PBDS voices concern over inclusion of wakaf in Sarawak Land Code

KUCHING (May 22): Parti Bansa Dayak Sarawak (PBDS) has expressed deep concern over any proposal to incorporate provisions related to ‘wakaf’ – the Islamic endowment system – into the Sarawak Land Code.

Its permanent chairman Dr John Brian Anthony said the introduction of wakaf into the Sarawak Land Code could create a dual land ownership framework that complicates land administration and weakens the clarity of property rights.

“This could have unintended consequences for development, inheritance, and dispute resolution—especially for mixed-religion or indigenous communities,” he said in a statement.

He was commenting on the Land Code (Amendment) Bill 2025, which was passed during the State Legislative Assembly (DUN) sitting on Tuesday.

Among the important provisions in the Bill includes the introduction of Section 171A, which formalises the registration of wakaf land in the Land Registry.

Deputy Premier Datuk Amar Awang Tengah Ali Hasan, who tabled the Bill, explained that the move empowers the Majlis Islam Sarawak and also extends to other religions with similar practices, reinforcing Sarawak’s inclusive approach to land rights and religious diversity.

In this regard, John Brian pointed out that while PBDS respects and recognises the importance of religious freedom, the party also emphasises the need to preserve Sarawak’s unique legal and cultural identity.

“Sarawak is a model of religious and cultural diversity. Introducing wakaf laws into civil land legislation risks upsetting this balance by creating perceptions of religious favouritism and state-sanctioned religious encroachment into secular legal systems,” he said.

“For Dayak and other native communities, land is not just an economic asset but it is tied to ancestry, tradition, and identity.

“The idea of a parallel land system based on religious principles raises serious alarm and may erode confidence in the impartiality of our land laws,” he added.

Moreover, he also stressed that Sarawak’s land laws are governed under its own jurisdiction as guaranteed by the Malaysia Agreement 1963.

“We reject any attempt – direct or indirect – to import religious land systems that may be influenced by federal institutions or ideologies not rooted in Sarawak’s legal traditions.”

As such, John Brian said the people of Sarawak, Muslims and non-Muslims alike, deserve to be fully consulted on any changes to land laws.

He reiterated that no major legal reform should be pushed through without transparent, inclusive engagement with stakeholders, civil society, and local communities.

“We call on the Sarawak government to halt any proposal to introduce wakaf laws into the Land Code until full public consultation is held and guarantees are given that Sarawak’s multicultural fabric and state autonomy will not be compromised,” he said.