ADAT BIDAYUH 1994

GENERAL EXPLANATION

INTRODUCTION

1. This codified version of Adat Bidayuh is based on research carried out by the Majlls Adat Istiadat Sarawak. Reference is also made to A.J.N. Richard's compilation of Dayak Adat Law in the First Division (Adat Bidayuh) (Government Printer, 1964).

2. Two earlier drafts of the Adat Bidayuh were thoroughly examined and discussed by the Adat Bidayuh Drafting Committee and the Ketua­Ketua Masyarakat of the Bidayuh Communities of the Bau, Lundu, Kuching and Serian Districts. The first draft was examined and discussed by the Drafting Committee; the second.draft was thoroughly examined, discussed and approved by the Ketua-Ketua Masyarakat of the Bidayuh Communities at the Adat Bidayub Seminar held in Kuching from 18th to 22nd February, 1992. 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,

FUNCTION OF TIlE ADAT

3. 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.

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ADMINISTRAn ON OF ADAT DIDAYUH

4. The Adat Bidayuh is governed by the Native Couns Ordinance, 1.992 (Ord. 9/92), and the Native Customary Laws Ordinance, 1955 (Cap. 51). 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.

5. 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.

6. 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.

7. Chapter ill deals with customs relating to infringements of farm­ing rites including the various prohibitions and taboos, stages of farming activities and rules pertaining to farm work groups. 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.

8. Chapter IV deals with customs relating to matrimonial or sexual matters. The custom of mowah is retained because it is a good way of establishing a relationship between the males and females of marriage­able age in the longhouse or kupuo. The adat spells out the concept of mowah, its meaning and purpose.

9. 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.

10. The Law Reform (Marriage and Divorce) Act, 1976 (Act 164) does not prohibit the natives of Sarawak from marrying according to their

.,,--8-

64) ir

iii

respective Native Customary Laws or Adat (see section 3(4) of the said Act). Therefore. the Bidayub in Sarawak has the choice of either marrying in accordance with the said Act or under the Adat Bidayuh. When a marriage is solemnised under the Adat Bidayuh, the Penghulu, upon request from the couple. shall issue a Marriage Testimonial (Form A). In the event of divorce, a Divorce ~ stimonial (Form B) shall be issued. 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.

11. 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, 1950 (Act 263). 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.

12. The Bidayuh community should take full advantage of the Registration of Marriage Ordinance, 1952 (F.M. Ordinance No. 53 of 1952) which was extended to Sarawak on 1st March, 1982. Any marriage solemnized under the Bidayuh custom may be registered under this Ordinance. except when one of the partners at the time of the marriage is a Christian or a Muslim.

13. Chapter V deals with customs relating to property: classification of property such as inherited. acquired. movable and immovable; individual rights to property; and methods of distribution.

14. Chapter VI deals with customs relating to death. burial and miscellaneous restrictions 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. It also allows for proper community main­tenance of the cemetery and effective enforcement of rules regarding offences against community cemetery.

15. 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. privileges -and rights of inheritance as a natural child. After an adoption. the Penghulu shall issue an Adoption Testimonial (Form C). The Adoption Testimonial is only proof of an adoption. In the event that the adoption is annulled. the Penghulu who annulled the adoption shall issue an Annulment Testimonial (Form D).

16. A customary adoption may be registered in accordance with the rovisions of the Adoption Ordinance (Cap. 91) and the Bidayuh are advised

to take advantage of these provisions. However, once the adoption has been registered, it can only be annulled by the order of the High Court.

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17. 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 1994. 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.

CONCEPT OF FINE AND TAKUD

18. 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, 1992 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.

19. 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).

20. 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. It is a gesture of goodwill to maintain the harmonious relation­ship among the members of the community, the spiritual well-being such as the health of the people and the material prosperity of the whole community.

21. Any offence against the rules of social behaviour such as divorce and adultery shall be subject to secular fines, and payment shall be specified in three units of measurement: kati, 112 a pikul or one pikul,

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as the case may be. One kati shall be equivalent to RMl.00 (One Malaysian ringgit) and one pikul hall be RMl00.00 (One hundred Malaysian ringgit). There shall be three uni of measurement as follows:

10 lads = ten Malaysian ringgit (RMI0.00)

112 a pikul = fifty Malaysian ringgit (RM50.00)

1 piJcul = one hundred Malaysian ringgit (RM100.(0)

APPORTIONMENT F FINES

22. 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.

23. Section 19(b) of the Native Courts Ordinance, 1992, 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.

ENFORCEMENT OF FINES

24. With regards to enforcement of fines, sections 17(1) and 18(1) of the Native Courts Ordinance, 1992 empowers a Native Court to order payment of penalty or compensation and in default, to commit the offender to imprisonment. e court may order that the amount of such penalty or compensation may be levied by the sale of any property belonging to the person who is penalised or ordered to pay compensation. 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.

OFFENCES AGAINST CUSTOMS COVERED BY OTHER W N WS

25. Section 28(b) of the Native Courts Ordinance, 1992 states that the Native Court has no jurisdiction to try a case which is an offence under the Penal Code.

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26. 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.

27. 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.

28. 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.

TAN SRI DAlUK GERUSIN LEMBAT, P.S.Mo, P.N.B.S. , P.B.6.,

Ketua Majlis Adat Istiadat Sarawak; Jabatan Ketua Menteri,

Kuching, Sarawak

Our Ref: 2IMAIlCONIF16 26th May, 1994

THE

SA AK OVERNMENT GAZETTE PART II

Published· by Authority

Vo . XUX 26th May, 1994 No. 11

Swk. LoN. 27

TIlE NATIVE CUSTOMARY LAWS ORDINANCE

TIm ADAT BIDAYUH 01u>BR, 1994­

(Made under sections 3 and 5)

WHEREAS the Yaugdi-Pertua Nege:ri in Council is satisfied. after having consulted the Chiefs and Headmen of the Bidayuh communities in the Administrative Areas known as Kucbing, Bau, Londo and sedan Districts of Sarawak, that a general consensus of opinion ofthe Bidayuh communities in these areas favour a revision and an amendment to the Bidayuh native customary law and to make it applicable to all Bidayuh resident in the State of Sarawak:

Now, nmREFORE, the Yang di-Pertua Negeri in Council, in exercise of the powers conferred by sections 3 and 5 of the Native ' -Customary Laws Ordinance, has made the Cap. 51. following Order: (l95B Ed).

1. This Order may be cited as the Adat Bklayuh Citation aod

Order, 1994, and shall come into force on the 1st day eommeDCe­

of June, 1994. UleDI.

2. For the purpose of this Order, the term "Bidayuh" MeaIIiDa of means the native of Sarawak referred to as Land Dayak in ~>t. the Schedule to the Interpretation Ordinance. (l95B U).

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36

AutbariIed venie. « Adat Bidayuh.

0rtI. No. W112.

~-::111 odl« priDtu 10 ~

=-~ Bidayuh.

3.-(I) That version of the Adat Bidayuh prepared in English which is set out in the Schedule has been agreed to by the Chiefs and Headmen of the Bidayuh communities in the Kuching, Ban, Lundu and Sedan Districts of Sarawak and approved by the Yang di-Pertua Negeri in Counci l.

(2) It is hereby declared that the Adat B yuh refmed to in paragraph (1) shall be the autbOOsed version of the native customary law for all Bidayuh resident in the of Sa wak (hereinafter refmed to as "the au version") aDd for an sUch persons, cases and suits to which, in accordance with the Native Courts QrdinanrA\ 1992. or by virtue of anyother wrlaa1 law, it may lawfully be appUed.

4. The Majlls Adallstiadat Sarawakis hereby authoriled to prepare and pubUsb the translation of the authorised English version of the Adat Bidayuh in Bidayuh dialects or in Babua Malaysia (beteinaft« referred to as "the autbodsed 1J'IDS1adon") IDd such authorised translation may also be used IDd referred to:

Ptovided that, in the case of any coDfUct between the authorised translation IDd the authorised English version of the Adat Bidayuh, the latter sball prevail.

· 5.~1 ) The Government Printel or any other printer may, with the approval of the State Secretary, print IDd offer for sale to the geueral public copies of the authorised version and the authorised uanslaUon of the Adat Bidayuh, IDd such copies shall be deemed to be authentic copies of the native customary laws of the Bidayuh communities in Slrawak.

(2) Copies of the autbodsed venion and the autborlsed translation of the Adat Bidayuh shall be distributed among such persons, offices, institutions. and public bodies as the State Secretary may direct

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SCHEDULE

(Article 3)

ADAT BIDAYUH, 1994

(Authorised English Version)

ARRANGEMENT OF SECTIONS

CHAPTER I

Section

1. Definitions.

CHAPIER n

CusToMs RELA'I1NG TO HOUSE O>NmtUCllON

(Maners lor tne Headman's Coun)

2. Duty of Piayuh Kupuo to swnmon his onak buah to meeting.

3. Breaching a promise to join bOlang romin (buruh pudo').

4. Failing to erect the posts (buruh pudo').

S. Disturbing the site for bolang romin (pinyabul).

6. Discurbing 8DOthel' person's porang piroka (pingasuo).

7. PuUiDg down posts (pirubuh).

8. Failing to CODStruct roof (buruh pudo').

9. Rimbang-Badag.

10. Causing obstruction to bolang romin (ngampung nasip).

11. Compensation for fruit trees.

12. Taking porang piroka fran another person's land.

CusToMs RELA'I1NG TO MoVJNG HousE

(Maners lor tne Chiefs Court)

13. Removing of roof ridge.

14. -(1) PuUiDg down one's romin (ngupong untangan).

(2) Adjoining romin under taboo.

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38

Sectioll

IS. Vacating a romin.

16. Driving away any member of the bolang romin.

17. VacaliDg a detached

CusToMs RmAmro TO I..MNo IN mE KUFUO

(Maners /Or the Headman's Court)

18. E'Dteting anotber person's romin or bori (piluwa').

19. Collecting persooal belonging from anotber petSOIl'S romin (I' bon (pingabah).

20. Using another person's bomebold property (pingabah).

21. Failing to participate in a kiroja lirukum.

22. Gi,ruga-girogo anotber person's romin (I' bori.

23. Damaging abe wall and otber household property of another person (biurah).

24. Destroying another person's fence (pingasuo).

25. Setting fisbing apparatus in a river already reserved (lUUIdung).

26. Damaging anotber person's fish pond (biurah).

27. Sibarang sun fish from anod1a' peI'S<lIl'S fish pond.

28. -(I) Lifting aootber penon's fish trap.

(2) Sibarang SUII another person's fish trap.

(3) Sibarang SUII fish from another person's fish trap.

29. -(1) Disturbing aootber person's trap.

(2) Taking animal or bird from another person's trap.

30. -(1) Taking vegetables from another person' s padi farm.

(2) Taking another person's cash crops without .peamission.

(3) Taking vegetables from another persoe's garden.

31. Taking anotber person's dooleslic animal.

32 Domestic anima1s must be kept in an enclosure.

33. Injuring another person's domestic animals (ngirana).

39

~ction

34. KiJUng IDOIbet penoI1'S cklnesdc animals.

35. -(1) P1Iadeu, pad tiboyan (pillgQSU1fl).

(2) Someone gets burt is a result of pi1adeog (piD1Ibat deyat).

36. PiauaD 8DOIbeI' penoI1'S fruit tree (pinglUlllJg).

37. Mtuing bataIlg.

38. Using 8DOtber penoI1's vande or widlout permiaakJn (ngirapuh).

39. InteIt'aiDI willl or destroyin, anotbet penoI1'S pabmb (pillgabah).

40. -(1) Nyotu.

(2) Nyotu by noo-Bidayuh.

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

42. Hanging cursed sign OIl a fruit tree.

43. ClimbiDg or claiming 8DOther penon's fruit tree (pingaku).

44. Felling anodler person's fruit tree (pingQSU1fl).

45. PalliD, wbile jikoh jojak.

46. -(1) Tapang tree.

(2) Nyopuh anotber person's tapang tree wkhout pennissioa.

(3) Felling another person's IapBDg tree (pingQSIIIJg).

47. Refusing to act as messenger (pingabah).

48. Ng;;agut. 49. Breaching a promise to produce goods offered for sale

(buruh pudo').

SO. BreadJing a promise (buruh pudo'),

51. Giving birth in another person's romin or bon (pinyamar).

SJ,. -(1) Circumcision.

(2) Refusing to be circumcised.

S«tioft

S3. -{I) TtMk.

(2) be

S4.

) lDciting a dog (pintaJraA: deya').

(2) A dog bites witbout hemg incited or provoked (pintahak. deya').

S6. l)mnagJng siruboA: (pillgasll1lg).

57. Disturbing offering on d1e proposed site for the botang romill (pingasuo).

58. Obsttucting public road or foocpam (ngampung nasip).

59. Causing tire to cause damage (paras).

60. SlasbiDg tbe post or pulling down tbe otag of another person's rom (X' bori (ngirana and ngirayll1l).

61. Discharging a fireann witbin the kupuo.

62. Felling a tree near 8DOfhet person's rom or bori (rungkal).

63. Throwing down ashes (pingirasQT semar).

64. Disturbing or taking commUDal ritual items.

65. Desttoying ritual items used during gawia (pinyabul).

66. Taking sacrificial offering of another persm (pinyabul).

67. Defiling sacrificial offering of another persm (pinyabul).

68 . Violadng any restriction.

69. Bisupah-bipangu.

70. Cursing (mangu).

71. Habitually bikaii.

72. -{l) Quarrelling with family members.

(2) Quarrelling wi1b members of anotba' rom.

(3) Quarrelling wi1b members of anotbez kupuo.

(4) Quarrelling involving Piayuh Kupuo or Ketua Masyarakat.

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Section

73. QuanelUng in 8DOCbcr penoa's romin or bon. 74. QuarreDiDa during gawia (billrah).

7S. Disrupdna a gawia (b;"rah).

76. RlIua1 SlOpped due to a quarrel (biurab).

n. -(I) Sikakan, kilMor, or rupos OIl aDOtbec penoa's awah or taltju (pintahak deya').

(2) Caning die owoer.

78. CausiDa a disturbaDce wbile biringb (biurah).

79. CbalJengjna 8DOIbet penm (notang).

BO. SiaiDg down with the parong still girded (biurah).

81. Ngaab while passing 8DOtiM2' person's romin or bon. 82. NgiroNl4u while passing through a kupuo (gagar).

83. Tutokng nuak.

84. Odi biurah.

. 8S. -(I) Gap Ngangam another person.

(2) NgawaA: another person.

86. Striking lUlOtber person (pinlahak deya').

87. Fighting (biurah).

88. Punching another person.

89. Causing shame to another person (buruh kaya').

90. Smearing another person's reputation (buruh kaya').

91. Lying (buruh kaya').

92. Spreading rumours ,

93. Insinuation (ngirasah).

94. Nguja-ngutoi (pingkaya').

MIsCEILANEOUS

(Matters for other courts)

95. Causing fire which damages a botang romin.

96. Causing death (kati belima).

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CHAPIER m

(Matte" for 1M H,tIttiItftm', Co",,)

97. DiIaIrbID, or iDtaferiDa willa IDOk perIOD'l piIIgawah (piI&gtJlllO).

98. Ro-adjuadDg • (tlllrJug).

99. -{I) Clear IJI8Ce willa ODe'S Ddgbbour's fanniDg IaDd.

(2) Ora totmJ (tmtjug).

(3) Clear SJl8CC between ODe'S padir.maodthepulau'" 'aan.

100. Clear 8pIOe of baIf a dDpII1t Deal' the bouDdary with ODe'S

Ddgbbour.

101. -{I) ae.ma aDd feDiD; 8DOtber penoo's IaDd.

(2) FailiDg to iDfmm !be owner.

102. -{I) UsiDg IDClCIapenoo's farming 1aDd witbout permissioo.

(2) Using aDOCbea' persoo:s !aDd for.p1aDdDg pmnanmtaops.

.103. Claiming penoo's !aDd (pillgaku).

104. Assistance fD an injured persoo during pmgiris-biTumid.

lOS. FailiDg to raptU pingiris (bunth pudo').

106. -{I) OrOll omuh.

(2) Coasuucting orOll omuh without consulting !be land owner (ftgiragap).

(3) ~g 8DOIber persoo's otOll omuh.

107. Coasuucting aDd maintaining orOll omuh.

108. Domestic animal causing damage.

109. -{I) Killing anotber pel"3OD'S doolestic aDiInal.

(2) Failing fD infOlDl the animal owner.

(3) Failing to report.

110. Damaging crops (ping&8UDg).

111. Nyol:ot (l' ftgunwd in anotbel' person's padi farm (tanjug).

Section

's suang.

113. (talljug).

8ppBralllJS in AnnltM- penoa'S p8di farm

114. Pllding fmits at me edge of aDOllbel'ptnOIl's farm (Inuuh ]Hl1UI1I).

115. Nyiru in anodJa' persoo's padi farm.

MJsa!u.ANBous PaomBmON OR TABOO

(Matters for the Headman's coun)

116.

117.

118.

Disturbing or desttoying another 'I t4IIda piIIgawah (pillgtJSU1l8).

DistmbiDg bori oran (piltgDSU1lg).

Fntering a ratau IJDdez parih birantu (pingasung).

112.

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119. -{l) Breaking anotber person's wbetstone (pingasung).

(2) Taking away anocber person' wbeUkme (pmglUll1ll).

