Sabah legislative assembly approves Muslim Succession Bill 2026 and Native Courts Bill 2026 to reform Syariah and customary law systems.
KOTA KINABALU: The Sabah Legislative Assembly today passed the Muslim Succession Bill 2026 and the Native Courts Bill 2026.
Both Bills were tabled by Sabah Local Government and Housing Minister Datuk Dr Mohd Arifin Arif, who is also responsible for the state’s Islamic Affairs portfolio.
The Muslim Succession Bill 2026 was passed after being debated by five assemblymen before state assembly speaker Datuk Seri M Kadzim Yahya, while the Native Courts Bill 2026 was passed before deputy speaker Datuk Richard Wong We Kong following debate by 12 assemblymen.
Mohd Arifin, when tabling the Muslim Succession Bill 2026, said it seeks to establish a more systematic, clear and effective framework based on four key considerations.
“These include the need to introduce a more systematic legal framework governing the inheritance of Muslims, and to safeguard the rights and interests of all heirs and other parties with an interest in an estate,” he said.
“It also seeks to streamline the administration of deceased estates in accordance with syariah principles, and strengthen compliance and enforcement to ensure that estate assets are not misused, concealed, disposed of or administered without proper authorisation,” he said.
Mohd Arifin said the Bill is the first legislation in Malaysia specifically governing the administration of Muslim estates under the jurisdiction and powers of the Syariah Courts.
On the Native Courts Bill 2026, Mohd Arifin said the proposed new enactment would replace the existing law to provide a more comprehensive, structured and responsive legal framework in line with developments in the judicial system and the aspirations of Sabah’s natives.
He said the existing enactment has been in force since 1992, and after more than three decades, comprehensive reforms are needed to ensure the customary justice system meets present-day needs without losing the roots, identity and uniqueness of Sabah’s native customs.
He said the Bill will streamline the hierarchy of the Native Courts through the establishment of the Native District Court, Native High Court and Native Court of Appeal.
“From the judicial appointments perspective, the Bill introduces a Native Judicial Appointments Advisory Committee to provide assessments and recommendations for appointments based on transparency, merit, qualifications, experience, knowledge of customary law and integrity.
“The appointment of judges will no longer be based solely on administrative positions, but on their actual capability to discharge judicial responsibilities,” he said.
