Sarawak native courts cannot be placed on par with Syariah Court due to constitutional limits

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By Shikin Louis

KUCHING, Jan 22: Native courts in Sarawak cannot be elevated to the same status as the Syariah Court because their authority is derived from State law rather than the Federal Constitution.

Sarawak Legislative Assembly Speaker Tan Sri Datuk Amar Mohamad Asfia Awang Nassar said that while there have been calls from certain quarters to place adat or native courts on equal footing with the Syariah judiciary, such efforts face constitutional limitations.

“The Syariah Court derives its powers and authority from the Federal Constitution, whereas the native court draws its authority from State law.

“In Sarawak, where there is no Sultan, the Yang di-Pertuan Agong is the Head of Islam, and Sarawak is able to establish its own Islamic institutions, including the Syariah Court, and to come up with the laws passed by the Dewan Undangan Negeri.

“At the moment, the status of the Syariah Court is on par with the civil courts because it derives its powers and authority from the Federal Constitution, while native courts are established through State ordinances and operate at the State level,” he told reporters after delivering his keynote address at the Opening of Syariah Legal Year Sarawak (OSLYS) 2026 held at Raia Hotel here today.

When asked whether native courts could be strengthened through State legislation, Asfia said this could be done but would not place them on the same footing as the Syariah Court.

“Historically, Sarawak had the Undang-Undang Mahkamah Melayu before the Syariah Court came into existence. The Syariah Court later came in under the Federal Constitution because the Head of Islam in Sarawak is the Yang di-Pertuan Agong.

“The native court, on the other hand, has jurisdiction over adat istiadat and land matters, but is not on par with the Syariah Court,” he added.

Earlier in his keynote address, Asfia said the development of the Syariah Court mirrors that of the civil courts, with structured levels such as the High Court and Court of Appeal.

He also said that while other communities may wish to see their customary courts placed on the same level as the Syariah Court, the Federal Constitution does not provide similar authority for the establishment of other adat courts beyond what is provided under State law.