120. DistmbiDg a taboo sign (pinyabuI).

121. Ngapit 8DOtber persoI1' pingawah.

122. Tarik uwi; bayuh or kupak umbung (pinyaat).

123. Plan' g tuka (talljug).

124. Defecaliog ' 8DOCber ptlSOIl' S padi (pinyamar).

125. Fn . g aDO penon's during randun after nyoub (ngi11l1lg01l).

126. B . g fire ·at me aJlag (tanjug).

127. Mat tabutn.

128.-{I) Using aootber pelSOO' S turuk (ngirapuh).

(2) Destroying another person's turuk (pingasung).

(3) Abetting tile desUuction of turIIk.

129. ~ying lajong (pingasung).

130. Beating a tree stump or buttress (p ' yaat).

131. Shouting taboo words (baJa' and pinyaat).

132. . g bunga siJaldip (pingasung).···

133. Daxnagingordeseaadng ' stapanbaru(pinyamar).

134. Eating while walking tbro gb another person's . farm (pinyaat).

135. -{I) FeWng tree at the edge of anotber person' s padi f8lD1 (pinyaat and bala ').

(2) During randung.

44

Section

136. Walking through another person's padi fann (gagar).

137. Nubuoh close to another penon's farm.

138. Destroying or disturbing another person's sangar (pinyabul).

139. BringiDa game through a padi farm (jahang deya' ).

140. Harvesting 8llOtber person's padi (pingasung and pinyaat).

141. Yelling or shouting dming harvesting (baJa'). 142. --{l) Destroying anod1eI' person's farm but (pinyaat).

(2) Destroying anotbez pecson's farm but while padi is stored therein (pingasung and .{'inyaat).

(3) Destroying 8llOd1eI'pelSOn's empty farm but ~ harvest

143. --{l) Destroying anochet persoo's brit <r bari padi (suno').

(2) Destroying another person's kurit or bari padi cootaining pIdi (piIJgasung).

144. Damaging another penon's kaju'.

145. Quarrelling in anotber penon's farm.

CHAPI'ER IV

CusToMs Rm..A11No TO MATRIMONIAL OR SEXUAL MA'I'TERS

(Malttrs for the Headmiin's Court)

146. --{I) Mowah.

(2) Mowah is a c:uarom f<r Bidayub cooununity ooly.

(3) Penalty for concealing that non-Bidayubbas contravened the custom.

(4) Abetting <r assisting non-Bidayub to mowab.

(5) Piayuh Kupuo who ignores report.

147. Causing damage to ranin or bori during mowah (biurah).

148. --{I) EDgagement period.

(2) Br'eaking an engagement (buruh puda').

(3) EDgagement broken due to misconduct.

149. Mutual consent to dissolve engagement •

ISO. Breacbing a promise to marry (buruh pudo').

151. UndermiDing an engagement (pinchanu').

152. (1) Refusing to marry ~ having sexual relation.

(2) Caught sleeping with a woman. 153. Unmarried man causing pregnancy (ngaJang).

154. --{l) Claiming to have sexual re1alion with the spouse of another person (buruh kaya').

-- - - - -- --

45

Section

(2) Claimingto have sexualrelation with acertainunmarried person.

ISS. Seduction under false pretences ipimuruk),

156. --{l) Attempting to ngagap an unmarried person,

(2) Attempting to ngagap anotherperson'sspouse (pimuruk) .

157. Seducing a visitor (pimuruk).

158. Attempting to oub'llge the modesty of an unmarried woman.

159. Attempting to outrage the modesty of a married woman.

160. Reconciliation after a separation (antog anjan),

161. Divorced couple wish to re-marry (antog anjan).

162. Cohabiting after divorce (pingaru ruang mamba') .

163. Making embanassing call to a woman.

164. Giving false expectation (pingkaya ') .

165. Marriage prohibition between dami (poris baas).

166. Marrying earlier than the elder siblings (pintabiJ .

167. Enticing an unmarried person (pingkaya').

168 --{I) Taking an unmarried woman elsewhere dming a public function (pingkaya').

(2) Taking another person's fiance or fiancee elsewhere dming a public function (pingkaya') .

(3) Takingiunaniedwomanelsewhereduringapublicfunction (pingkaya').

169. Nyireng at a couple or unmarried person of the opposite sex asleep.

170. Entering the mosquito net or bedroom of a person of the opposite sex.

171. Interfering in the life of a married person (manchar mamba') .

172. Marryingapersonalreadybelrotbed toanother(tunduk: tunang) .

173. Refusing to consumate marriage.

174. Taking another person's spouse (tunduk and laban tUmbang).

175. Married man causing pregnancy (pimpiben).

176. --{I) Eloping with an unmarried woman (bitangku chawaan) .

(2) Eloping with a married man (tundUk).

(3) Eloping with a married WOOl8ll (tunduk).

177. Tio.

178. Prohibited degree of marriage (raban).

179. Marriage Testimonial.

180. Refusing to claim paternity.

46

~etio"

181. Mmying a non-Bldayub mannot in accordance with Bldayuh custom.

182. Breaching of m . g period.

183. Nyatak lamur.

184. Pingagar lanwr.

18.5. Pinyampi. 186.-(I) TIutduk sibayan.

(2) Malrying within the mourning period (trulduk sibayan).

ADuLTBllY

(Maners for 1M Chiefs Court)

187. Attempting to commit adultery (pimuruk).

188. Alleging adultery (tanus).

189. Commiaingadulteryinanotbetpersoo'sromin (X'bon(pinyamar) .

. 190. Adultery arising out of concealment of existing marriage.

191. Adultery with host or hostess.

192.-(I) Adultery with another person's spouse .

(2) Adultery between people who are both manied.

193. Repealed adultery (ngirajang tule').

194. Cohabiting -with (X' ID8D')'ing a suspected co-respondent.

195. Adultery by a communitY leader.

DIvORCE

(Matters lor the Chiefs Court)

196. -(I) Divorce (biposan).

(a) Mutual Consent (pokai biposan).

(b) Desertion.

(cr Adultery (biambai) .

(d) Other grounds.

(2) Native Comt's jurisdiction to grant divo ceo

197. Abetting to cause divorce (pinchanu' ).

198. Temporary separati (ngantung malai).

199. Quarrel between a ied couple that ends in a divorce. 200. Divcrcing a wife during her pregnancy (pimasi) .

201. Divorcing a wife without reasonable cause (pimasi).

202. Divorcing ahusbandwithout reasona Iecauseduring pregnancy.

47

Section

203. Biposan between a non-Bidayuh husband and a Bidayuh wife.

204. Divorce Testimonial.

205. Montbly maintenance.

206. CUSfOdy of children following a divorce.

CHAffER V

CusToMs REu.11NO TO PRoP£lm'

(Matters for tM Chiefs Court)

207. Property.

208. Tungku abuh.

209. Dislributim of poperty.

210. Rights to parents' property.

211. Disposing any part of an inherited property.

212. -{I) Destroying joindy owned fruit trees (jojak nyomba).

(2) Plucking fruits from rommunally owned fruit tree.

(3) Climbing and plucking rommunally owned fruit tree.

213. -{I) Distributioo of property following a divorce.

(2) Inherited property (rota omba).

(3) Acquired property (rota bauh). (4) Product or income derived froo1 inherited property.

(5) Prope:ty from a previous marriage. (6) Tided land.

214. Property of deceased spouse without an issue (abuoh).

215. Property of a widow or widower.

216. Property of a person of single status (abuoh bowa).

CHAPTER. VI

CuSTOMS RELATING TO DEA1lIS, BURIALS, ANn MIsCELLANEOUS

REmucnONS

(Matiers for the Chiefs Court)

217. Cremation and burial.

218. Felling a tree by Ibe side of a cemetery (tungkal silJayan). 219. Causing fire to damage a cemetery ' (i,;ngkal swaYaJl).

220. Defacing a grave (ptnyamar).

221. Excavating a grave (tungkal sibayan).

222. Disturbing or taking away baya'. 223. Farming or gardening on a disused cemetery.

224. Causing obstruction to a path leading to a cemetery (tungkal sibayan).

48

Section

225. Climbing a tree near the bouse where a corpse is lying-in­state .

226 . Climbing a fruit tree during bisokui.

227. Going to work on the first day after the death of a person.

228. Dying in another person's romin or bori (pinyamar).

229. -(1) Taking a sick person to another person's romin or bori (pinyamar).

(2) Taking a dead body to another person's romin or bori (pinyamar) .

230. Using another person's river or land transport for carrying a corpse (pinyamar).

231. Celebration during bisokui.

CHAPrER vn

ADoPTION

232. Adoption by custom (anak angkat).

233. Testimonial of Adoption.

234. Registration of adoption.

235. -(1) Driving away an adopted child.

(2) Abandoning adopted parents.

236. Distribution of property following an annulment of adoption.

237. Testimonial of Annulment of Adoption.

CHAPIER VIII

238. Other Bidayub Customs.

APPENDIX

For the purpose of this Adat Bidayub 1994, the following forms shall be printed and distributed to the various Districts in Sarawak for use of the Peoghulu in the areas under their jurisdiction:

Form A Marriage Testimonial. .

Fonn B Divorce Testimonial.

Fonn C Testimonial of Adoption.

Fonn D Testimonial Adoption.

of Annulment of

49

ADAT BIDAYUH 1994

CHAPTER I

1. In this Adat Bidayuh-

A

"abuoh" (Bau) means a married person who dies without an issue (Sedan, uboh; Kuching, aboh; Londo, uggu);

"abuoh bowa" (Bau) means a person who is never married and dies without an issue (Sedan, suboh; Kuching, aboh bawa; Londo, uggu or keloton);

"adag" (Bau) means the boundary between neighbouring padi farms (Lundu, antaraatn; Sedan, Kuching, baat); .

"adat" includes a way of life, basic values, culture, accepted code of conduct, manners, conventions and customary laws;

"anak alang" (Serian) means a child born out of wedlock (Ban, onakopang; Kuching, anak apang; Londo, anak ampakng);

"anaJc angkat" (Serian and Lundu) means. an adopted child (Ban, onak akat; Kuching, anak akat);

"antog anjan" (Serian) means a ptosis provided by the party who requests for a normalisation of their marriage after a separation or divorce (Ban, otag tungoh; Kuching, adat tubu);

"aron" (Bau) means the inner part of a house (Serian, u'ah ramin; Kuching, arun; Lundu, biik or uhang);

"awah" means the verandah of a house or a long­house · (Lundu, samik); .

"ayaman" (LonQu) means a fowl or a pig which is reared soon after a child is born and to be used in a ritual such as the circumcision ceremony ' of a .male child or the piercing of the ear-lobes of a female child;

B

"baas" (Bau) means to marry (Serian, chawaan; Kuching, banan-sawan; Lundu, babiik-balawakng or balawakng-bakaramigiy;

Definitions.

50

"boat" means a boundary between two or more plots of farming land, garden, houses or villages (Lundu, antaraatn or sumbangatan);

"bala' " (Sedan) means the result of an action which causes a sudden shock and is believed to have the effect of weakening the ihIlng of a person or pad! and con­sequently resulting in poor health or harvest (DIU, gogoh­komah; Kucb1ng, guguh);

"ban pam" (Serlan) means pad! bam (Dau, basar; Kucbing, pangau; Lundu. dango or dio pade ');

"bari umuh" (Kucbing and Secian) means a farm hut (880, bori omuh; Lundu, dango uma or dio uma);

"baya' " means the various personal effects, articles or materials provided for the deceased (Lundu, bayae' or bebayu);

"bayuh" (Kuching) means a species of bread-fruit tree the bark of whieh is used for breech-cloth, coats, loin­cloth and head gears (Bau, bayuh; Serian, mayUh);

"beras banyu" .(Lundu) means rice mixed with tumerie (Serian, bam' siha; Kuehing, barassiya; Bau, boras sobud);

"biamba:" (Bau) means adultery or to commit adultery (Secian, birambai; Kuchlng, tangah; Lundu,

kampakng barangka; or 1«lrikng);

"bikaii" (Koelling and Bau) means to quarrel (Sedan, bidaruh; Londo, ba1«llaJu);

"bipangu" means to curse at each other (Londu, mangkabo');

"biposan " (Bau) 'means divorce or to divorce one's spouse (Sedan, bibatan; Knelling, bu banuh-sawun; Londo, babuangan or sabatan);

"biringku" (Serian) means tipsy (Ban, biriku; Koelling, bikaning);

"birituong-bitungu " (Bau) means to have one's problem or dispute settled in conn (Sedan, bichara; Koelling, biritong-bitungu; Lundu, barukupm or bichara');

51

"biruwat" (Bau) means a cylinderical fish trap which is usually made of bamboo and strung together with dunuun (Gleichenia dichotoma) or other similar materials (Serlan and Kuching, iju; Lundo, bubu or ijo);

"bisolcui" (Bau) means a taboo after the burial of the dead (Serian, parih ramban; Kurhing, paris ramban; Lundu, mongkotO;

"bisupah" (Bau) means to swear at each other (Sedan, btsumpah; Kucblng, masa mayu; Lundu, basumpah);

"bitanglcu chawaan" (Serian) means to elope (Bau, bisuktm sawan; Kurhing, nyiratum; Lundu, batunaatn or banun boh);

"biurah" or "bi-uru-ara" (Bau and Kuching) means to speak or behave in a manner which annoys other people (Sedan, bi-ulah; Lundu, ngaru mayaor nyangu ngarumaya);

"bori" (Bau) means a detached house in the kupuo;

"bori oron" (Bau) means a ritual hut at the junction of the farm track (sedan, bari nagug ramau; Kuching, bari aran; Lundu, pabuisatn);

"botang pirasu" (Bau) means either a tree trunk or bamboo which is placed across 'a stream or over a muddy area to enable a person to cross the stream or walk over the muddy patch (Senan, tayan or baiangpingaja';Kuching, tibayan; Lundu, tin);

"botang romin" (Bau) means a looghouse (Serlan, ramin untangan; Kuching, ramin batang; Lundu, bantang);

"buah" (Bau and Kuching) refers to articles such as earthem-wares, brass wares, bronze articles, land or fruit trees for settling disputes, but for the purpose of this Adat Bidayuh, one buah is given a monetary value of one Malaysian ringgit (RMl.OO); ­

"burun kaya'" (Serian) means an offence for smearing another person's reputation (Bau, sinda kunyat; Kuching, pimanguh; Lundu, ukum ngedokng or mangka: mangun);

"buruh panun" (Serian) means an offence for not sharing one's food, drink or fruits with another person, during a meal or when plucking fruits, as such omission may endanger the person's life (Bau, tinguon siboron; Kuching, takud punun; Lundu, muang antapamy;

52

"buruh pudo' " (Serian) means an offence for lying or for not keeping one's promise (Ban, pimogo; Kuching, pingadong; Lundu, pangalok or pangalasih);

C

"criminal court" means any court of competent jurisdiction constituted under the Subordinate Courts Act 1948 (Act 92) or the Courts of Judicature Act 1964 (Act 91);

o

"dami" means a term which denotes the relation­ship between parents whose children are married to each other;

"dapuh" (Kuching and Serian) refers to the measurement indicated by the span of both arms out­stretched which is equivalent to about 1.8 metres (Bau, depuh);

"dibung" means a species of palm tree;

"dumam" means a species of fern (Gleichenia dichotoma). The fibres inside the main stem are used for lashings (Serian, kukot);

G

"gagar" (Serian) means the result of an action which disrupts the tranquility of the environment, and is believed to have effect on the mental and physical health of a person or ieng padi (Bau, gogoh-komah; Kuching, muud; Lundu, ngajut or nyarok);

"gap ngangam" (Bau) means to verbally threaten someone (Serian, ngemam; Kuching, bisakap; Lundu, ngama or madutat);

"gawia" (Bau) means religious rites accompanied by festivity (Kuching and Senan, gawal);

"gawai bisasab" (Kuching) means an adoption ceremony;

"gawai nyadih" (Serian) means the.gawai which is held in a special hut at the junction of 'the farm track with the main public road or footpath after the padi has been planted; it is only after this gawai that the farm track

53

may be used for bringing any game home through the padi farm (Ban, gawia oroo);

"gawia pinonguh" (Bau) means the annual gawia which is celebrated after the pad! has been harvested (Sedan, gawai 'mparing sawa; Kuchlng, gawai pinanguh; Lundu, gawe ngabayatn or gawe lakapaga);

"giruga-giroguo" (Bau) means to ransack another penon's romin or bori (Sedan,ngirungkes or ngiruga; Kuching, giruga; Londo, ngaruga);

I

"ihang" (Sedan) means the soul, life force or the spJrit (Bau, ieng; Kuching, simangl);

"irah" means the uncleared edge of one's farm;

J

"j ahang deya' " (Serian) means a breach for bringing game through the padi farm (Bau, jaang jonga; Kuching, jaang);

"jikoh jojak" (Bau) means to climb a fruit tree and pluck its fruits (Sedan, gatuh buwa'; Kuching, j akuh j aj ak; Lundu, mabe: buah);

"jojak nyomba" (Bau) means communally owned grove of fruit trees (Sedan. jajak namba; Kuching, jajak nyamba; Lundu, kompokng kunsi or ta' mahu kongsiy;

K

"kaii" (Kuching and Bau) means a quarrel (Sedan. pinaruh);

"kaju' " (Sedan) means a platform provided 'with an adjustable roof for drying pad! (Bau, kilako; Kuching, barung; Lundu, oogko);

"btl" refers to a unit of measurement of fines which is equivalent to one Malaysian ringgit (RMl.OO);

