KUCHING, Dec 1 2025: Majlis Adat Istiadat Sarawak (MAIS) may apply Artificial Intelligence (AI) as it explores new methods to assist in its research and writing of Adat, Minister in the Premier’s Department (Native Laws and Customs) John Sikie Tayai said.
John Sikie Tayai: Majlis Adat Istiadat Sarawak has embarked on the modernisation of Adat since 2022
He said the responsibility of MAIS to shoulder in research and writing in convention form is getting heavier due to the increase in the number of native races.
He said MAIS has embarked on the modernisation of Adat since the end of 2022, saying that this is a very academic exercise focusing on, among other things, reinterpretation, enhancement, and making
new provisions for the Adat.
“The reinterpretation of Adat is to examine the purpose and rationale underlying a traditional Adat from a different perspective, for example, an Adat that is intertwining with traditional spirituality,” he said in his winding speech at the Sarawak State Legislative (SLA) today.
“This is to explore the ideal to be achieved in a community or society through the application of the Adat.
“Once the rationale is understood, then an alternative provision with secular dimensions would be recommended,” he said.
He added that the reinterpretation would not abolish the traditional Adat but provide an alternative secular provision.
In this manner, he said the Adat could exist side by side and cater for the needs of natives in a diverse social situation in a community.
He added the enhancement of Adat is to improve or mitigate the harshness or negative impact of Adat, saying that some Adat could cause mental or psychological distress to one or both parties or to the children, for example, in divorce cases.
He explained that it is quite common that the Adat allows for split custody of children,that is dividing children equally between the parents following their divorce.
“This Adat could cause mental or psychological distress to parents and children. In some cases, the Adat is almost impossible to enforce.
“To mitigate the harshness of such Adat, MAIS suggests that one of the parents should be awarded legal custody of all the children while the other would get access and visitation rights over the children.
“The parent who does not get legal custody would provide maintenance to the children. In cases where the children are teenagers and understand the situation, the court may ask which parent they want to live with,” he said.
Sikie also said MAIS is exploring the possibilities of recommending new provisions to fill the gaps in the Adat.
He cited as an example where the Adat is silent on certain important matters, new provisions would be recommended to clarify the silence in the Adat.
He said the new provision is to fill the lacuna (gap) or to clarify the silence in an Adat, pointing out that many of the Adat were formulated and evolved many centuries ago and catered for the social relations and affairs of the native communities during those times.
“Today they are not quite comprehensive for the regulation of some important social relations and affairs of the modern native communities.
“Thus, there are many gaps or lacuna in the Adat,” he said, for example, there is no clear Adat in the Iban communities regulating the distribution of property between the old longhouse and new
longhouses built by the people originating from the old longhouse and situated in the same locality.
“Similarly, there is no clear Adat stating whether those ‘natives’ conferred under section 3 of the Interpretation Ordinance, 2005 are subject to the Adat of the native race which he or she claims to belong to.
No comments:
Post a Comment