Kota Kinabalu: There is a need for native women, particularly non-Muslims, to be aware of their rights pertaining to the family as prescribed under Sabah's native customary laws.
State Community Development and Consumer Affairs Minister, Datuk Azizah Mohd Dun, said it is imperative that they acquire such knowledge so that they would know which authority to refer their problems to.
"Muslim women nowadays are well aware of their rights under the family law and they would refer any matters related to marriages and property distribution to the Syariah Court.
"But many non-Muslim women are unaware of their rights provided for under the native customary laws. In fact many do not understand the important provisions as well. Consequently, they do not know where to go when facing family-related problems," she said at the opening of a Family Law Seminar on Native and Customary Laws, Tuesday.
The Legal Committee under the Sabah Women's Advisory Council (MPWS) organised the seminar to create and enhance awareness as well as disseminate legal information on family matters under native customary laws to the participants.
Another objective was to provide a platform to discuss the strengths and weaknesses of the Native Court system, including comparing conflicting issues in native laws vis-a-vis Syariah and Civil Courts.
By being aware of their legal rights, Azizah said native women regardless of their religious beliefs can be proactive and would not feel hesitant to take action if necessary.
"The native customary law is a unique legal system as it has long existed and been practised by the native people of Sabah.
The most apparent topic that often gives rise to problems is the issue of polygamous marriage which brings into question the issuance of birth certificates for the children, the status of the children born from such marriages and beneficiaries for family properties, she explained.
"Also, I note that the women are often the victims of discrimination in the Native Court when it comes to distribution of income and family properties as the men and nearest male kin would normally receive the bigger portion compared to the women," Azizah said.
She hoped that the 200 participants of the seminar comprising lawyers, native chiefs, district chiefs, marriage registrar, syarie judges, women NGOs and government departments would have a better understanding of the issues which arise when handling such problems.
Daily Express
Sabah
11/12/08
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