"Icati belima" (Serian) means the prosis to be provided by the offender to the bereaved family as takud asung in the form of the following articles which represent the different parts of the deceased body and his personal property:

54

(a) tajau Oar) as his body;

(b) bakur (a round brass container for putting sinh) as his head;

(c) chunto TUiI1Jg (manik) as his eyes;

(d) suek amos (gold) as his teeth;

(e) basung birawan (beads) as his nose;

(J) biliri pirak (piece of silver) as his ears;

(g) parik pirak (silver belt) as his hairs and intestines;

(h) birawan tarih (beads) as his life;

(i) tajong plangi (sarong) as his trousers;

CJ) badir or cannon as his shin bone or tibia;

(k) sipia (muzzle-loading gun) as his hands;

(1) milintantarih (speclalloincloth) ashisluggage;

(m) girundung (hawk bell) for his langi;

(n) julang (brass tray) as his eating plate;

(0) sang/cuh simpot (blow-pipe spear) as his walking stick;

(P) lcitawak (large gong) as his feet washer;

(q) SQIIQIIg birante (small gong) as his breast;

(r) agungKulcu (small gong) as his raung or bat; and

(s) atus (sugar cane mangle) as his private part;

(Bau, tokod asung);

"Ketua Masyarakat" refers to Bidayuh Community Chief such as the Penghulu, Pemanca or Temenggong who holds the appointment with the approval of the Yang dl­Pertua Neged under the terms and conditions of service for the Ketua Masyarakat (GovernmentCttcular Ref: 36/ CM0I15321dated24 March 1973); (Kuching, nyaml1a kaum; Sedan, pinnuh lcaum);

"/cibang" (Sedan) means black magic potion used to harm people (Bau, uri; Kuching, tiburi);

"kilasor" (Serian) means to slide (Ban, bijiruh; Kuching, tibisor);

ss

"/druwak-/drowuong" (Dau) refers to the three evil spirits which are forever hungry and it is a taboo to mention such word in people's house or farm (Sedan, muat suM '; Kuching, umot tibong; Lundu, parowak pagoholatg);

"/droja tirulcum" (Dau) means community work (Sedan, lciraja raius; Kuching, lcTaja rals; Lundu, btJ'aik or pangall);

"/cupak umbung" (Kuch1ng) means to peel the ou~ part of bamboo shoot (Dau, lcuyet mung; Sedan, pust unglcoh);

"kupuo" (Dau) means a village which may consist of botong romin or bon (Serian, binua; Kuch1ng, kupo; Lundu, launpokng);

"kuang" (Kuching, Bau) means copra (Sedan, salu' buntan);

"kuru" (Sedan) means padi bin or container made of bark (Bau, siarong; Kuehlng, bigambis; Lundu. btJuh or dopa);

L

"laban tumbang" (Sedan) means taJcud which is awarded to the children of the aggrieved spouse and is imposed on a person who takes the spouse of another (Bau, tolcod romin-aron tibisak; Kuching, bitu!lduk; Lundu, panabe' anak);

"langi" means a traditional dance (Kuching, rajang; Bau, sigar);

"lojong" (Lundu) means padi nursery (Bau, piminie podi; Sedan, tiradak; Kuelling, same');

M

"moJcuob" (Bau) means to put UP. warning sips at a fruit tree to (eVent other people from climbing and pluckiDg its fruits (Sedan, maru; Kucbing, marut; LuDdu, patQguh or ngubuk);

"numclulr mamba'" (Sedan) means an act of interfering with the married life of oee's children or relatives (Bau, ujak~uok; Kucbing, masak rawang; Lundu, ngantuwi or pamutut);

56

"mangu" means to curse (Lunda, mangkabo);

"maring batang" (sedan) means a breach committed by a personor a group of persons in a village (Bau, botang sitoengap; Kuching,marisbatang; Lundu,marikngbatalmg);

"mine'" means to sow padi seeds;

"mowah" (Bau) means a custom of courtship in the form of night visit by an unmarried man to an unmarried womanin the lattel"s romin or bori (Serian, masu or mawah; Kucbing, mawah; Lundu, nyumarang or nganto);

N

"nabun" (Kuching and Bau) means to collect and pile up some unbumt wood and set fire to the heap (Sedan. mapui);

"nai oran tokan" (Bau) means to clear and clean the edge of one's farm along the boundary with one's neighbour (SeDan, natab baat; Kuching, sayan boat;Lundu, natala);

"nai raban" (Bau)means to performaritual ceremony so that relatives within the prohibited degrees of marriage may marry each other (Sedan, ngawai laban; Kuching, ada: raban; Lundu, nabe' pagey);

"ngaab" (Kuching and Bau) means to yell a war cry (Sedan, ngahab; Lundu. ngampak tunga or ngampak tungal);

"ngagap" (Bau) means to enter stealthilyin the dark into the romin or bori of a woman with the intention to havesexual intercourse (Serian, nyagam; Kuching, nanyung; Lundu, katagoatn or malahan);

"ngalllng" (sedan) means to cause pregnancy to a woman .and later refuses to . marry her (Bau, ngopang; Kucbing, ngapang; Lundu. babuntikng sorakng or batali stub);

"ngampung nasip" (Sedan) means to block another person's luck or fortune (Bau. taak nasip; Kucbing, talc nasip; Lundu, mampakng tuah);

"ngandong" (Sedan) means to gossip or to talk maliciously about another person in order to tarnish · his reputation (Bau. pinusuok-pinajam; Kuching. ngitong /cinarap; Lundu, ngedokng pari or jahe pingidup);

, ',

57

"ngantung malai" (Serian) means a temporary separation or to suspend a divorce proceeding (Bau, kajon tak; Kuching, tanguh bu; Lundu, bai' miharaatn or ngantung katik: batarik);

"ngapit" means an act of sandwiching another person's padi farm lot or romin;

"ngaruom" (Bau)means night time or an interval between six o'clock in the evening and six o'clock in the morning (Sedan, ngaru '; Kuching, ngarum; Lundu, maam);

"ngawah" means to make a token clearing in an area to be farmed and to perform the ritual associated with it;

"ngawak" means to show a weapon to someone menacingly;

"ngawang" (Serian) means mourning or to mourn (Ban and Kuching, ngurid);

"ngilangkah bubung baak" (Serlan) means to marry earlier than the elder siblings (Ban, ngibowan; Kuching, nyibawan; Lunda, nabe' ngakahi or tabi pemgarangkah);

"ngiragap" (Serian) means a breach of custom for failing to obtain permission to make a footpath across someone's land (Ban, toed tungoh; Kucblng, miradak; Lundu, ana' mamparu or kabi mampama);

"ngiragut" (Bau and Senan) means to snatch things by force (Kuching, nyirapas; Lundu, ngarugut or nyiragut);

"ngirajang tule' " (Serian) means to commit adultery repeatedly with the same person (Ban, tuya-biongan; Kuching, nyunyog; Lundu, ngaroyok Adat or kate parcaya adat); .

"ngirajang pingirangking" (Sedan) means to breach the mourning period by participating-in festive activities or behaving promiscuously when the rangking is still in force (Ban, bingangun; Kuching, nyiog adatngurid; Lundu, ukum kabangkaman or langkir pelangkah baru);

"ngirana" (Serlan) means to cause injury, destruction or harm to someone's property or domesticated animal (Bau, pasiek-giroba; Kuching, pirusak-nyiraba; Lundu, marongkai jukut or moroka);

58

""girapuh" (Sedan) means to m.ake useof someone's ..,...""'0pert3-y witboutpermission (Bill. "girapaspakai; Kuchlng, 1I)'Gftgut; Lundu, "gartl1tlPas);

""girasah" (Bau) means to insinuate lOOtbel' person (Sedan aDd Kucl1ing, "yinder);

""girayun" (Sedan) means an act inflicted on an object with a message directed to a particular individual iDdicatIDg personal dIspleaJUl'e or motive of caustng hurt or even death to that person (Bill. notang);

""giroradau" (Dau) means to singa warsong (Sedan, "girtl1ldDu; Kuchlng, "yirandau; Lundu, timang "yalorag or "imtmg /cQpala);

""girung01l" (Sedan) means to do or say something wbtch is beUeved to bring bad luck or misfortune to a person who is in the process of doing something (Bau, "girawuo; Kuching, "yaru; Lundu, ngarawati or rabun parih);

""gumud" means to take the cabbage or tenninal bud of a palm tree (LuDdu, naros);

""gupo"g untangan" (Sedan) means a breach of the custom by dismantling one's romin which adjoins another person's romin (Bau, misakromill; Kuching, kDpug batong; Lundu, ")'Dumg batong or natak banttmg);

""gurid soot" (Bau) means to mourn (Sedan, ngawang; Kuching, "gurid; Lundu, ba'ah or belaai kIlbis);

""gutuo,i" (Bau) means to spit at someone with ill­feeling (Sedan, "giruroi; Kuching, nyiratui; Lundu, "gaujahatn or "garujak bahas age');

"notang" (Bau) means to throw a challenge at someone by word or action (Sedan, ' nantang; Kucl1ing, natong; Lundu, nanraJcng);

""ubuoh" (Bau) means to stupefy fish by using certain kinds of poisonous fruits, roots or other substances (Sedan, muhat; Kucb1ng, nubuh; Lundu, nuba);

"nu/w" means to plant sharp spikes, usually made of bamboo or bark of parai or dibung palm to prevent animals from encroaching one's farm (Lundu, nyunga' or "gungan tuka);

59

"numut liang" (Dau) means to pull or remove a post (Sedan, ngubut tungkang; Kuehiog, dimbut uros; LuDdu, mabut tihtJkng or numut nahie);

"nundung" (Serlan) means to enaoach into anotbet person's fishing or hunting ground (Dau, ngibuong; Kuehing, nindung; Lundu, ukum pararakng);

"nuruk" means to dibble;

"nyataJc lamur" (Serlan) means to have sexual relation with a widow or widower during the prohibited period of widowhood or widowerhood (Ban, notQ/cgoyog; Kuehing, kDmbur);

"nyireng" (Kuching) means to peep (Ban, mien-mitu; Sedan, tilek; Lundu, moho' or nyan tilik);

"nyiru" (KucbJng and Bau) means to hunt or fish at night (Sedan, nan}u; Lundu, nyuuh);

"nyoko;" (Bau) means to cut open a felled palm tree in order to extract the grubs (Sedan, nyunglcut; Kuching, nyikut);

"nyopuh" (Dau) means to collect honey and honey comb (Serian, nyumpon; Kuching, nyapuh; Lundu, muar wanyi or muar U1lyt);

"nyotu" (Bau) means to collect fallen durian fruits from either communal or individuai grove of fruit trees (Serlan and Kuching, nyatu);

"nyouh omuh" (Bau) means to bum one's farm (Serian, ngukotumuh; Kuehing, tungan umuh; Lundu, nunu uma or nyahu uma);

"Ilyupah" (Bau) means to swear (Sedan. nyumpah; Knehing, mayu; Lundu, nyumpah-menyumpah);

o

"onak buan" (Dau) means followers of a Piayuh Kupuo (Sedan and Knehing, anak buah);

"oran omuh" (Dau) means a footpath that leads to a padi farm (Serlan, jaran umun; Kuehing, aran umuh; Lundu, maraga uma);

60

"oran to/can" (B8O) means the cleared space at the edge of one's padi farm along the boundary with one's neighbour's land, for the purpose of preventing the fire from spreading during nyouh (Sedan, tatab baat; Kuching, tatak boat; Lundu, panataJa);

"otag" (Bau) means handrail (Sedan, antog; Kuching, alag; lundu, ada' or jojo);

p

"paJcuob" (B8O) means warning signs or obstacles wrapped around a fruit tree to indicate ownership (Sedan, bam; Kuching, tu/ca; Lundu, pataguh or ubuk);

"parai" means a species of palm tree;

"paras" (Sedan) refers to an unfavourable condition resulting from a bad deed (Bau, bonguh; Kuching, siar; Londo, paras hidup or nyusahi idup);

"pari bait" (B8O) means to reconclle (sedan and Kuchlng, bitlamal);

"parih bahas" (Serian) means a major restriction imposed after a ritual (Ban, poris ayuh; Kuching, paris bas; Lundu, basansam aya' or basansam aso);

"parih birantu" (Sedan) means a restriction for a period of eit:IB four or eight days during which no one may enter the house or farming land (B8O, poris ngirapuk; Kucbing, tarang rais; Lundu, basansam mum bangas or paris bangus);

"Piayuh Kupuo" (Bau) means the Headman of a Bidayuh lcupuo (Serlan, pinuuh binua; Kucbing, nyamba rais; Lundu, tuha binua);

f4pilatieng" (Bau) means to make cuts at one or both sides ofa tree or underneath botongpirasu SO that it would fall or break (Sedan, ungkarang; Kuching, guror, Lundu, mararaie or natak);

"pikul" refers to a unit of measurement of fines which is equivalent to one hundred Malaysian ringgit (RMlOO.OO);

"piluwa' "(Serlan) means to exert one's wish, desire, influence or will without due consideration (Bau, munue; Kuching, puus; Lundu, nanar or nyorok age ');

61

"pimasi" means voluntary contribution;

"pimuruk" (Sedan) means the restoration of loss of self-esteem (Bau, pirakok; Kuching, kinarap; Lundu, ngarangkDpm);

"pimpiben" (Sedan) means a breach of ada: for causing p-egnancy to an unmanied woman. widow or divorcee (Kuching, plbite; Bau, opang);

"pinami" (Kuching and Sedan) means a visitor or sojourner (Ban, pinonu);

"pinchanu'" (Sedan) means an action which undermines a person's confidence in carrying out a plan (Ban, pisinie; Kuching, pinyudang; Lundu, murukngi or ngamanuk-ageh);

"pingabah" (Ban andSedan) means being disrespect­ful (Kuching, baking; Lundu, majahi or kati pecaya saran agl);

"pikasuo" (Ban) means a trouble maker (Sedan, pingacho; Kuching, pingasang);

"pinarang" (Secian and Kuching) means a public declaration (Ban, pinorang);

"pingasuo" (Ban) means to cause distuIbance (Secian, ngacho; Kuching, pingaso; Lundu, pangacho);

"pingagar lamur" ·(Serian) means to have sexual relation with a deceased's fiance or fiancee during the mowning period;

"pingaku" (Kuching and Ban) means false claim (Secian, pingang/cu; Lundu, ngako);

"pingaru ruang mamba' " (Serian) means to cohabit after a divorce without informing the Piayuh Kupuo of one's intention to remarry (Kuching, ~silcuboh; Lunda, bapuakngi ngait or sangkore: mahas);

''pingasung'' (Serian) means to damage or destroy the means of livelihood of a person or a community (Bau, pirosaJc otak asong; Kuching, pirabur);

"pingawah" means a token clearing;

62

"pingirasar SQ1IIQ1''' (Lundu) means an act .or expression intended to cause shame and embarrassment to another person (BIU, ngiroma);

"pirubuh" (Kuching and Sedan) means to dismantle (Bau, pirubus; Lundu, ngarumbasi rumah or ngarumbak ramin);

"pingiris-birumiek" (Bau) means a system ofrecipro­cal labour (Sedan, pingirih; Kuching, pingiris; Lundu, ba' age' or pangan);

"ping1codmn" (Sedan) means an offence for breaking one's promise at the last moment (Bau, asa-asa; Kuching. pibongus; Lundu, ana tampe or kati ramus);

"pinglcaya' " {Sedan) means to remove shame or embarrassment (Bau, /cadi dasa; Kucbing, /cadi manguh; Lundu, nutup pamalu or mangkat ageh mangrm);.

