Interference in Native Customary Marriages

Under the Federal Constitution, the state government of Sabah has been given full powers over native laws and customs through List IIA of the Ninth Schedule. Native laws are implemented through the Natives Court system since the days of the North Borneo Company.

Under the Natives Court Enactment 1992, the Natives Court have full jurisdiction over matters of marriage and divorce contracted under native customs. Even the Law Reform (Marriage & Divorce) Act 1976, says through Section 3 (4) that this Act shall not apply to the natives of Sabah and Sarawak whose marriage and divorce are contracted according to native custom, unless they choose to be married under this law.

However, North Borneo Herald has been told that lately all marriages that are to be solemnized according to natives custom need to be referred to the Registrar of Marriages first! The question we should ask is why?
What authority has the Registrar of Marriages have to request a native marriage to be referred to it? The Registrar of Marriage through the Law Reform Act has no jurisdiction over native customary marriages solemnized in Sabah.

This is clearly an example of the Federal-appointed Registrar of Marriages overstepping the boundaries of its jurisdiction.
Even the Federal Constitution, the supreme law of this land has given the Natives Court authority over native marriages.

Now, if the Registrar of Marriages had in any way attempted to meddle in the affairs of Syariah laws, there would have been demonstrations and various angry responses from Muslim politicians. But here the Registrar of Marriages is meddling in native affairs and yet our native politicians and masses are keeping quiet.

It is high time that Kadazandusun and Murut politicians speak up over this unnecessary interference in native non-Muslim affairs by the Registrar of Marriages and the National Registration Department (NRD). The Registrar and the NRD have no say whatsoever in native affairs. The Native Chief shall have full authority to endorse a marriage solemnized according to native custom.

The Registrar of Births and Deaths too have no authority not to recognize a marriage contracted under native law, as in some cases where they refuse to issue a proper birth certificate because a marriage is contracted under native law. This is blunt provocation and an attempt to belittle native traditions.

For those of you who are forced to go to the Registrar of Marriage before registering a marriage according to native custom, do refuse to do so. You have every right to refuse, as the law clearly says so.

In fact if any one partner in a marriage is a Kadazandusun or Murut, the marriage can be contracted under native laws regardless of the religion of the marrying persons. This is because the jurisdiction of native courts are based on ethnicity and not religion!