P061 Preserving Indigenous Customary Law in Sabah

The Role of Native Courts in a Plural Legal System

Abstract

Indigenous customary law constitutes an integral component of Sabah's legal pluralism and embodies the cultural identity, traditions, and social values of its indigenous communities. Within this plural legal framework, the Native Courts function as a specialised institution entrusted with the administration and preservation of customary law through the adjudication of disputes involving indigenous customs and practices. Despite their continued legal recognition, the role of the Native Courts in safeguarding indigenous customary law faces increasing challenges arising from socio-economic transformation, modernization, legal uncertainty, jurisdictional limitations, and the growing interaction between customary and civil legal systems. These developments raise important questions regarding the effectiveness and future relevance of the Native Court system in preserving Sabah's indigenous legal heritage. This paper examines the role of Native Courts in preserving indigenous customary law in Sabah within the broader context of Malaysia's plural legal system. The study adopts a doctrinal legal research methodology involving the analysis of primary legal materials, including the Native Courts Enactment 1992, related subsidiary legislation, judicial decisions, and constitutional provisions, together with secondary sources such as academic writings, government reports, and policy documents. Through qualitative content analysis, the paper identifies the principal legal and institutional challenges affecting the administration of indigenous customary law and evaluates potential measures for strengthening the effectiveness of the Native Court system. The paper argues that Native Courts continue to play a significant role in preserving indigenous customary law and cultural heritage in Sabah. However, continuous legal and institutional reforms are necessary to enhance their consistency, capacity, and legitimacy within Malaysia's evolving plural legal order. The study contributes to ongoing discourse on indigenous justice, legal pluralism, and the preservation of local cultural heritage in Sabah.