"pingumbas" (Bau) means a resting place where one leans his load (sedan, pingudung; Kuching; garang; Lundu, parasrmgan pasalD);

"pintahak deya' " (Sedan) means physically hurting someone (Ban, ptta'u doya; Kucbing, kinaman);

"pintabi" (8erian) means a takud for marrying earlier than elder siblings (Bau. pitabi; Kuching, pinabi; Lundu, panabe');

"pinyaat" (Sedan) means a breach of fanning tabOo which may attract pests to the farm (Bau..ngibaan; Kuching. pirusak);

"pinyabul" (Serian) means sacrilegious acts (Bau, ngiropa adat; Kuelling, nyiog);

"pinyamar" (Kuehing) means an act which is considered ritually unelean (Ball, pikais; Serian, pinyambar; Londo, panyamar or pancharoboity;

"pinyampi" (Sedan) means a breach of the adat for marrying one's deceased wife's sister or deceased husband's brother (Bau, muas asung; Kuehing, mungus; Lunda, dimanari or nyora bahi sakak);

"pisuan" (Bau) means to debark or ring a tree (Serian, ungkaran; Kuching, su'an; Lundu, manta or mungtungy;

63

''poIcat biposan" (Dao) means to divorce by mutual consent (Serian, papar paguh; Kuching, bipaklJt bu banuh­sawun; Lundu, babUQIIgan bapaka: or sorap maseh);

"porang piroka" (Dau) means building materials (Serlan. pimngka ramin; Kuching, ·piraka ramin);

"pons baas" (Dao) means prohibited marriage;

"poyuh" (Dau) means the structure above the hearth (Sedan aDd Kuching, payuh; Lundu, para' api);

"prosis" (Bau) means the ritual ofJerlDg provided immediately by the offender to the injured party to avert evil forces or misfortune such as the following­

(a) wbeJ'e the prosis is stated in term of a pig, the following items shall accompany the pig:

(1) one fowl;

(ii) one gantang of ordinary rice;

(ill) one gantang of glutinous rice (pulut);

(iv) two (chicken) eggs;

(v) one bottle of tutIk (lOCal rice wine);

(vi) one bowl of preserved (fermented) meat;

(vii) one bowl of preserved (felmented) fish;

(viii) one kilogramme of sugar;

(ix) one bottle of cooking otl;

(b) where the prosis is stated in term 9f a fowl the following items shall accompany the fowl:

(1) half a gantang of ordinary rice;

(U) half a gantang -of ·glutinous rice;

(ill) two (chicken) eggs;

(iv) one bottle of tuak;

(v) one bowl of preserved (fermented) meat;

64

(vi) one bowl of preserved (fermentedO fish;

(vii) one Idlogramme of sugar;

(viii) one bottle of cooking oil;

(c) where the prosis is stated in term of beras banyu the following items shall accompany the beras banyu:

(1) one hawk bell;

(ii) one porcelain plate;

(iii) one piece of iron;

(Saian.pimtJbi; Kuclling. sikadud; Lundu.puhun adat or aboh adat);

"pulau tu 'aan" (Sedan and Bau) means communal forest;

"puun" (Ban) means a direct ancestor;

"puun bine' " meaDS any plant classified as sindo pad! planted in the padi fann aftel' nuruk;

"puun rawang" (Kucbing and Ban) means the member of tile rawq who keeps its continuity (Saian, puun 'mmnba');

R

"rambang" (Bau) means a widow or a widower (sedan and Kuching. uban; Lundu. adekng);

"raban" (Koclling and Bau) means sexual relations between persons who are witbin the prohibited degrees of relationship (Sedan, laban; Lundu. ngubah page' or tnlITUSllk age');

"randung" means a period of restriction following a ritual (LuDdu. nyangm or nabe pangangka);

"rangking" (Serian) means death taboo signs placed at the deceased hearth at the awah during tile ngawang period (Kuching. pinyitm'ang; Lundu, ba'ah or beraraJc);

"tapas pingiris" (Kuching and Bau) means to work for another person in return for the work previously done by him (Sedan, ngasu' pingirih);

65

"rasau" (Kuching and Bau) means plots of farm next to each other .. (Sedan, rantau; Lundu, radakng

uma);

"rawang" (Kuching and Bau) means a household which may consist of one or more families (Sedan, nuunba'; Lundu, lawang);

"rimbang-badag" (Kuching and Bau) means the compound surrounding a longhouse or kupuo (Sman, paJcan-imbang; Lundu, karamigie);

"rois" (Bau) means a grove of fruit trees (seDan, mawang ato inus; Kuching, risun; Lundu, kompokng or ompang);

"romin" (B8O)means a family aparonent in the botang romin (Serian and Kuching, romin; Lundu, rumah);

"romin aron" (Bau) means a family consisting of the parents and their offSIring (Serian, ruang mamba; Kuehlag, ramin arun; Lundu, sabiikatn or ngau-uhak);

"rota bauh" (Bau) means acquired property (Sedan and Kuching, -rata bauh);

"rota omba" (B8O) means inherited property (Senan, rata damba; Kuching, rata amba; Lundu, rata pusalca);

"rota nyomba" (Bau) means communal property (Sedan, rata namba; Kuching, rata nyamba);

"rupos" (Sedan) means to slip through (Bau, rosod; Kuching, sirupot);

S

"sanda' " (Sedan) means engagement gifts (Kuching and Bau, tanda tunaDg);

"sangar" means a platform at the padi farm or bod oran upon which offerings for the ancestors and the good spirits are placed (Lundu, ka'anglcaknl. ~puun pamorok);

"sasun" (Kuching) means rent for farm land (Sedan, sasih; Bau, sasis);

"sibarang sun" (Bau) means to take another person's article (X property without permission (Sedan, sibarang ngumbit; Kuching, sibarang tamit; Lundu, mum ngkhakng or minchang UTe ');

66

"sigayai" (Bau) means a small platform at the jUDCtlon of a pad! farm (togog oran) where offerings for the evil spirits andother hannfuI creatures areplaced (Serian, bariangan; Kuchlng, sitayuh; Lundu, pabuisatn or sumpek em);

"siJal/con" (Sedan and Kuching) means to trip over (Bill, siko1can);

"silulo podi" (Bau) is a plant normally of the genus of herbs of a species of crinum of the amaryWdeoe (bunga siJcudip), considered sacred by each famlly, believed to contain life force of the padi and planted each year on the last day after nuruk (Sedan, andu' pinyamun padi; Kuching, sikudip; Lundu, pihawakng);

"sirubok" (Kucbing and Serian) means a bamboo smoking pipe, normally left at the pingudung;

..suah" means a punting pole;

"suang" (Kuching and Bau) means a small dam to divert water to the padi field (Sedan, bandang);

"suho' " (Sedan) means a breach of taboo which cause one's fortune to deteriorate (Baa, ruwa; Kuching, nyiraba daya);

T

"tabun" (Kucbing and Bau) means a pile of partly burnt wood (Sedan, papUl);

"tabutn" (Lundu) means a breach of farming custom by talking to persons who are dibbling in the farm without first helping them before engaging them in conversation (Sedan, ngirungon);

"takud" means a form of restitution which covers two important ingredients: first, it covers the idea of providing settlement between individuals; second, it covers the idea of appeasement. atonement or restoration of the physical and spiritual well being of.tile community; there is no element of punishment in takud;

"lana nyomba" (Bau) means communal land (Serian, lana namba; Kuching, lana nyamba);

"tanda pingawah" means an object normally made of bamboo with a certain symbol on it to iQdieate an area that is being reserved by someone for farming;

67

"ttmglcild bine' " (Serian) means an area in the farm " tonus " (Sedan) means unjustified suspicion (B8O, napo; Kucblng. napu; Lundu, 1IQ1IQSi or napu);

"tlInju" means the outer platform or the uncovered venmdah of a romin or bon;

"tanjug" (Serian) means a breach of taboo which incurs the wrath of the supernatural on the owner of the place where the act occurs (B8O. ngiraka nyaa; Kucbing, sQQt dDya);

"tonus" (Sedan) means unjustified suspicion (Bau, napo; Kuching, napu; Lundu, 1IQ1IQSi or napu) ;

"tapan baru" (Sedan) means a receptacle made of bamboo internode filled with water and planted at the ttmgklld bine' (B8O, sombang siburon; Kucbing, sambang; LUDdu, soekng ai or padingin);

"tank" (Kuching) means to pull (Bau, norik; Sedan, narik);

"tenei: " (Lundu) meansto pierce one's ear lobe (Bau, nobok Icojir, Sedan, tanteng; Kuching, tabuk /cajit);

"tibawang" (Kuching and B8O) means a site where a bouse or a longhouse was once built (Serian, mawang; Lundu. timawakng or tamau);

"tibayan" (Kuching) means a bridge made from tree trunk or toting across a stream or over a muddy area(Bau, pati tiboyan; Sedan, tayan; Lundu, titi or panutuk);

"rima" (Kucbing and B8O) means a utensil for scooping water out of a boat (Sedan, timba ');

"tinungan" means a designated area for cremation (LundU,~ pacheche ' pimadu, Kuching, data); ­

"00" (Kuching) means incest (Bau, tiwuo; Sedan, tiho; Lundu, tulah or tulan jonoy; .•

"tunduk" means to take another person's betroth or spouse;

"tundu/c sibayan" (Sedan) means to marry during the widowhood or widowerhood period or during the restriction period following the death of one's fiance or

68

fianree (Kodliug, IWUJuJc mindo; Lundu, ngangkah tualcng or Itmglcah tulang);

"tunduk tunang" (Sedan and Kucbing) means to take the fiance or fiancee of another person (Bau, ngiropas sipogai; Lundu, ngarabUl IU1Ulng or merabut twumg);

"tunduk ungon" (Serian) means a takud for baving sexual relation with the spouseof a person who is gravely sick with the intention of marrying him or her after the death of his or her spouse (Koelling, rangas turang; Lundu, nyuway banta or nuray banta!);

"tungkal" (Sedan) means an action which frightens a person or gravely shock a person resulting in ill-heal th or death (Bau, muka-ngogeh; KuChing. saun; Lundu, alah sU111lUlgar or idap btuh);

"tungkal sibayan (Serian) means to create a situation which angers the soul of the departed to come out to disturb the living (Bau, ngogoh sibayan; Kuching, midap sibayan; Lundu, idap bangke' or idap subur);

"tungku abuh;' (Serlan) is an item of valuable property which may be chosen by the father and mother for their secwity before the-property is disuibuted among the members of the household such as an old jar, a set of gong, rubber garden, a piece of land, or any other valuable property of their choice. It shall be inherited by whoever cares for him or her at the time of bis or her death (Bau, rota pisaka; Kuching, nyirasan ramin ; Lundu, rata agihatn);

"turuk '' means a dibbling stick ;

"tutokng rusak" (Lundu) means beating a gong in the manner of an alarm sound (Bau, tutong);

u

"umbung" (Kuching) means bamboo. sboot (Ban, mung; Serian, ungkoh);

"uri pajung" (Serlan and Kuching) means black magic (Ban, uri; Lundu, uri pajokng); and

"uwi" means rattan.

69

CHAP1ER. n

Cusro RELATING TO HOUSE CONSTRUCI1ON

(Matters for the Headman 's Court)

2. Before botong romin is built, the Piayuh Kupuo sball Duty 01 . summon his onQ/c buah to a JJlf'ding to discuss aDd confirm: ~ 6i­

biI __

(a) the site; '-' to

~ (b) the number of rawang who will join the botang

romin;

(c) allocation of romin; and

(d) any other matters relating to the construction.

3. Whoever, breaches a promise to join a botang romin BreadIiDa. shall provide one hundred buah for burun pudo', J:.lIUi,::,

I'CHIIiII (6aIIIII pedD").

4. Whoever fails to erect the posts of his rami" within Fai' to

the specified period as agreed during the meeting sball povide mlCl ~ thirty bU/Jh and prosis consisting of beras banyu for buruh =~ pudo', .

s. Whoev disturbs the site which has been cleared for I>iIutUI the botang romin shall provide fifteen buah andprom'consisting ::;,:: of beras banyu for pinyabui. ~

(piIryGbcl).

6. Whoever disturbs another person's porang piroka DisImtJiII& already assembled on the site of the proposed botang romin ~ shall provide fifteen buan and prosis consisting of beras ballyu =.piIWlI for pingasuo ~ compensate for any damage caused. ' ~).

7. Whoever, after erecting the posts of his romin on an PWliJIa agreed site, pulls down the said posts shall provide thirty buah (p~ for pirubuh,

8. Whoever. after completing the main structure of his Failiq to

romin, fails to complete the roof without reasonable cause after =.,. a warning from the Piayun Kupuo shall ovide thirty buah pucIo"). and prosis consisting of beras banyu for buruh pudo'.

70

RiffIbanB­&dag,

for fruit 1recI.

AdjoiDilll ::: UDder

.

9. Every Dayak Bidayuh botang romin must have a compound called rimbang-badag. The rimbang-badag shall not be less than 20 dapuh measured from the outside post of the main building. e rimbang-badag is deemed to be the common property of the whole botang romin. The owner of each romin is given the privilege to make use of the parcel of land in front and at the back of his romin for planting vegetables or fruit trees. He is also responsible for the cleanliness and main­tenance of the area. However, if any of the fruit trees or fruits fall on somebody or another person's romin, the oWDf'J' of the fruit tree shall provide prosis consisting of ei knti belima if death ensues or a fowl if the person is injured, bear the cost of medical expenses incurred by the injured person and compensate for any damage.

10. Whoever causes an obstruction by erecting a but or shed at either end of a botang romin shall provide twenty buah and prosis consisting of beras banyu for ngampung nasip. The hut or shed shall be demolished immediately.

11. No compensation shall be paid for individually owned fruit trees which are to be felled in a communal land where a new botang romin is to be built.

12. Whoever takes porang piroka from another person' s land without the permission of the owner shall be fined one pikul. ver is taken shall be returned or compensated.

Cusrosss RELATING TO MOVING HOUSE

(Matters for the Headman's Court)

13. Whoever moves out of a botang romin and removes the roof ridge shall provide takud of two hundred buah and ptosis consisting of a fowl. He shall also bear the cost of repair, if any.

14.-(1) Whoever - pulls down his romin adjoining another person's romin without the consent of his neighbour and the Piayuh Kupuo shall provide takud of -two hundred and fifty buah and osis consisting of a fowl. He shall also bear the cost of repair, if any.

(2) Where the occupants of the adjoining romin are observing a taboo, the offender shall, in addition to the takud and prosis provided in subsection (1) provide takud of twelve buah.

71

15. Whoever vacates his romin without the permission v~ a of the Piayuh Kupuo shall provide takud of one hundred and ro-. fifty buan and prosis consisting of a fowl. In addition, he shall maintain the romin or find another family to occupy it, failing which he shall lose the right to his tibawang.

16.-{1) Whoever attempts to drive away any member DriYiIl8 a...ay

of the botang romin I provide takud of twelve buah. ~ytheme:=, "'mila.

(2) If the member referred to in subsection (l) hereof really moves out, the offender shall be fined one pikul and shall provide prosis consisting of a fowl.

(3) If the romin is left vacant by the owner, it shall not be dismantled but it shall be the responsibility of the offender to maintain it. In addition, the offender shall pay compensation to the owner of the romin so vacated.

17. Whoever, without reasonable cause, vacates a Vaeatin8 a detached bouse in the kupuo for more than six months with- detached . house. out maintaining it and has neither participated nor sent any representative in any communal work shall be given a warning by the Piayuh Kupuo. If that person fails to comply after a lapse of six months, a second warning shall be given. If the person again fails to comply with the second warning after a period of another six months, he shall be given a final warning by the Piayun Kupuo. Upon the expiry of a period of six months after the final warning, he shall lose all his rights to his immovable property in the rimbang badag, The Piayuh Kupuomay allocate all such properties to that person's family members or close relatives in the kupuo.

CuSTOMS R.ELATING TO LMNG IN 1HE Koruo

(Matters for the Headman's Court)

18. Whoever enters another person's romin or bon in Enterill8

the absence of the owner shall provide twelve buah for piluwa', anolh~ If any property is found missing or damaged ~ the material =::. bon time he shall be deemed responsible for theIoss or damage. (piluwa') .

19. Whoever collects his own personal belonging from Colleail18

another person's romin or bon without the knowledge of the C~~ owner of that romin or bon shall provide twelve buah from:Sather for pingabah. ~·s

romm « .

bon (pingabah).

72

Uli 20. Whoev~ uses another person's bouse old property aIIOlher without the consent of the owner shall provide twenty buanpenaa'. bouaehold for pingabah and compensate for any damage caused. propeny .(pillgaboJa).

FIi1iDa to 21. Whoever fails to participate in a kiroja tirukum puticipaIc without reasonable cause shall pay in cash to the community in • kiroja dnlb-. a sum equivalent to the prevailing daily wage rate of the local

people.

GirufG­ 22. ver giruga-girogo another person's romin or lirogo bori shall provide takud of fifty buah. In addition, any damage lDOCher penaa' , done must be made good and any property taken must nnnirJ 01' be returned to the .rightful owner. boti.

Damlling 23. Whoever damages the wall or any part of a romin the wall or bori or any other household property of another person shall aDd othu howehold provide eighty buah and prosis consisting of a fowl for biurak property of and make good the damage done.

penclCl (bumzh).

Desttoyill8 24. Whoever destroys another person 's ' fence either in aDOlhe: e farm or in the kupuo shall provide fifty buoh and prosis per500 ', fence consisting of a fowl for pingasuo and make good the damage (pingcuuo). done.

Setting 25. A n from another botang romin or kupuo is fWIing prohibited from setting or using any kind of fishing apparatus appuanu in • Dver at any strete of a river reserved for another botang romin a1ready or kupuo without permission from the Piayuh Kupuo of that reserved area. Whoever contravenes this provision shall provide fifty (llundung ).

buah for nun dung and remove the fishing apparatus immediately.

Damaging 26. Whoever damages another person's fish pond shall 1DOChe: be fined three pikul for biurah and shall provide compensation per500 ' S fish pond and make good ..~e damage done. (biurah).

SibaraDg 27. Whoever sibarang sun fish from another person's SUD fish from

fish pond shall be fined two pikul. The fish shall be returned llIIOlher to the owner or compensated. persoo"s fish pond.

Uftina 28.--{l ) Whoever lifts another person 's fish trap from aDCICh« its suang shall be fined half a pikul. pers 's fish trap.

73

(2) Whoever sibarang sun another person's fish trap S~ 6l1li

ftom its suang shall be fined one pikul. The fish trap ~ fUh shall be returned to the owner or compensated. :;- •

(3) Whoever sibarangsun fish from another person 's fish Sibarang 11/11

trap shall be fined one pikul. The fish shall be returned or ::m~m compensated. persoa'. tub

trip.

29.-(1) Whoever disturbs another person's bird or . . animal trap shall be fined half a pikul and shall make good ~ n

person s - .the damage, if any.

(2) Whoever takes an animal or bird in another person's T~

trap shall be fined one pikul and the animal or bird shall be ~malfro: returned or compensated. aoocher

persoa'. trap.

