million and a jail term, under proposed amendments to the Sarawak Land Code. Deputy Premier Datuk Amar Awang Tengah Ali Hassan, who tabled the bill today, said the insertion of Section 32AA into the Land Code aims to close a regulatory gap. The amendment proposes penalties ranging from a RM100,000 to RM1 million fine, up to five years' imprisonment, or both. The bill is currently at the second reading stage in the state legislative assembly. The original provision only prohibited the removal of rock materials without lawful authority. "Where the original provision only prohibited the removal of rock materials without lawful authority, the amended section now also includes their extraction and transportation. This ensures that all stages of handling, from on-site removal to off-site transit, requires proper licensing," Awang Tengah, who is also the Second Minister for Natural Resources and Urban Development, said. He added that the law, if passed, will have a new subsection that introduces a legal presumption of guilt for anyone found in possession of rock materials. That, Awang Tengah said, makes enforcement more effective. He said after the amendments, courts would be required to order a person convicted of the illegal removal of rock materials to pay the government a sum of at least 10 times the royalty or payments due, with amounts recoverable as civil debt. Another key feature of the amendment is the introduction of a section which provides a formal mechanism for the registration of wakaf or religious endowment lands in the land registry. This amendment empowers individuals and Majlis Islam Sarawak to apply for such registrations and extends similar provisions to other religions that have equivalent concepts. Awang Tengah said the intent of the section "marks a progressive and inclusive step forward, reflecting Sarawak's commitment to safeguard the rich diversity of religious faiths within its multicultural society." Awang Tengah said that to strengthen the state's enforcement capabilities, Section 209 has to be amended so as to "provide enhanced penalties for the unlawful occupation, cultivation, and clearing of state land." Currently, the offence carries a penalty of up to RM500,000 in fines or a jail term of up to five years. The same penalty applies to offences involving land subdivision and development without proper approval. Under the proposed amendments, the fine could increase to RM3 million, with an additional daily penalty of RM5,000 for continuing offences. Awang Tengah said amendments to the Land Code involve 24 sections, along with the introduction of three new sections, covering key areas of land management and land administration, legal interpretations, enforcement mechanisms, and digital transformation. He said it was structured into four key categories, each addressing essential aspects of Sarawak's evolving governance framework. "These categories include changes in functions, procedures, and work processes; updates to definitions and policies; enhancements to enforcement and compliance measures; and the integration of technological advancements to modernize land management and land administration." The amendments, he added, also aim to streamline operations, simplify procedures, and standardise processes in alignment with digital service delivery initiatives aimed at supporting the Post Covid-19 Development Strategy 2030 (PCDS 2030) and the Sarawak Digital Economy Blueprint 2030. "The provisions introduced through this Bill are intended to strengthen Sarawak's land governance framework by updating current administrative practices and clearer policy direction.
