ADAT BIDAYUH 1994 PDF

Its Bidayuh section head Bati Juram said in view of this, the council was conducting workshops in Lundu, Bau, Kuching and Serian districts to receive feedback and inputs from the community. He explained that this was necessary in view of urbanisation in Bidayuh areas and modernisation that may diminish the law and culture of the community. Some 93 Bidayuh community leaders, comprising Pemanca, Penghulu and village chiefs from Siburan and Padawan areas, participated in the four-day workshop which ended yesterday. The moderators of the workshop were officers from Mais; namely Bati, Philip Tonis, Suimi Kinseng and Midil Dimang, who touched on the different laws of the community. He added that similar workshops had been held in Lundu, Bau and Kuching, and the next one would be in Serian.

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Reference is also made to A. The first draft was examined and discussed by the Drafting Committee; the second. At both levels of examination and discussion the concept of the adat for the Bidayuh people was identified and translated into standard terminologies which are not only acceptable to the Bidayuh throughout Sarawak but also suitable for administrative and legislative purposes. Many of the adat compiled by AJ. N Richards were re-written to ensure that established adatomitted by him were included in the present volume.

Where some aspects of the adat differ in minute details among the four main Bidayuh groups, these were standardised in this codification,. The primary function of the adat in the Bidayuh society is to maintain a harmonious relationship among members of the community and to preserve the physical and spiritual well-being of the kupuo.

Proper conduct in accordance with the adat is believed to maintain the community in a state of balance or ritual well-being with the gods and spirits. Any breach of the customs may threaten individual relationship and the spiritual well-being of the community, such as the health and material prosperity of the people.

Therefore, remedial action must be taken immediately by offering ritual propitiation. In order to preserve a cohesive community life and maintain the continuing state of spiritual well-being in terms of health- and material prosperity of the people, the adat must be strictly adhered to. Whoever deals with the Adat Bidayuh must be mindful of the aforesaid Ordinances as well as other existing written laws.

The various sections of the Adat Bidayuh have been arranged in a proper sequence for ease of reference. Chapter I contains the definitions of words and expressions used in the main body of the Adat Bidayuh. Terminologies from the different groups of Bidayuh have been collected and identified. However, oBly the appropriate terminologies are used in the main text, and the others are placed within brackets in the appropriate place in Chapter I with indication of the dialectal areas in which these words or terminologies are used.

Chapter II deals with customs relating to construction of a new longhouse or kupuo and rules of social behaviour which is closely regulated by the adat for both members of the longhouse and visitors. The Bidayuh pay great respect to their adat and they expect other races when visiting them to respect the same. Rules of social behaviour must be strictly adhered to by both members and visitors.

Any breach of the adat must be corrected immediately to avert divine displeasure. Whenever there is a breach of farming rites, immediate propitiation measures must be taken to appease the spirits in order to ensure the well-being of the crops. Chapter IV deals with customs relating to matrimonial or sexual matters. The adat spells out the concept of mowah, its meaning and purpose.

Marriage between persons within the prohibited degrees of relationship, and incest or gross indecency are serious offences affecting the Bidayuh community. People who commit incest are prohibited from marrying each other.

Incest is an offence punishable with secular fine, takud and prosis for a ritual cleansing. Marriage between persons within certain prohibited degrees of relationship is permitted only after undergoing the ritual of nai raban. When a marriage is solemnised under the Adat Bidayuh, the Penghulu, upon request from the couple. These Testimonials are only proofs of marriage and divorce respectively.

Ground for divorce and provisions for child maintenance have been revised and updated to meet the trend of modem social development. Apart from the Adat Bidayuh, an application for maintenance can also be made in the civil court under the Married Women and Children Maintenance Act, Act However, it is to be remembered that a person can only seek maintenance in the civil court if the same subject matter has not been dealt with by the Native Court.

Ordinance No. Any marriage solemnized under the Bidayuh custom may be registered under this Ordinance. Chapter V deals with customs relating to property: classification of property such as inherited. Chapter VI deals with customs relating to death.

According to the customs of the Bidayuh, the dead shall be buried at a recognized cemetery. This is to prevent indiscriminate burial. Chapter VII deals with adoption of a child below the age of eighteen years. Under the Bidayuh custom, an adopted child has the same position. After an adoption. The Adoption Testimonial is only proof of an adoption.

In the event that the adoption is annulled. A customary adoption may be registered in accordance with the rovisions of the Adoption Ordinance Cap. However, once the adoption has ir been registered, it can only be annulled by the order of the High Court.