30.-(1) Whoever takes vegetables from another person's Taking

padi farm shall be fined half a pikul and provide takud of twelve =~:mr buah, prosis consisting of beras banyu and shall return the person's padi

vegetables or compensate the owner . fann.

(2) Whoever takes another person's pepper, cocoa, rubber Taking

or any other cash crops without permission shall be fined one anOthe~ h

pikul and shall either return them or shall compensate the owner. =::~~ pennis.tioa.

(3) Whoever takes vegetables from another person's Taking vegetablesgarden without permission shall be fined one pikul and from another

shall provide compensation to the owner. persoo's garden.

31. Whoever takes another person's domestic animal Taking

shall be fined one pikul and the animal taken shall either be anothe~ person s

returned or compensated. domestic animal.

32. All domestic animals must be kept in an,enclosure. Domestic

Whoever -conrravenes this provision shall be fined one pikul animals must

and shall compensate for any damage done by the animal. :c=:.n an 33. Whoever injures another person 's domestic animal Injuring

without reasonable cause shall be fined half a pikul and anotherperSOD'S

shall compensate the owner. domestic

animals (ngirana) .

34. Whoever kills another person's domestic animal Killing anotherwithout reasonable cause shall be fined one pikul and shall perSOD'S

compensate the owner according to tile prevailing market price. domestic animals.

S<*DDoDe

:e:.w~: pilalimg

(pWa/tQl tUya').

UIiJIa aDOCb« per-.', wbide « boa without pami.ai0ll (",t1rqHIJt).

hltedai.Ds with « cIearo,iJta IDOCb« ~"

~~ NyDoL

NyoIlI by DOD-

Bidayuh.

74

35.-{1) Whoever pilatieng another on's pati tiboyan or botangpirasu shall provide thirty buan and prosis consisting of beras banyu for pingasung shall ake good the damage done.

(2) If an accident happens as a result of pilatieng, the offender shall be tined three pikul and provide fifty buah and prosis consisting of a fowl for pintahak deya'. In addition. he shall pay all the medical expenses incurred by the injured person and shall make good the damage done.

36. Whoever pisuan another person's fruit tree shall provide one hundred buah for pingasung and compensate the owner.

37.-{1) It is a breach of the custom in some areas to carve a female or male private part on the tibayan in the public pathway. Whoever contravenes this custom shall provide prosis consisting of a pig to the community.

(2) If the carving is that of a female private part and the culprit cannot be identified, the whole male population of the kupuo shall provide prosis consisting of a pig.

(3) If the carving is that of a male tvate part and the culprit cannot be identified, the \}'hole female population of the kupuo shall provide prosis consisting of a pig.

38. Whoever uses another person's vehicle, boat, outboat engine, paddles, sUGh or rimawithout permission from the owner shall providefifteen buan for ngirapuh and make good the damage, if any.

39. Whoever interferes with or destroys another person's paJcuob near or around a fruit tree shall provide twenty buah for pingabah.

4Or-(1) Whoever nyotu in another person's rois without permission shall be fined one pikul and shall compensate the owner.

(2) A non-Bidayuh is prohibited from nyotu. Whoever breaches this custom shall be fined two pikul and the fruits so collected shall be returned to the owner of the rois.

75

41. Whoever plucks fruits from his own fruit tree P1~cki~

in the vicinity of another person's romin or bori without ~~::e informing the person concerned shall provide prosis consisting another of beras banyu. pel"S?O'S

romm or bon (buruh panun).

42. It is forbidden to hang a cursed sign such as uri Hansi08 pajung or Idbang on a fruit tree. Whoever contravenes this cursedrr:gn provision shall provide talrud of five buah and prosis consist- ::c~ t

ing of beras banyu.

43. Whoever climbs another person's fruit tree or claims Qi~ 01:

it as his own shall provide talrud of one hundred buah. The :08 fruit tree and the fruits shall be returned to the rightful owner, per':. If the fruits have been eaten or sold, the offender shall provide ~t tree compensation to the owner. (prngaD).

44. Whoever fells another person's fruit tree shall Fcllins provide two hundred buah for pingasung and compensate the anothc:

penoo •. owner. fruit tree

(pmgasung).

45.-{1) If a group of persons goes out to jikoh jojak p~•. and one of them accidentally falls while climbing, the others ~~ Jikoh who are in the party shall contribute to the medical expenses JO •

incurred by the injured person.

(2) If the injured person dies as a result of the fall, all the others in the party shall provide prosis consisting of a pig, and shall help to pay the funeral expenses.

46.-{1) Every tapang tree is owned by an individual Tapang tree.

pecson or a family. Therefore, no other person is allowed to nyopun it without the consent of its owner.

(2) Whoever nyopuh another person's tapang tree with- Nyopw,

out the consent of its owner shall be fined three pikul. All anothe~ collection from -the tapang tree shall be given back to theowner. ==~ If the collection has been sold or eaten its equivalent value wi~. in cash shall be paid to the owner. pcnnw10D.

(3) Whoever fells another person's tapang tree shall Fellins provide takud as stated below: :::c:.s

• tapang tree(a) mature and productive tapang tree where bee (pmgtUwag).

hives are always found, one hundred buah;

(b) less productive tapang tree where bee hives have only recently been found , fifty buah; and

76

(c) young tapang tree where bees have not settled yet, twenty buah.

Refusing-Io 47. Whoever, without reasonable cause , refuses to act act u as a messenger as directed by the Piayuh Kupuo in times of meueager (pingahall ). need and emergency shall provide twenty five buah for

pingabah.

NJiragut. 48. Whoever ngiragu: any article from another person shall be fined three pikul and shall return the article or compensate the owner.

BrucbiDs a 49. Whoever breaches a promise to produce goods p'OIIlise to offered for sale after a token deposit has been made shallproc!IJu

provide takud of one hundred and fifty buah and shall make loods offered for a restitution of the deposit. sale (buruh pudo').

BreadUDg a so. Whoever promises to buy something from another promise person and has paid a deposit for it but later refuses to carry(buruh pudo1. . on the transaction shall provide takud of one hundred and fifty

buah and shall lose his deposit.

Giving binh 51. A woman who gives birth in another person's romin iD another or bori shall provide prosis consisting of beras banyu to thepersoo's romin or owner of the romin or bori. bori (pinyamar) .

CiraJJDci· 52.-(1) For those who practice the custom of lion. circumcision, a male child shall be circumcised before the age

of twelve years. Whoever is not circumcised after his twelfth birthday shall be excluded from the main social activities in the kupuo especially ritual, ceremony, pingiris-birumiek and marriage within the community.

R.efusiDg to (2) If any child refuses to be circumcised and IUDS away, ~ed. his parents -shall provide takud of sixty buah. .

Tend. 53.-(1) For those who practise the custom of tenek; a female child shall be tenek between the -age of one and ten years otherwise she shall be excluded from participating in the main social activities in the kupuo, especially ritual, ceremony, pingiris-birumiek and marriage within the community.

Re iDg to (2) If any female child refuses to be tenek; her parents be tmd. shall provide takud of thirty buah.

77

j 54. Wben preparation for the ritual has been made. the A>ra­ayaman escapes and cannot be found. the owner shall provide 0ICIpCa.

ttJkud of tbIrty bUDh and prosis consisting of beras banyu .

l f

55.-{I) Whoever incites a dog to attack or bite another lncitiD. a person shall provide fifteen buah for each tooth mark for ~ pinfQhQJc deya ' and shall pay all the medical expenses incurred d4J{J ').

by the injured person.

(2) Ifadog wltbDut being incited or provoked bites another A. cIoa ~ pmon. its owner shaD JXOvide pTOSis consisting of beras banyu, =-::ua iDcludiDg bowl aDd pay any medical expenses incurred by puvobd the injured person. (pitJIDItak

d4J{J ').

56. Whoever damages. contaminates or takes away a DtlDlaina s~k from pingudung shall provide one hundred buah for ~ ). pmgasung. gtJSIIII8

57. Whoever disturbs an offering on the proposed site Di.Iturbiaa for the botang romin shall povide twenty buah and prosis :~ consisting of a fowl for pingasuo. aile for tho

boI4ng romin (pillgalllO ).

SR. Whoever obstructs a public road or foothpath shall provide twenty buah and prosis consisting of either a fowl or betas bonyu for ngampung nasip.

~ IJUbfi~ <:~ 1tGIip).

59. Whoever causes fire which damages the hearth, the CaIISinI fire

poyuh, or any part ofhis romin tbrough negligence shall provide :: takud of tbIrty bush and prosis consisting of a fowl. (panu).

60. Whoever slashes the post or pulls down the otag SluhiDa the

or any part of another person's romin or bori shall provide postdar pul~ two hundred and fifty buah for ngirana, prosis consisting of ~ ~::otbu a fowl for ngirayun and shall make good the damage. pcn?O's .

rollU/l m' bon (nfirana aDd ngirayll1l).

.. 61. Whoever discharges a firearm without reasonable Di.scllargiD8

cause within the kupuo and its perimeter without permission a .~ from the Piayuh Kupuo shall provide takud of fifty buan and ~IIO. ptosis consisting of a fowl. -.

62. Whoever fells a tree near another person's romin or bori without that person's consent and that tree falls onto that person' s romin or bori shall provide takud of one hundred buah, prosis consisting of a pig. All damages shall be repaired or compensated. If any person is injured, the offender shall provide talau:l of fifty buan and pay medical expenses.

Felling a tree

Dear ~er ~= ~ bon (tungkal).

-

._.- ­ - -_ ...

78

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e:c"')n...i ...-tine 1'")"- a. r.o·

~... ""hnG"'Y~ O'#cu" uy v.~·"pun-L.'I-.c'~'H,. ~• ...,-=--.. .:.••~ '-"'1.' wnnrc lW1jninine vc.randah... in A J,..u,u"s rv_d 1 ••11 r.-~._ ,hJ......... v:.-I.-. ~ nt· filtJr ~"U" ~ pr~"~' c ...... ~• ..-Il ....H 1_ ••• , _.~'.J""

71.. """hn. ..... ·~ nJU"'H" ~U~1. ~'"'_''' ~.u..J ...,1...1~... 1.I.n .-La......-l 3I:1A.ll prOV.iOC taAUa uf Ilfiy buull lWU IHUO>W ,""u~bUJ1S of lx;1UJ

banyu. If the person so cursed dies within eight days from the time of cursing, the guilty person shall provide takud of one hundred and fifty buah and prosis consisting of a pig.

Habitually 71. Whoever habitually bikaii and causes disharmony, bikaii. disturbance and feeling of animosity amongst the people in

the botang romin or kupuo shall provide takud of one hundred buan and prosis consisting of beras banyu.

Quarrelling 72.-( I) Whoever starts a kaii with his family members with family .shall provide takud of twenty buah and prosis consisting of members.

beras banyu.

Quarrelling (2) Whoever starts a kaii with members of another romin with in the same botang romin shall provide takud of fifty buahmembers of another and prosis consisting of a fowl. romin.

79

(3) Whoever starts a quarrel with members of another Quurellilll kupuo or botang romin shall provide takudof seventy five buan wr ~ and prosis consisting of a pig. ~:.

(4) If the offender is a Piayun Kupuo or Ketua Masya- QuarrellillB

rakat, he shall provide takud of one hundred and fifty buan in~ol~'1; and ptosis consisting of a pig. (Matter for the Chiefs Court). ~ "PlIO

Muyarabt.

73. Whele both parties to a quarrel are visitors in another QuurcIliDI person's romin or bon, they shall each provide prosis consisting in an~ of a fowl and compensation to the owner. In addition, the party =~ who is found to be at fault shall provide takud of seventy bon. buah and the other party shall provide takud of thirty five buan.

74. Whoever bikilii during a gawia but the kaii does ~III.

not disrupt the proceedings shall provide fifty buan for biurah. =r 75. Whoever disrupts a gawia, which makes it impossible ~ a

to continue shall provide two hundred and forty buan and prosis f=:,.)consisting of either a pig or a fowl according to the type of . gawia for biurah.

76. Whoever bikaii during a ritual and consequently that Ritual Itopped ritual has to be- stopped shall provide two hundred and forty due to a

buah and ptosis consisting of either a pig or a fowl according ~~). to the type of ritual for biurah.

77.-{1) If someone sikakan; kilasor; or rupos on another SiblJrDn, person's awah or tanju because the floor is not maintained, kiJiIIor, 01'

the owner shall provide twelve bUflh and prosis consisting of =-OIl

beras banY" for pintahak deya'. peuon's aMdI 01' tallju (piIIIohak tkya').

(2) If the person who sikakan, kilasor, or ruposon another CursiDa the person's awah or tanju curses the owner, he shall provide takud own«. of twelve buah and prosis consisting of beras banyu.

78. ··Whoever causes disturbance while birili"gku shall Causina a provide sixty buah and prosis consisting of beras banyu for ~gb

biurah and compensation. (biu:a./III

79. Whoever throws a challenge at another person either CII1IonaiDa by word or action shall provide takud of one hundred buah. =rrsOll

80. Whoever enters another person's romin or bori as SittiDa cIowD a yisitor and sits down with the parang still girded up shall with theItill provide takud of six buah. ::t

(biMralt).

80

NglIIJb 81. Whoever ngaab at night while passing another person's while romin or bon shall provide takud of twenty five buah andpusiJII mother prosis consisting of beras banyu. perSOD'S rennin <r bori.

82. Whoever ngirondau while passing through a Jcupuo shall provide takud of twenty five buah and prosis consisting of a fowl.

83. Whoever beats a gong in the manner of an alarm sound without reasonable cause shall provide takud of sixty buah.

Odi bUlraJc. 84. Whoever odibiurahand bi-uru-araat another person's rimbang-badag or romin shall provide takud of one hundred buah.

SS.-{1) Whoever gap ngangam another person shall provide takud of twelve buah.

Ngawak (2) Whoever ngawak another person shall provide takud mother of twenty buah. persOD .

StrikiDI 86. Whoever strikes another person shall provide fifty mother buah, prosis consisting of beras banyu for pintahak. deya' and person (pinlaJtaJc medical expenses. deJa,)·

Figbti 87. Whoever starts a fight shall provide prosis con­(biuraJc). sisting of beras banyu and takud of fifty buah while the other

party shall provide takud of twenty five buan.

88. Whoever punches another person shall provide takud of fifty buan andprosis consisting of beras banyu and medical expenses

Causioa 89. Whoever ridicules or causes shame to ano~ person,shame to shall be fined half a pikul and provide fifty buah for -buruh aDOChcr penon kaya', (bemul kayo').

5mearioa 90. Whoever smears another person'5 "reputation shall be aDOChcr fined half a pikul and provide fifty buah for buruh kaya'. per 's repwbOD (blinds kayo') .

LyiDs 91. Whoever tells a lie or passes false information to (bunds another person causing him embarrassment and inconvenienceskayo') .

shall be fined half a pikul and provide fifty buah for buruh kaya'.

81

92. Whoever spreads rumours shall be fined one pikul SpreadiJrc rumeun.

93. Whoever insinuates another person d causes aa embmassment to him shall provide takud of twenty bUllh. (1IrU'ad).

94. Whoever spits at the person who annoys him shall Npja~ provide twenty bUllh and prosis consisting of a fowl for ~'). pingkaya'.

MISCElLANEOUS

(Matters for the other courts)

95. Whoevercauses a fire which damages a botangromin CauIiq &0

shall be dealt with by the aiminal court, However, the owner = of the romin where the fire starts shall lmmedlately provide 1KJItmf'" • prosis consisttng of a pig. RlIIIiII.

96. Whoever causes the death of another person shall <AuliD« be tried by the criminal court However, the offendershallprovide =.~ prosis consisting of a lead belima immediately to the family . of the deceased.

CHAPTER ill

CuSTOMS RaATING TO FARMING AND INFluNGEMENT OF FARMING RIms

(Matters fOT the Headman's Court}

97. Whoever disturbs or interferes with an area of land DiIlurbiDB which bas been ngawah by another person shall provide one :.men hundred buan and ptosis consisting of a fowl for pingasuo. . other

~" pillgawaJI (pitIgon4o).

98.-(1) Whoever.readjusts the adag without the con- ReadjUltiDa

sent of the immediate neighbour shall provide fifty bUllh and ~~ prosis consisting of heros banyu for tanjug. The sign marking the adag shall be put back to its original position.

(2) If the padi seedlings have been planted or the padi seeds sowed the offender shall, in addition to the takud and prosis provided In subsection (1), compensate the owner.

99.-(1) It is compulsory to have a clear space of one Oearspace dapuh known as oran tokan from the boundary of the adjacent ~ OD!l', farming land. Whoever contravenes this custom shall provide i~' takud of thirty buan and compensation for an damage caused. land. r (2) Whoever makes a padi farm next to another person's 0nD 10m

(taIrfttI)·farming land or garden shall be required to nai oran tokan along the boundary of his farm with that of his neighbour's farming land or garden to prevent fire from spreading. He must

-~-~ - - - - - - - - ­-----.--- ­

82

Oear IplI(:e between ODe', pIdi fum IDd pfdau tII'cran.

Oear IplI(:e ofbialfa

dapsJt ­the bowIdIry with ODe', neilbbour.

aeuiq and feDing aDOCher ~·s

land.

Failiq to inform the owu«.

Ualll aDOCher ~'s

farmina land wiIb­out p«miIsion.

Ualll lIIOlher pee'OD', land foe pIantiJlI penDlllent c:rop8.

Qaimiq lIIOlher peeSOD'S land (pingabl).

