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Customary Law Essay

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Native law is a personal law that applicable for the native in Sabah and Sarawak. In Sabah and Sarawak, native customary laws apply in land dealings over native customary lands and family matters.
There are two natives’ law which is Dusun customary law and Iban customary law. Under Dusun customary law, there are two types of division property which is ancestral property (or pusaka) and acquired property. The property that inherited from ancestors are called ancestral property and only can inherited by blood relatives. Acquired property means that the property acquires before marriage and acquired jointly during marriage. Share of acquired property can passed on to relatives by marriage. When the property is inherited, it is become ancestral property. The property acquired before marriage always remains in the family and never pass from husband to wife or vice versa. When there is no children in marriage, the husband’s or wife’s property will pass on to his or her nearest relation.
Regarding the inheritance under Iban customary laws, it is based on the membership of the bilik. The term “bilik” is a Malay word for “room” which refers to a family apartment in the Iban long-house. An individual has full and equal rights of inheritance as long as a person remains …show more content…

Customary law also defined as a regular pattern of social behavior that has been accepted by the bulk of society. (Slide share) Chinese customary law brought to Malaysia by Chinese settlers. Chinese customary law are mainly apply in the areas of personal law, such as marriage and family law. Chinese customary law covered the issue of divorce, adoption and charitable trusts. (Law, Institutions and Malaysian Economic Development, 2010) There are several matters which the courts were to resolve, for example the matters that concerning the position of first and second wives, adoption and division of property

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