Native Law

Definition Generally a native system of personal law applies only to a native person or community forming a part of part any native race.According to judicial interpretation the term ‘native’ is identified to be a native by descent and way of life.The Federal Constitution defines a native in Article 161 A, Clause (6&7) thus : (a) In relation to Sarawak, a person who is a citizen and either belongs to one of the races specified in clause (7) as indigenous to the State or is of mixed blood deriving exclusively from those races; and (b) In relation to Sabah, a person who is a citizen, is the child or grandchild of a person of a race indigenous to Sabah,and was born either (whether on or after Malaysia Day or not) either in Sabah or to a father domiciled in Sabah at the time of the birth. The races to be treated for the purpose of defining ‘natives’ in clause (6) as indeginious to SarawaAk are the Bukitans, Bisayahs, Dusuns, Sea Dayaks, Land Dayaks, Kadayans, Kalabits, Kayans, kenyahs (including Sabups and Sipengs), Kajangs (including Sekapans, Kejamans, Lahanans, Punans, Tanjongs and Kanowits), Lugats, Lisums, Malays, Melanos, Muruts, Penans, Sians,Tagals,Tabuns and Ukits.

The races listed are also the same ones define as indigenous under the Schedule to the Sarawak Interpretation Ordinance (Cap. 1) (Revised Laws of Sarawak 1958). In Sabah, section 3 of the Interpretation (Definition of Native ) Ordinance 1952 as amended in 1958 defines a native as :

(a) Any person both of whose parents are or were members of a people indigenous to colony; or (b) Any person ordinarily resident in the Colony and being and living as a members of a native community, one at least of whose parents or ancestors is or was a native with in the meaning of paragraph (a) hereof; or (c) Any person who is ordinarily resident in the Colony, is a member of the Suluk, Kagayan, Simonol, Sibutu, or Ubian people or