A.uistaDce to an injured penOII durilll pillliri6·binlmia.

inform his neighbour of the day he intends to burn his farm. failing which, if the fire spreads to the adjacent farming land or garden he shall provide takud of fifty buah, prosis consisting of a fowl and compensation to the neighbour for any damage caused.

(3) Whoever farms next to a pulau tu'Dan shall be required to make oran tokan of a reasonable width along the irah; to ensure that the fire will not spread to the pulau tu'Dan during nyouh. If he fails to do so and the fire spreads to the pulau tu'aan; he shall provide takud of one hundred buah.

100. It is forbidden to plant crops very close to the boundary with one's neighbour. A clear space of half a dapuh shall be left vacant along the boundary. Whoever fails to com­ply with this provision shall provide takud of fifty buah and the crops so planted shall be removed.

101.-(1) Whoever clears and fells an area beyond his own land shall inform the owner of the area accordingly and compensate him for any damage. However the former shall not be compensated for the loss of his labour.

(2) Whoever fails to comply with subsection (1) shall provide takud of twenty buah.

102.-(1) Whoever uses another person's farming land without his consent shall provide takud of one hundred buah, sasuh and compensation.

(2) Whoever uses another person's land without his consent for planting permanent crops such as rubber, pepper or cocoa shall provide takud of one hundred buah. He shall vacate the land immediately and the crops so planted shall become the property ofthe rightful owner of the land. In addition, he shall provide compensation for the damage done, but shall not be compensated for the crops or loss of his labour.

.... ;. 103. Whoever claims another person's piece of land shall

provide takud of one hundred buah, and return the land.

104.-(1) If any accident happens to a person during pingiris-birumiek: through no fault of another person, the owner of the farm and members of the work group shall contribute to the medical expenses and give whatever assistance necessary to the injured person.

83

(2) If that injured person dies in the farm, the deceased family shall provide prosis consisting of beras banyu to the farm owner. The farm owner and members of the work group sl-.a11 assist in the funeral expenses.

105. Whoever, without reasonable cause, fails to Tapas Failing to

pingitis after he has promised to come to work in another person's r;::; , farm on a certain day shall provide thirty buah for buruh pudo', (bll,::;'

pudo'),

106.-(1) A farmer or a group of farmers shall have Omn omuh. the right to construct oran omuh through another person's land in consultation with the owner. Any fruit trees or crops along the route which have to be felled shall be compensated.

(2) Where a farmer or a group of farmers construct oran Constructing

omuh without consulting the owner of the land he or the 0':o:tlllllh

group concerned shall provide takud or twenty five buab and :UWting

compensation for any fruit trees that have been felled. the land0_ ("gimgap).

(3) Wh vee obstructs another person's oran omuh by Obstructing

, any means shall provide takud of fifty buah. The offender shall aooth~s remove the obstacles and repair any damage. He shall not be =:'1IlIIh. compensated

107. The construction and maintenance of oran omuh Constructing

shall be the responsibility orthe persons who use it. Whoever ~ taini

fails to participate shall be required to pay the others a sum ::: 0"':. in cash equivalent to the prevailing daily wage rate in the kupuo.

IOB.--{l) If person's domestic animal such as pig or ~mestic

cattle causes damage to another person' padi farm or garden, ~ the owner of the animal shall provide takud of sixty buah, =:. prosis consisting of a fowl and compensation for the damage done.

(2) In the event that a sacred plant in the padi farm . is destroyed, the owner of the animal shall provide takud of

one hundred ..buah and prosis consisting of a fowl.::

109.-(1) If a domestic animal causes damage to another Killing

person's padi farm or garden, the owner shall report the matter an~ to the animal owner and the Piayuh Kupuo who shall give ~~ 1 a warning to the animal owner. When three such warnings have auilDl1. been ignored by the animal owner, the farm or garden owner I may catch or kill the animal, after which, he shall inform the animal owner and the Piayuh Kupuo immediately. If the animal is killed, the carcass shall be returned to the animal ownerI who shall then compensate the pam farm or garden owner for any damage.

- - - - - . ~

84

(2) If the owner of e pad! farm or garden fails to info the ow of the animal immediately after killing the animal, he shall provide takud of sixty buah and compensate the latter.

F 'liq to (3) Where the pad! farm or garden owner fails to report. matter as required by subsection (1), he shall provide

tIJIcud of sixty buah and compensate the animal owner if the animal Is Idlled.

110. Whoever damages crops by any means while walldng through another person's farm or garden shall provide

). twEmy buah and prosis consisting of beras banyu for pingasung.

111. Whoever nyokot or ngumud in another person's padi farm shall provide takud of thirty buah; prosis consisting of a fowl and compensation.

112. ver damages another person's suang in a padi farm shall provide takud of thirty buah; prosis consisting of betas banyu; and make ood the damage De. Where padi plants aredesttoyed, the offe shall provide ptosis consisting of a fowl and compensation.

61M11tt. '.

113.-(1) Whoever constructs any kind of fishing apparatus In a stream another person's padi farm sha11 P'Ovide takud of thirty buah; ptosis consisting of beras banyu and compensate the a for the padi have been destroyed. The offender shall dismantle the fishing apparatus imme­diately.

(2) If the farm is underrandung, the offender shall provide takud of one hundred buan and prosis consisting of a fowl.

114. WhQever plucks fruits from his own fruit trees atPIuckiDa fnaiU at tho the edge of another person's padi farm without informing theodac of owner of the farm shall provide ten buan and prosis consisting~

of beras banyu for buruh panun. If the farm is dec randung,~'.s-di farm the offender ovide prosis consisting 'of a fowl.(h pGUIII).

Nyinl in 11S. Whoever nyiru in another person's padi farm shall provide takud of twe ty buah; prosis consisting of beras banyu

" and compensation for any damage done. s-di farm.

- -- --- - -- ------

85

MISCELLANEOUS PROHIBmON OR TABOO

(Matters for the Headman 's Court)

116. Whoever disturbs or destroys another person's tanda ~ or

pingawah shall provide twenty buah and prosis consisting of =-­beras banyu for pingasung. peDllIl'....

~ ~).

117.--{l) Whoever disturbs a bori oran shall provide DiIIwtIiIII thirty buoh andprosis consisting of beras banyu for pingasung. '-i - ).

(2) If the disturbance Is committed during randung the offender shall provide takud of fifty buah and prosis coDSlstiDg of a fowl.

118. Whoever enters a ratau when the area is underparih Bur«iq a

birantu shall provide one hundred buah and prosis consisting ;:=-­of a pig for pingasung. ~).

119.--{1) Whoever breaks another person's whetstone BlWiIll shall provide . buah and prosis consisting of beras banyu ~ for pingasung. ~

~).

(2) Whoever takes away another person's whetstone Tam, away

~ ~ovide fifty buah and prosis consisting of a fowl for =. ptngasung. wIMatoDe

~).

120. Whoever disturbs a taboo sign In another person's ~ a farm during randung shall provide thirty buah and prosis con-~ sisting of a fowl for pinyabul.

121. Whoever ngapit another person's pingawah shall NIfIIIh

provide takud of one hundred and twenty buah and prosis ~ consisting of a fowl and one small jar. :;:maw:,.,

122. Whoever tarik uwi, bayuh or kupak umbung either Tank IIWi,

within or at the edge of another person's farming land during ::: ~ ngawah, weeding or harvesting seasons shall provide takud of (pbrytJat).

twenty buah and prosis consisting of beras banyu.

123. Whoever plants tuka near another person's padi P1aDliDa taka farm or garde shall provide takud of one hundred buah. If (taIfi,.,)·

anybody gets hurt the offender shall provide prosiscons1sting of beras banyu including a gold ring and pay any medical expenses incurred.

124. Whoever defecates in another person's padi farm DefCClliDa in shall provide ten

• buah and prosis consisting of beras banyu ~ _..I.___I'. penoIl'

lor ptnyamar. farm (pirayamar).

----~.

86

EDterilll uother perIOD'. fum durilll rrmdIm, after "yoWl {ftgi1llll'Cft).

BuaIdaa fire at tho adq (tanj",).

UIiq UOlher

~.l.l# ntk .....,....).

DeIuoyi

~ _... pcrSClIl S 1#.­(pbtgGlllllg).

Abeuina the· destruction of1#11Ik.

BeatiDa a::r-ItuqI or (piIryaot).

ShoutiDa taboo wmis (lKI/Q' IDd pillyaat).

DamqiIl8

~':u:tP

Damaging or desecratilll another penon'J tapan baru (pbtyamar) .

EatiDg while waJ.k:inB through another penoo'. padi flll1ll (pillyaat).

12S. Whoever enters another person's padi farm during the randung period of two days after nyouh shall provide takud of thirty buan and prosis consisting of a fowl.

126. Whoever nabun at the adag shall provide takud of thirty buah; prosis consisting of a fowl and remove the rabun immediately.

127. Whoever approaches a person nuruk and does not nurukor mine' before starting a conversation shall provide prosis consisting of beras banyu.

128.-{1) Whoever uses ano~ person's turuk without the consent of the owner shall provide takud of twenty buah, prosis consisting of beras banyu and shall return the turuk.

(2) Whoever destroys another person's turuk shall provide fifty buah and prosis consisting of beras banyu for

• pmgasung.

(3) Whoever abets the destruction of another person's turuk shall provide taJcud of twenty buan and prosis consisting of beras banyu.

129. Whoever destroys another person's lojong shall provide one hundred and twenty buah; prosis consisting of beras banyu for pingasung and cofnpensation.

130. Whoever beats a tree stump or buttress at the irah of another person's farm during the harvest shall provide takud of thirty buah and prosis consisting of beras banyu.

131. Whoever shouts taboo words such as kiruak-kiro­wuong while passing through or in another person' s farm shall provide takud of thirty buan and prosis consisting of beras banyu.

132. Whoever damages any plant used as bunga sikudip which serves as puun bine' shall provide fifty buah and prosis consisting of a fowl for pingasung.

133. Whoever destroys or desecrates another person's tapan baru at the tangkad bine' shall provide fifty buan and prosis consisting of a fowl for pinyamar.

134. Whoever eats something while walking through another person's padi farm shall provide takud of thirty buah and prosis consisting of beras banyu. Where padi plants are destroyed, the offender shall provide compensation.

87

J 135.-{1) Whoever fells a tree which falls onto another Fe1liD. nee at

i ) person's padi farm shall provide takud of forty buah; prosis ::c..edae of

consisting of beras banyu and compensation for any damage .--:. I*ti done. farm (pinytMJI

and baJa').

(2) If the incident happened during randung the offender DuriDa sball provide takud of fifty buah; prosis consisting of a fowl mndlmg.

f and compensation for any damage done. I

136. Whoever walks through another person's padi farm WalkiDa dudDg the period between planting and harvesting of the padi ::: shaD provide takud of thirty buah; prosis consisting ' of beras penoa'. I*ti baIlyu and compensation for any damage done. farm {JafGl').

137. Whoever nubuohclose to another person's farm sball NuIHIoh dose

provide takud of fifty buan andprosis consisting of beras banyu: to an~tip«SOIl s IIlD.

138. Whoever destroys or disturbs another person's ~~g or

sangar shall provide fifty buan and prosis consisting of a fowl ~~­for pinyabul. uqup«SOl1 S

(pinyablll).

139. Whoever brings any game home through apadi BriJl8ing g~

. farm before gawai nyadih is held shall provide takud of thirty ~~ five buan and prosis consisting of heros banyu. deya,),

140. Whoever harvests another person's padi shall HarvestiDg provide fifty buah and prosis consisting of a fowl for pingasung ~ I*ti and return the padi, r::-~

and pinytMJl),

141. Whoever yells or shouts to another person who is YeIliDg or

harvesting shall provide takud of twenty buah and prosis con- :awtiDa sisting of betas banyu. ~

(baJa').

142.-{1) Whoever destroys another person's farm hut DeslroyiDg

while the padi is still in the field shall provide takud of sixty ~ ti

buah; prosis consisting of a fowl and compensation. ~~

(2) Whoever destroys another person's farm hut while DeslroyiDg

padi is still stored therein shaIlprovide one hundred and twenty ~~·s buah and prosis consisting of a fowl for pingasung and com- ::: it ~ede pensation. therein

(pinganmg aDd pinya4J).

(3) Whoever destroys another person's empty farm hut DeslroyiDg after the harvest shall provide takud of thirty buah and com- anod1~

p«SOD spensation. empty fum

hut aftel' harvest,

143.-{1) Whoever destroys another person's empty kurit Deslroyilll

or bari padi sball provide takud of eighty buah; prosis con-~ kII " sisting of a fowl and compensation. ~.~

(sullo').

88

~ • (2) Whoever destroys another penon's /curlt or ban padi GuiI ~. containing padi, sball provide one hundred and fifty buah and ptIdiccmia- ptosis consisting of a fowl for pingasung and compensation. iqJlldi (piftF""'l).

DamaIiII 144. Whoever damages another person's kaiu' shall=.ktJju '. provide ~d of sixty buah" prosis consisting of a fowl and compensation. "

14S. Where both parties ho are visitors in another person's padi farm quarrel, each shall provide prosis consisdq of a fowl. The party who starts the quarrel shall provide (Qkud of seventy buah and the other party shall provide takud of thirty buah.

CHAP1ER IV

CuSTOMS RPLATING TO MATRIMONIAL OR SExuAL MATIERS

(Matters/or the Headman's Court)

Mowah. 146.-{1) The custom of mowan is retained, but if the woman's parents object to such a visit, they may themselves order the man to keep away. If the man insists on visiting, the parents may report the matter to the Piayuh Kupuo. Any person who fails to obey the order of the Piayuh Kupuo shall provide takud of forty buah;

ltIowdi is • (2) The custom of mowah is meant for the BidayuhCUItAlIIlf« community only. /{ non-Bidayuh who contravenes the aforesaidBidayuh COIDDIWIity custom shall provide taJcud of one hundred buah. 0D1y.

PeDalty. f« (3) Any parent who conceals the fact that. a member =~~ of non-Bidayuh community has contravened this custom shall hu COlI- provide takud of eighty buah. travc:oed. the custom.

AbettiDgor (4) Whoever abets or assists a non-Bidayuh to breach usisting DOll­ this custom shall provide takud of eighty buah:Bidayuh to mowah.

Piayuh Kupuo (5) Any PiayuhKupuo who ignores a report or complaint ~~oores from parents or from any member of the" kupuo about a non-

Bidayuh contravening this- custom shall provide takud of one hundred and fifty buah. (Maner for the. Chiefs Court).

C&wiag 147. Whoever damages any part of a romin or boriduring ~e lobo ' mowah shall provide takud of eighty buah and compensation rolllDl or n durillg mowah for the damage done. " (biurah).

EagagemeDt 148.-{1) An engagement period shall not.exceed a year. period. The couple may choose any time within the period to get their

- - - - - - - - - --- - - - - - -

89

r':J maniage solemmzed, Should they decide to extend the period, 1

!. the Piayuh Kupuo shall be informed accordi ngly.

(2) If a man breaks bis engagement, be shall provide Breakiq ..

one hundred and twenty buah for burun puda' and compensate <IN"" I all expenses incurred by the Injured party. The sanda' shall pIIdD'). 1 remain with the woman.

(3) If a woman breaks her engagement, she shall provide one hundred andtwenty buah for buruhpudo' andcOmpensation r to the Injured party for all expenses incurred. The sasda' shall

~ be returned to the man.I r (4) If the engagement is broken due to the man's affair E.appmeat

with anothec woman, be and the co-offendec shall each provide =.::. to

takud of one hundred fifty buah and compensation to the injured party for all expenses Incurred, The sanda' shall remain with the woman.

(5) If the engagement is broken due to the woman's affair with another man. she and the co-offender shall each provide takud of one hundred and fifty buan and compensation to the injured party for all the expenses incurred. The sanda' shall be returned to the man.

149. If the betrothed couple mutually agrees to dissolve MIDIaJ their engagement, the dissolution shall be witnessed by a Piayuh =:, to

Kupuo. elllaaomelll•

150.-{1) If a man refuses to marry a woman without BreadIiDJ a reasonable cause after the date for the marriage hasbeenagreed promiIe to

upon he shall provide two hundred and fifty buah for buruh ;:::').<INI1III pudo' and compensation to the injured party for all expenses incurred. The sanda' and any other gifts shall remain with the woman.

(2) If a woman refuses to marty a man without reason­able cause after the date for the marriage has been agreed upon, she shall provide two hundred and fifty buah for buruh pudo' and compensation to the injured party for all expenses incurred. The sanda' and any other gifts shall be returned. ,

151. Whoever undermines a person's engagement shall UDdenniniD8 aaprovide one hundred and twenty five buan for pinchanu'. :':tD8 e­

(pinclulnu ').

152.-{1) If an unmarried man refuses to marry an un- Refusing to

married woman, a divorcee or a widow after having sexual ~ after alsemrelation with her, he shall provide takud of two hundred and r:.fifty buan.

(2) If an unmarried man is caught sleeping with an CauJ11t . unmarried woman, a divorcee or a widow he shall provide takud sl~with

of two hundred and fifty buah if he refuses to marry her. a w .

~

90

153.-(1) If an unmarried man causes an unmarried woman, a divorcee or a widow to become pregnant and refuses to marry her, he shall be fined one and a half pikul d provide tIlkud of one hundred and fifty buah and maintenance of sixty bUllh per month during the period of her pregnancy.

(2) When the child is born, the man shall be responsible for confinement expenses of five buan per day for a period of forty days. In addition the man shall provide child main­tenance of one hundred and twenty buah per month until the child reaches the age of eighteen years or until he gets married. whichever is earlier.

