The amendment to the Sarawak Land Code yesterday in the Legislature, to include section 171A shows that the Sarawak GPS government is not sensitive to the feelings of the multi religious, multicultural and multiracial society of Sarawak. The inclusion of section 171A to the Sarawak Land Code will empower the Majilis Islam Sarawak (MAIS) to deal with land that is a Wakaf.
GPS government should not impose supremacy of Islam and Malay race in the Land Code because this can cause suspicion amongst Sarawakians as on how the GPS government is treating people of different races, culture and religions in Sarawak.
Majlis Islam Sarawak (MAIS) established under the Majlis Islam Sarawak Ordinance 2001 is a very powerful body that can aid and advise the Yang Di Pertuan Agong on matters relating to the religion of Islam in the State.
It is a corporate body that can 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.
With Agong as the Head of Islam in Sarawak under the federal constitution and coupled with the fact that MAIS is deemed a Native under the Majlis Islam Sarawak Ordinance, the present amendment to the Sarawak Land Code, passed during the current sitting of the Dewan Undangan Negri, which sought to import the concept of “Wakaf or endowment” can create racial and religious tensions in Sarawak if there will be disputes involving native property, especially, native land in Sarawak.
We all accept that natives largely refers to the Dayaks people.
The amendment to the Sarawak Land Code in section 1771A(1) which reads, “Any person who has rights and interests on any land may lodge an application to declare such land as wakaf or endowment…” can create problems, if the claimant comes to make bogus claims on any land which he claims he has a right and interest, especially, if it’s over a native land.
At the moment, most native lands have no title and not surveyed and there bound to be dispute if there arises bogus claims of land to be Wakafs.
This is because there is 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.
When it is declared as a Wakaf land, who dares to question this especially, when Agong is the Head of Islam in the State? It becomes a religious matter or “matter relating to the religion of Islam.”
Therefore, the amendment to the Sarawak Land Code has breathe Islamic law and spirit of Islam into the Sarawak Land Code, which is contrary to desires of Sarawakians before Malaysia came into existence on 16 September, 1963.
Our people insisted that as a condition for the formation of Malaysia, Sarawak should be a secular state and there should not be any state religion for Sarawak.
To say that Sarawak has no state religion is therefore, obviously not correct because under the federal constitution, Agong is the Head of Islam throughout Malaysia. The federal constitution does not say that Sarawak is not part of Malaysia and neither the federal constitution mentioned that Islam as the religion of the federation is not extended to Sarawak.
VOON LEE SHAN
President,
Parti Bumi Kenyalang
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