Chapter VIII contains a general provrsion to deal with other Bidayuh customs recognized by the community but may not be expressly mentioned in the Adat Bidayuh Therefore, cues involving such customs can still be initiated in any Native Court by an interested party and the court may impose such penalty or award compensation as it may consider reasonable in the circumstances. Under the Adat Bidayuh, it is important to distinguish between offences against the rules of social behavior and breaches ainst customs and taboos.

With the power given under the Native Courts Ordinance, to the Native Courts to impose punishment including prison sentence for cri inal offences, it is now possible to make a distinction between offences against the rules of social behavior and breaches against customs and tab os. Any breach against customs and taboos shall be subject to takud or restitution, and provision shall be I buah.

In the conleXt of Adat Bidayuh, takud means a form of restitution. Restitution contains two essential ingredients of takud.

First, the ingredient of settlement or restoration provided by the offender to the injured party in terms of buah to estore the 'balance' between two individuals.

Second, the ingredient of appeasement or at nement provided by the offender to the injured party or the community in terms of prosu to preserve the physical and spiritual well-being of the community.

Tbere is no element of punishment in takud. Example A shooting accident during a hunting expedition is a criminal offence under the Penal Code. The offender shall be tried by the criminal court, and if found guilty shall be fined. However, according to the adat, immediately after the accident, he is required to provide takud to the family of the deceased in term of prosis consisting of kati belima see section 96 of the Adat Bidayuh.

Under the Adat, the practice of providing prosis immediately after the event is not an admission of guilt on the part of the person concerned. One kati shall be equivalent to RMl. The past practice of getting a cut from fines by the Piayuh Kupuo and the Ketua Masyarakat shall cease forthwith, because at present, the Piayuh Kupuo and the Ketua Masyarakat are respectively receiving honorari s allowance and a proper salary scheme of service.

Section 19 b of the Native Courts Ordinance, , empowers a Native Court to direct payment of penalty or such part thereof to the aggrieved party. All secular fines shall be paid to the Government All takud shall go to the aggrieved party and prosis to the community, unless otherwise stated.

With regards to enforcement of fines, sections 17 1 and 18 1 of the Native Courts Ordinance, empowers a Native Court to order payment of penalty or compensation and in default, to commit the offender to imprisonment.

However, if t8e person presiding in a Native Court is not a Magistrate, and the offender refuses to pay any penalty imposed by such court, section 18 2 provides that- the person presiding in that Native Court shall report the matter to a Magistril'te who shall have the power to enforce the decision of the said Native Court.

Section 28 b of the Native Courts Ordinance, states that the Native Court has no jurisdiction to try a case which is an offence under the Penal Code. It is an established law that whenever any act or omission constitutes an offence under two or more Otten laws, the offender shall be liable to prosecution and punishment under one of any such laws, but shall not be liable to prosecution and punishment under another law for the same offence. Where an offence falls within the ambit of the Penal Code or other written laws, the matter shall be dealt with by the relevant criminal or civil court However, where the offence required a ritual propitiation, such as ptosis; the offender shall immediately provide for it, irrespective of whether he is convicted or acquitted of such an offence by the criminal court.

The rationale behind it is that, if during the period of the court proceedings or delay in such proceedings, someone in the community suddenly falls sick or die, the offender shall be liable, under the adat, to additional takud and prosis. If a complainant reports a case to the police or commences any proceeding before a civil or criminal court, the Native Court shall not deal with the case. This is to avoid duplication of action and to ensure that no person shall be punished twice under different laws for the same offence or breach of the adat.

Mo, P. XUX 26th May, No. AutbariIed 3. Duty of Piayuh Kupuo to swnmon his onak buah to meeting. Breaching a promise to join bOlang romin buruh pudo'. Failing to erect the posts buruh pudo'.

Disturbing the site for bolang romin pinyabul. PuUiDg down posts pirubuh. Failing to CODStruct roof buruh pudo'. Causing obstruction to bolang romin ngampung nasip. Compensation for fruit trees. Taking porang piroka fran another person's land. Removing of roof ridge. Sectioll IS. Vacating a romin. Driving away any member of the bolang romin. VacaliDg a detached. E'Dteting anotber person's romin or bori piluwa'. Using another person's bomebold property pingabah.

Failing to participate in a kiroja lirukum. Gi,ruga-girogo anotber person's romin I' bori. Setting fisbing apparatus in a river already reserved lUUIdung. Damaging anotber person's fish pond biurah. Taking anotber person's dooleslic animal. Injuring another person's domestic animals ngirana. Mtuing bataIlg. Using 8DOtber penoI1's vande or widlout permiaakJn ngirapuh.

Pluctmg fruits in dle vicinity of aDOtber penoa's romin or bon buruh panun.

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