(3) The man hasno immediate custody of the child until the child is old enough to choose which parent he wishes to live with. (Matter for tI,e Chiefs Court).

CaimiDa to 154.-(1) Whoever falsely claims to have sexual relation :::.e~ with the spouse or betroth of another person shall provide one tbo :u.c ~ huDdred and seventy bUllh and prosis consisting of beras banyu MMJIb« ~ for huruJr kayo'.(IJIUJIII ka}wr ').

O.u.w.. to (2) Whoevec falsely claims to have sexual relation with ba~.e~ .acertain unmarried person shall provide one hundred andseventy ~~ IJIl- buan for burun kaya'. mmiodpeaoIL

ScdudiQll 155. Whoever seduces a woman under false pretence or ::= against her will shall provide forty buan for pimuruk:

Aao'" to 156.-(1) Whoever attempts .to ngagap an unmarried:::::.=. person of the opposite sex sha1I be fined one pi/cul and provide tIlkud of one hundred buah.

AaoqlCiDa to (2) Whoever attempts to ngagap the spouse or betroth ~ IDIJlIB of another person shall be fined one pi/cul and provide one =~r hundredbuah and prosis consisting of beras banyu for pimuruk.

157.-{1) Whoever seduces an unmarried woman who is a visitor in the kupuo shall seek her parent's leave to marry her or in their absence, her Piayuh Kupuo.

(2) If. the case is not reported and is discovered, the offender shall provide one hundred and twenty buan to the girl's parents for pimuruk and prosis consisting of a fowl to the owner of the house.

AIIOmptina to 158. Whoever attempts to outrage the modesty of an=~ unmarried woman, a divorcee or a widow by any means, shall aD WllllllJied provide takud of two hundred and sixty buah. womaa.

~ to 159. Whoever attempts to outrage the modesty of a::::r~. married woman shall provide takud of two hundred and eighty IDII'ried bUllh and prosis consisting of beras banyu. womaa.

91

160. If a married couple living apart on account of a RecoocilWiOll minor dispute and latel reconcile, the party who is asking for after a.

the return of the spouse shall provide prosis consisting of a ::;U~). fowl for antog anjan.

161. If a married couple having been divorced and wish Divorce to remarry, they shallinform thePiayuh Kupuo of their intention couple wiah

and shall provide prosis consisting of a fowl. ~~an).

162. If a divorced couple is found cohabiting without Cobabi!ina informing the Piayuh Kupuo of their intention to remarry, the ~ divorce

couple shall provide takud of one hundred buan and prosis =­consisting of a pig for pingaru ruang mamba'. IIItIIIIba ').

163. Whoevercalls out thenameofa woman to embarrass Makina or to annoy her while passing her house shall provide takud emburusina of thirty buah. =:m:.a

164. Whoever tells the parents of a girl publicly that Giving ~

he wishes to marry their daughter, but takes no action to marry ~1 her after a reasonable period shall provide one hundred buah 1118 •

. for ping1caya'.

165. A widow and widower or a divorce and divorcee Mmiage are prohibited to marry if their respective children are married prOOibition .

to each other. If they do marry each other, each shall provide =:e~ taJauJ of ODe hundred and eighty buah and prosis consisting • of a pig.

166. Where a younger sibling marries earlier than the Mar,rYiJII elder ones, he shall provide a smaIl jar to each of the elder ~~~ siblings and prosis consisting of beras banyu for pintobi. ~s

(pinlabl).

167. Whoever takes awayor entices an unmarried person Enticing an below eighteen years of age to visit another place without the UIIIIWl'iecl consent of his or her parents or guardian, as the case may ~~ '). be, shallprovide fifty buanandprosisconsisting of berasbanyu for pingkaya',

168.--{1) Whoever takes away or entices an unmarried TIkiDB. an

w?man. a divorceeor a widowelsewhereduring.apublic function ::'~lse­without the consent of her parents or guardian, as the case where during may be, shall provide fifty buan and prosis Consisting of beras a ~lic . ~, ~OIIbanyu tor ptng.....Ja . (ping~').

(2) Whoever takes away or entices another person's TIkiDB fiance or fiancee elsewhere during a public function without aooth~ the consent of her fiance or his fiancee shall provide one ~: ~ hundred buan pingkaya'.

and prosis consisting of beras banyu for fiancee e~ where .dun ng a public function (ping~').

~ -- -- - ~ - - - - - - - - --- - - - ­

92

Takiq • (3) Wboev.ez takes away or entices a married woman IIlIIriod elsewhere during a public function without the consent of WOIDIII eIIo­wilen dud. her husband shall provide one hundred and fifty buah and • pIblIc: prosis consisting of beras bonyu for pingkaya' . faDdioa ~').

169. Whoever nyireng into the mosquito net or the bed­room of a couple or an unmanied person of the opposite sex who is asleep inside shall provide takud of fifty buah.

170. Whoever enters the mosquito net or the bedroom of a person of the opposite sex who is asleep shall provide taJcud of one hundred and fifty buah and prosis consisting of beras banyu.

~edq ill 171.-(1) Parents or relatives who interfere in the Ufe::,,: :.:m of the family of their married son or daughter or relative, as (1IIlIlICAar the case may be, shall be fined one pikul and provide sixty -.ba'). buah for manchar mamba'.

(2) If the marriage ends in divorce as a result of the interference, the parents or-relatives, as the case may be, shall be fined two pikul and provide one hundred and twenty buah for manchar mamba'. (Matters for the Chiefs Court).

Mmyiq • 172. Whoever marries a person who is already betrothed ~~ to another shall each be fined one pikul and provide one hundred aDOCber andfifty buah for tunduk tunang to<the injured party. The sanda' (llmdalk and any other engagement expenses shall be settled in

. tIIJIaIW)' accordance with the provision of section 148.

173. Whoever refuses to consummate their marriage after being legally married without reasonable cause shall provide takud of one hundred buah.

T.m.., UIClber 174.-(1) Whoever takes the spouse of another person .:::(tIftiIk shall, together with the co-offender each be fined one and a

aDd Iabart half pikul and shall provide one hundred and fifty buah to tlImbcutg). the aggrieved spouse for tunduk:

(2) If the married couple have any children, the offender and the co-offender shall each provide sixty buah to every child of the said couple who is in the custody of the aggrieved spouse for laban tumbang.

(3) The co-offender shall be required to divorce his or her spouse before he or she, as the case may be, is permitted to marry the offender.

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93

175.-41) .Where a married man causes an unmarried Mmiod mao woman, a divorcee or a widow to become pregnant, he shall caurill8

be fined one and a half pikul and provide one hundred and ~~=). fifty buah for pimpiben. In addition, he shall provide mainten­ance of sixty buah per month during the period of pregnancy.

(2) When the child is born, the man shall be responsible for confinement expenses of five buah per day for a period offorty days . In addition the manshall provide child maintenance of one hundred and twenty buah per month until the child reaches the age of eighteen years or until he gets married, whichever is earlier.

(3) The man has no immediate custody of the child until the child is old enough to choose which parent he wishes to live with.

176.-(1) Where an unmarried man elopes with an un- Eloping with

married woman. each shall provide three hundred and fifty buah an umnarriod

for bitanglcu chawaan to the girl's parents. In addition, the ;::gtu man shall provide prosis'consisting of a fowl. chawaan).

(2) If an unmarried woman elopes with a married man Elopin~ with

each shall be fined one and a half pikul. The man shall provide • (~) one hundred and fifty buah and prosis consisting of a fowl mao . for tunduJc.

(3) If a married man elopes with a married woman, FJoping with

each shall be fined one and a half pikul. 100 man shall provide & muriod

one hundred and fifty buall and prosis consisting of a fowl :=.).for tunduk.

177. Persons within the following degrees of kinship are Tio. forbidden to marry, and incest is committed when sexual inter­course is established between them. Each of the offenders shall be fined and required to provide takud and prosis consisting of two pigs (one of which shall be a boar) and two fowls (one of which shall be a cock) as shown in the table below:

Degree of Kinship Fi1l£ Takud PTosis

a. Father and daughter; mother and son; full brother and full sister.

4 pikul 250 blUJh Two pigs and two fowls.

~-- -- --- ---- -- -..----.---- ~ -- -----..- ­

__ L

94

De,ret 01 K,iNlIip Fu. t... ~4

b. Half broCber aod IiIter, (of tile AIDe moCber but diffemlt fatben or tile AIDe fadler but diffCl'eUt mocben).

3pbl 2<40 bIItIII Two ..... two Iowll.

c. Adopted father aDd adopteddlu&hter; adopted moCbea' ed adopted I0Il: adopted bro~ aod adopCed lister.

2pibll 220 bull Two pip lad twolowll.

d. Step f~ aod Rep daqbter; step moda IUd step 100; step brother aod Itep lister.

2 pibIl 200 bIItIII Two pip_ two fowls.

e. HusbaDd aod motber-in-Iaw; wife aod fliber-iD-Jaw.

2pibd 180 blUllt Two pip_ two Iowll.

f . PIdler and daughter-in-law; mo~ aod son-in-law.

2pibll 180 blUlh Two pip ed two fowll.

g. HUIbaDd aod wife's aunt: wife aod husbaod's uncle.

2pibll ISO buah Two pip .. two fowll.

h. Orandfatber aod grand­daughter; gnudmo~

aod grandson .

2pibd 250 buall Two pip_ 2 fowls .

i. Husbaod aod wife's grand­molher; wife aod husband's grandf~.

2pibll 240 bIUJ1I Two pigs and two fowll.

j . Seep grlDdfalher aod step granddlught.llr; step griDd-IDO~ aod Itep graodIoD.

2pibd 200 buaJa Two pip IDCI two fawll.

k. UocIe and Diece; IIIDt and nephew.

2pibd 180 buall Two pip_ two fowll.

I. Uncle aod Diece by marriage; aunt aod nephew by marriage.

2pibll ISO buall Two pip IDCI two fowls.

m, Wife IUd brother-in-law; husblllld and sister-in-law.

2pibd 180 buall Two pigs and two fawll.

D. A pmoD aDd his first c:ousiD; or a pOllolr 'aod a child of his first cousin; or a persall II1d a child of his second cousin.

2pibll ISO buall Two pigs IDd two fowls.

Prohibited 178. A marriage between the categories of persons depu of specified in the illustrations (b) (i) to (vii) below is prohibited.mmiage However, after performing the nai raban and providing tokzul(mbdn).

of one hundred and eighty buan they may be permitted to marry. For purposes of the said ritual. the parties concerned shall provide two pigs and two fowls. one of which shall be a boar and a cock respectively.

95

ILLUSTRATIONS

A and P are full brothers:

(a) (I)

(ii)

(iii)

(Iv)

(v)

B son of A, Q daughter of P, B and Q are first cousins; C son of B, R daughter of Q, C and R are second cousins; D son of C, S daughter of R, D and S are third cousins; E son of D, T daughter of S, E and T are fourth cousins; F son of E, U daughter of T, F and U are fifth cousins;

(b) (i) (ii) (ill) (iv) (v)

(vi) (vii)

C and R; C and S; R and D; D and T; SandE; E and U; T and F.

179. A Marriage Testimonial may be issued by a M~. Penghulu of the area at the request of the married couple or TeIUIDODiai.

spouse.

180. An unmarried pregnant woman who refuses to name R.elIiIiD& to a man as the father of herunborn child shall be fined one daim. pikul; provide takud of one hundred buah and prosis consisting pmnuty.

of a pig to the community.

181. If a Blday'uh woman marries a non-Bidayuh man MmyiDJ. not in accordance with Bldayuh custom, she is deemed to have DOB-Bida~ relinquished all her rights to the tana nyomba; jojak nyomba ::.:: and all the other properties which are commonly owned by with Bidayub the people of the kupuo except land (whether titled or untitled), ClUtOID.

fruit trees, rubber garden or other cash crops which belongs to her parents.

182. ,A rambang who breaches the mourning pr-ohibition B~

period shall Provide prosis consisting of a fowl to the family of ~IJI of the deceased. pen

183. Whoever has sexual intercourse with a rambang Nyaiok IamMr. within the widowhood or widowerhood prohibition period shall each provide a sum of forty buab and prosis consisting of a fowl for nyatak lamur.

184. Whoever has sexual intercourse with the deceased's Pingagar fiance or fiancee within the six months restriction period shall IamMr. each provide forty buah and prosis consisting of a fowl for pingagar lamur.

. ..

I

96

185. A marriage between a deceased wife's sister and her former husband or a decased husband's brother and bls former wife is permissible after undergoing a ritual ceremony presaibed in the adat. For purposes of the said dtual, the parties concerned shall provide prosis consisting of a fowl.

186.--{1) Whoe~ marries within the restriction period of six months following the death of one's fiance. or fiancee shall provide forty buah and prosis consisting of a fowl to the family of the deceased for tundu1c sibayan.

(2) Whoe~ marries within the widowhood or widower­hood restriction period of one year following the death of one's spouse with the consent of the deceased spouse's parents or relatives shall provide forty buah and prosis coMisting of a fowl for tunduk sibayan. However, if the widow or widower marries without the consent of his or her former-in-Iaw, be or W shall provide eighty buah and prosis consisting of a fowl for tunduk sibayan.

ADULTERY

(MdtteTS for the Chiefs Court)

AtteJqJCina to 187. Whoever attempts to commit adultery shall be fined commit half a pikul and provide fifty buah for pimuruk.~ (pimMn«).

ADeliDa 188. Whoever falsely alleges his or her spouse to have aduItay committed adultery shall provide thirty buah for tQnus.(faIUU).

Committi~ 189. Whoever commits adultery in another person's::::= !II romin or bon shall each provide forty .buah and prosis con­~'. ,.. sisting of a fowl for pinyamar to the owner of the romin or or bon bori: (Pin,-r).

Adubcry 190.-(1) Whoever, being married conceals the fact of arisi~Dtof the marriage from the person be bas sexual relation with shall ~eWtiDg be fined one and a half pikul, provide takud of eighty buah marriage. and prosis consisting of a fowl.

(2) ~ .offender shall pay the fine, takud and prosis in respect of the co-offender. In addition. the offender shall provide one hundred buah to the' person lied to for buruh pudo'.

Adultery with 191. Whoever being a pinamicommits adultery with his hoet or hostess or her host shall each be fined two pikul and providehostess.

takud of one hundred buah and prosis consisting of a fowl.

Adultery with 192.--{1) If adultery is committed between an unmarried lDOlher person and a married person, each of them shall be fined one pasoo's

and a half pikul and provide takud of one hundred buah andspouse. prosis consisting of a fowl.

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(2) If adultery is committed between persons who are Adultery

both married, each of them shall be fined one and a half pikul bet...~ ho

and provide takud of one hundred and fifty buan and prosis :"'~W consisting of a fowl. DWried.

193. Whoever commits adultery more than once with Repeated

the same person shall be fined one and a half pikul, andprovide ~ery one hundred and fifty buan for ngirajang tuie'. ::'1:'.):8

194. If at the time of divorce proceeding, one Party~itilll (applicant) names a person whom he or she suspects is respon- with c?c sible for the break up of the marriage, his or her allegation =~ sbaIl be recorded. If within one hundred days, the other party rcIpOIIdent.

(respondent) cohabits with or marries the suspected person, each shaD be fined two pikul and provide takud of one hundred buah to the aggrieved party. In addition, each shall provide laban tumhang in accordance with the provision of section 174.

195. A community leader who commits adultery with Adultery '?' another person's wife or husband or any unmarried person shall ~mmunrty be fined four pikul and provide takud of two hundred buan cr.

and ptosis consisting of a fowl. While the co-offender shall be fined one and a half pikul and provide takud of one hundred and fifty buah.

DIVORCE

(Matters for the Chief'S Court)

196.-(1) Divorce may be granted on any of the following Divorce grounds- (biposan).

(a) mutual consent, on the condition that such a Mutual

divorce is conducted before a Penghulu of that area who =t shall then issue the Divorce Testimonial; bipo$Q1l).

(b) desertion of one of the spouses who travels or Desertion.

stays away in another place without providing any form of maintenance or without stating his whereabout where­by no contact could be made with that person for a minimum period of two years;

(c) adultery of one of the spouses; and Adultery (biontbal).

(d) any other grounds which the Native Court con- Other

siders reasonable. grounds.

(2) The Native Court shall only have jurisdiction to grant Native

divorce to a married couple whose marriage was solemnised ~~:s . according to the Adat. jurisdi~on to

. grant divorce.

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AbettiDgto 197.-(1) Whoever abets another person's spouse to cause diveree cause a divorce shall be fined one pikul and provide fifty buab(piIJ€hanu ').

for pinchanu'.

(2) If the maniage ends in divorce the person responsible shall be fined two pikul and provide one hundred and fifty buan for pinchanu '.

Tempon.-y 198.-(1) Temporary separation of not more than six sepuatiOD months may be granted by the Native Court to a couple who ("ganIfIng maku). wish to divorce to allow them to reconcile.

(2) Whoever refuses to reconcile, shall be fined one pikul for divorce and provide sixty buab for ngantung malai. In addition, the guilty party shall provide maintenance in accordance with the provision of section 205.

Quarrel 199. If a quarrel between a married couple leads to a bet~een a divorce, the one who is at fault shall be tined one and a half ~d!l~ pikul and provide takud of sixty buah and maintenance in a divorce.

Divorcing a wife during . her'pregnancy (Pimasl).

