PBDS urges Sarawak govt to withdraw ‘wakaf’ provisions in Land Code Bill

KUCHING (March 24): Parti Bansa Dayak Sarawak (PBDS) has called on the Sarawak government to withdraw provisions related to ‘wakaf’ (Islamic endowment system) proposed under the Land Code (Amendment) Bill 2025, citing concerns over its potential implications.

Its secretary-general Sanjan Daik said the Sarawak Land Code is a general law that applies to all citizens regardless of religion and race.

“Since the formation of Sarawak, the fundamental principle of land administration has been secular and neutral from religious influence.

“Therefore, introducing a religious concept such as ‘wakaf’ into a general land law represents a significant policy shift that should not be undertaken without thorough study and comprehensive consultation with all communities and religions in Sarawak,” he said in a statement.

He said PBDS is of the view that if the government intends to legislate on Islamic ‘wakaf’, such legislation should be enacted through a separate and specific law, rather than being incorporated into the Land Code, which is a public law applicable to all Sarawakians.

“We are also concerned that this provision may lead to jurisdictional conflicts between the civil courts and the Syariah courts in the future, particularly in land disputes involving non-Muslims.

“Such issues have previously caused numerous problems in Peninsular Malaysia, and PBDS maintains that Sarawak should not repeat the same mistakes,” he said.

He also called for comprehensive public consultation to be conducted before any major amendments are made to the Sarawak Land Code.

“PBDS emphasises that land issues in Sarawak are highly sensitive, particularly those involving Native Customary Rights (NCR), customs and the rights of local communities.

“Any amendments to the Land Code must be carried out with utmost care, transparency and respect for Sarawak’s multi-ethnic and multi-religious society,” he added.

On a separate issue, Sanjan raised concern over amendments under the Land Code (Amendment) Bill 2025 related to the transportation of stones without permits.

He said enforcement of such provisions should not unfairly penalise small lorry drivers or daily wage workers who are merely carrying out their duties and have no authority to verify quarry permits.

“The law should target those involved in illegal quarrying activities, not workers or drivers who are simply hired to transport materials,” he said.

He urged the state government to amend the relevant provisions to ensure that enforcement is directed at offenders rather than low-level workers.