Divorcing a wife without reesonable cause (pimtm).

Divorcing a bum-nd with­out reason­able cause during pregnancy.

Biposan between a noo-Bidayub busband and a Bidayub wife.

Divorce Testimonial.

accordance with provision of section 205.

200.-(1) If a man divorces his wife during her preg­nancy, he shall be tined one and a half pikul and provide one hundred and fifty buah for pimasi and maintenance of sixty buah per month during the period of pregnancy.

(2) When the child is born, the man shall be responsible for confinement expenses of five buah per day for a period of 40 days. In addition he shall provide maintenance in accordance with the provision of section 205.

201. If a man divorces his wife without reasonable cause he shall be fined one and a half pikul and provide one hundred and fifty buan for pimasi and maintenance in accordance with the provision of section 205.

202. If a woman divorces her husband without reason­able cause during her pregnancy she shall be fined one and a half pikul and provide takud of one hundred and fifty buah and maintenance in accordance with the provision of section 205. .•

203. If a non-Bidayuh man marries a Bidayuh woman in accordance with Bidayuh custom and later .divorces her, he shall be tined one and a half pikul and provide takud of one hundred and fifty buah. In addition, he shall pay expenses for her transport, board and lodging while returning to her parents and provide maintenance in accordance with the provision of seciton 205.

204. On the dissolution of marriage, a Divorce Testi­monial shall be issued to the respective parties.

100

(a) movable such as gongs , jars, shotgun or other heirlooms: and

(b) immovable such as land (titled or native cus­tomary land), fruit trees or a house.

(2) Property may bo­

(a) personal to an individual in the family;

(b) jointly owned by members of the family; or

(c) exclusively owned by a married couple and their children who are members of that extended family.

(3) In as far as the property of the rawang is concerned each member of the rawang irrespective of age or sex, has equ al right thereto. Any decision to dispose of any ofthe common property of the rawang must have the consent of every member concerned. The proceeds from such a disposal shall be equally shared among all members of the rawang,

208. Tung1cu abuh is an item of value which may be sen by the arents before the family property are distributed

amo the members of the household The item may be an old jar or set of gong, a shotgun or a rubber garden' or a piece of land, or any other valuable property of their choice. Such an item shall be inherited by whoever cares for the parents until their death and who will keep the continuity of the tradi­tional puun rawang.

209. The parents shall have the right to decide which of their children shall be given a certain property. When the parents decide to distribute their family property among their children. the proceeding shall be witnessed either by the Piayuh Kupuo or the Penghulu of the area.

Rigbr. to 210.--(1) A full or an adopted sibling shall have equal parenti' rights to the parents' property.property.

(2) A half sibling or a step sibling shall have equal rights to the parects; operty acquired since the time they become members of the parents' 'romin aron.

Disposiua any 211. Whoever disposes any inherited property before it ~an has been formally distributed among the 'heirs shall provide property. takud of one hundred buah and compensation to the other

beneficiaries.

~yi D& 212.-(1) After the distribution of family land, any fruit :W~~WDed trees found in any of the affected land so divided shall still (jt# 1I)IlIIIIf:a). remain the joint property of the members of that family. If

101

the person who now owns that piece of land cuts down the fruit trees without permission of the other co-owners, he shall provide takud of one hundred buah and provide compensation to the other co-owners for the loss of the fruit trees.

(2) Whoever among the co-owners pluck fruits from a Pluckilli

communally owned fruit tree without permission of the other fruits from a

co-owners shall provide takud of fifty buah. ~=I~r tree.

(3) Whoever climbs a fruit tree owned in common by Climbi lll aDd the descendants of that family and plucks its fruits without plu~ informing the other co-owners shall provide takud of fifty buah ~ fruir andshall lose his right to that fruit tree in the next fruit season. tree.

In some areas the 'offender and his puun shall forfeit their ownership to the fruit tree.

(4) The rights of the co-owners to the fruit trees are recognised only as long as the original trees are there. Whoever, other than the rightful land owner, plants new fruit trees on the land shall provide 1iJJau1 of ten buah and all such fruit trees shall become the sole property of the land owner. He

. shall not be compensated for the fruit trees or the loss of his labour.

213.-{1) The distribution of property of a divorced I5istribution

couple shall be carried out under the SUpervision of a Piayuh ~fll~ v ~~a n.upuo. divon:e.

(2) Any inherited property (real or personal) shall be Inherited

reverted to the original owner. However, the inherited property ~y (rota

of the party who is at fault shall be awarded to his or her 0 •

children. If the children are still minors (below eighteen years old) then the property shall be administered and held in trust by the close relatives of the children under the supervision of a Piayun Kupuo until they attain the age of eighteen years or until they gel married, whichever is the earlier. The party who is at fault can only have the inherited property, if he or she is en sted with the custody of his or her children under section 206. 0 ­

(3) Any acquired property shall be divided equally among Acquired

all members of the family, including the. baby in the womb, t:ry (rotc

where applicable.

(4) Any product or income derived from the development Produ.1 or

of the inherited property of the party who is at fault during ~C?I: fro

the subsistence of the marriage shall be divided equally among ~~ted m all members of the family. If the couple have no children, property.

the owner of the developed inherited property shall compensate the other members of the family according to their respective

-~-- ~' - --- - - -- -.... ­~

~

102

Property of deceased IpOUIe with­out all .issue (abvolt) .

~of widow or widower.

Propecrty 01 • ; 01

(abMoIa boMa).

shares in the development of the property. On the other hand, if they have children, the party w 0 is at fault shall only take his or her share in the inherited property in accordance with the provision of subsection (2) hereof.

(5) The property of a person from a previous marriage shall remain the property of his or her children from that marriage and his or her children from his or her subsequent marriage have no claim to it. However the children of his or bee previous marriage have rights to the property acquired during the time they stay with him or her.

(6) In the case of the property involving a titled land, the transfer of title and interest in respect of that land shall be made in accordance with the provisions of the Land Code (Cap. 81).

214. The property of a deceased spouse shall be dis­tributed as follows:

(a) if a widow or widower is married into the deceased spouse's rawang and has no issue, he or she is not entitled to claim any share of the inherited property unless:

(i) he or she agrees to adopt a child of the deceased wife's or husband's relative; and

(ii) he or she agrees to stay in the deceased family's rawang;

(b) if the widow or widower leaves the deceased's rawang, he or she is not entitled to the inherited property, except his or her share of the acquired property.

215.--{1) If a widower or widow dies before remarrying and has not adopted a child, all properties acquired or inherited shall be divided equally between his or her next closest relatives.

(2) If a widower or widow has adopted a child before he or she dies, all properties shall go to the adopted child If the adopted child is still a minor (below eighteen years old), then the property shall be administered and held in trust by the natural parents or the close relatives of the said child until he or she attains the age of eighteen years; or until he or she gets married, whichever is the earlier.

(3) If a widower or a widow has not adopted a child before he or she dies, but there is a person who takes care of him or her till death. his or her property shall be inherited by that person.

216.-(1) If a person dies abuoh bowa his property shall be inherited by his parents.

103

(2) If the deceased has no parent, the Piayuh Kupuo shall distribute the property equally among the deceased's next closest relatives living in the same kupuo.

(3) If the deceased has been looked after till his death by someone or by a family, his or her property shall be inherited by that person or that family.

CHAPlER VI

CuSTOMS RELATING TO DP.A11IS, BURIALS, AND

M1scELANNEOUS Rssrarcnoxs

(Matters for the Chiefs Court)

217.-(1) It is the adat either to cremate the dead body CremabOO in a designated area known as tinungan or bury it in a com- aDd buril1.

munal cemetery.

(2) Whoever contravenes subsection (1) shall be fined three pikul and provide takud of two hundred buah.

(3) Where the dead body is buried in another person's land without permission of the owner, the offender shall provide prosis consisting of a pig. In addition, the offender shall ex­hume the remains of the dead and rebury it in a communal cemetery.

(4) Any person who allows a dead body to be buried on his land, shall be fined three pikul and he shall provide takud of two hundred buan and prosis consisting of a pig.

218. Whoever fells a tree which falls within the area Felling a tree designated as communal cemetery shall be fined one and a ~ lhe lide half pikul and provide eighty buab and prosis consisting of (w:;:eterJ. a fowl for tungkal sibayan and compensate for any damage. nbayan).

219. Whoever causes a fire to damage a cemetery shall e-iDa fire be fined one and a half pikul and provide one hundred and to damqe a

sixty buab and prosis consisting of a pig for tungkal sibayan = and compensate for any damage. lihayarJ).

220. Whoever defaces a grave or in any way shows DefaciD& a disrespect to a grave shall be fined one pikul and provide sixty ~ve buah and prosis consisting of a fowl for pinyamar and com- (P~). pensate for the damage. -<

221.-(1) Whoever without lawful authority excavates ExcavMiJla a or exhumes human remains from a grave shall be fined three pave pikul and provide two hundred buah per human remain and ~=. provide prosis consisting ofa pig for tungkal sibayan. In addition, he shall provide compensation or make good the damage to the grave.

--~ - - - -- - -- ­

104

Cauaiua obItIuc:tion to a pelb Ieadi... to a

<:I sibayan).

ailllbiDa a tree near the house where a corpse is lyiDa-iD-stare.

0imbiD& a fruit tree duriq biMIbi.

Gc:iIlg '> wmt::e~~ of a person.

DyiDa m ~"'-bo'~1'11_ or n (pirIyamar).

TakiDa a licit pcooo to an­~ pcooo'. 1'11"';" or bon (pDIyamar).

Takilla a

~~. romin Of bon (pinyamar).

Usmg another penon's river or land trans­pM ftr caD)iog a corpse (pinyamar) .

(2) If the excavation or exhumation is carr! out pur­suant to an order of the court or any lawful authority, the relevant governmental authority or agency or COmpany. as the case may be, shall provide ptosis consisting of a pig and pay for the costs of making good the gr ve.

(Matters for the Headman 's Court)

222. Whoever disturbs or takes away any baya' from a grave shall be fined two pikul and provide takud of one hundred and fifty buah and ptosis consisting of two pigs. In addition, he shall replace or return the baya' to the said grave.

223. Whoever farms or makes a garden on the site of a disused cemetery shall be fined two pikul and provide takud of ooe hundred and sixty buah and prosis consisting of a pig. In addition, he shall provide compensation for the damage"done and vacate the land Immediately.

224. Whoever causes obstruction to a path leading to a cemetery shall provide sixty buah and prosis consisting of a fowl for tungkal sibayan. In addition, the offender shall either clear the path or pay for the cost of clearing it

225. Whoever climbs a tree near the house where a corpse is lying-In-state shall provide takud of ten buan and prosis consisting of beras banyu.

226. It is forbidden to climb a fruit tree in or around the rimbang-badag during bisokui. Whoever contravenes this section shall provide takud of ten buab and prosis consisting of beras banyu.

227. Whoever, being in the same botang romin as that of the deceased. goes to work on the first day after the death of a person shall provide prosis consisting of beras banyu.

228. If a person dies in another person' s romin or bori, the family of the deceased shall provide prosis consisting of a fowl.

229.-{1') Whoever takes a sick person to another person's romin or bori shall provide prosis consisting of a beras banyu.

(2) If a dead body is taken to another person's romin or bori, the deceased's relatives shall provide prosis consisting of a fowl.

230. Whoever uses another person's boat or vehicle to transport a corpse shall provide twenty buah and prosis con­sisting of beras banyu for pinyamar.

105

231. Whoever organises a party or celebration in the CeIebnlioa

kupuo during the bisokui without the consent of the deceased ' s = family shall provide ptosis consisting of a fowl. .

CHAPTER VII

Aoorno»

(Matters for the Headman's Court)

232. Whoever wishes to adopt of eighteen years in accordance with

a the

child below adat shall

the age AdqItiOil by

comply =(~ with the following: .

(a) pinarang to be made by both the natural parents or guardian and adopting parents of the child in the presence of a Piayuh Kupuo; or

(b) gawai bisasab.

233. The adopting parent or parents shall obtain a Testi- Testimonial monial of Adoption from a Penghulu of the area. of Adoption.

234. An adoption carried out pursuant to section 232 Reg~OD may be registered in accordance with the provisions contained of adopOon.

in the proviso to section 6(3) of the Adoption Ordinance (Cap. 91).

235.--{1) If the adopting parents drive away or disown Driving away

an adopted child without reasonable cause, that adopted child :i1~opted shall be entitled to a share of both the inherited and acquired . properties of the parents.

(2) If an adopted child abandons his adopting parents AbandoniQl

and returns to his natural parents or guardian without reasonable adopto: cause, that adopted child shall only be entitled to a share of pare .

the property acquired during the period of his adoption. (Matter for the Chiefs Court).

236. If an adoption is annulled, the distribution of pro- Distribution

perty shall be carried out in the following manner: _ of property . . following an

sanulment of (a) any inherited property (real or personal) shall adoption.

be returned to the original owner;

(b) any acquired property (real or personal) during the subsistence of the adoption shall be divided equally among all members of the family; and

(c) any income or product derived from the development of the inherited property during the sub­sistence of the adoption, shall be divided equally among the members of the family.

106

TllItimoaial 237. An adoption under the Adat may be annulled by ~~ the Chief's Court which thereupon issues a Testimonial of o OD. Annulment of Adopanent

CHAPmR vm

OlberBidayub 238. An action or suit in respect of any breach of other CUItOms. Bidayuh customs recognised by any section of the community

but not expressly mentioned or provided for in the precedlDg provisions of this Adat Bidayuh 1994 may be instituted by any person in any Native Com having original jurisdiction OVl"J' suchmatter and the com may impose such penalty. award such compensation or make such order as it may consider appropriate in the circumstances.

APPENDIX

For the purpose of this .Adat Bidayuh 1994. tile following forms shall be printed and distributed to tbe various Districts in Sarawak for use of tbe Ketua-Ketua Masyarakat in the areas under their jurisdiction:

107

No. /19•••••• 108M A

AlJATBmAYUH 1994

~n.n..a.w.

(Secdaa 119)

. rrlS HBIlEBY CER'I1PIBD .... lbo ....: BEnt'BBN-­

~ .....__._--- ---_.......-. ~.<=n No. .

.Ap:-------_...--._---­

~:--------_._....~ .. ~: ---'---'--'--'--'---"

NuDe... . ._._... ..

I'delIIity Card No. __• •

Ato:----.--...-------. ----_._ ... _-----_.s...- mW'1fe01: CIJIIIIic-' ------------.A.ddnlII: . .

_ daly pccfca.... ill wid!. AdIlBidayub • . ...... .~

_ dae.._ ..._ .... -.--...- ...-.-. day m .... ..._.._. _

fa die pI'UllIIoCO «­(fIaD·DaIDIlI ad ~ «two__ who - p.-.die...u.,.~)

Nmw ~ If ,..,."... SipAII!",

~ 1. . ._.

-_...-----_.........._-- ----_.-. ...... JIIll- t1/

PMfIaJM ~--_.__....._..._..

108

PORMB No. •••.•••••••••• Jl9••._.

ADAT BB>A'fuH 1994

DIvomI 1'Bnaacw.

(Seeaa. 21M)

rr ·15 IIBRBBY CIlR'IlHBD .... tbo ......: BEI'WIlBN--­

N .__.

IdeIIitJ CInI No. ---------••

Ap:_-------_._--_. ----_._--­o ....... . A.Me.: •

N~----------------.IdIEly CInI No. .

Ap;------------_.Oi ...... . .__.

AddIeII: .

....._ __ _---------_._-_. N_ be /lIB-~ t1/p..,w.

DaMtl ._. •

J09 .

IORMC No. .119••••••

ADAT BIDAYUH 1994

'IWnIaIIw. (II' ADClI'nlIII

(Sedioa 233)

nus IS TO CER11PY M: _._ _ _ __.._..._ .._ .

ldo.Dty CadIBiIda Celt. · ·No. .Aao ..,......... 01 (1) LC. (N..u f1IbItJd

Ganiu-)

{2) LC. (N ~)

baa beea adqUcl by:

(3) .. LC. . (JIdaptiq fIdI«)

(4) LC. (AdqlGq ~)

01 (1Idckea) . ia willa Adat Bidayuh.

IN WI1NBSS WIIBRBOFdIe laid .....~~Mdlldapciq ...... have .peeI daeir ... u followr.

(1) N_ ad IipIDn 01 umnJ flabKlpIldiaD. ._...... .._. •

(2) N.- ad IipIDn 01 ..eunl mocber ........ .......__._........ •

(3) N_ ad Iia..mre 01 acIqlciq fIIber _.;,. ._....

(4) N_ aad IipIDn olldopldc IDlIlber ._ •

.. die prIIeKO 01 two __ who WCI'O peIaIt • die acIqlciq y:

N- NJdreu SiptllMf'fJ

(1) __._.__ • .. _................... .. __ _ .._ _ _.

(2) - _ - .

1he adopciCll ceIeIDCla)' _ performed .

.......................................... CIl die day 01 .: ..

Before me,

DtzI«I ..

110

IOIIMD No .119••••••

ADAT BmAYUR 1994

1'M1waIaAL or AIonJuaIrr 01' .ADomoN

nus IS TO CBIl1lFlED dial !be lIdopIioa 01­

Name: .

~ty c.dIBirdl ~. No .

Sea: .

Ace: Ware .

....... . OD !be day 01 19 ..

•..........................................................................................................

DaI«l ..

111

Made this 12th day of April, 1994.

KIT SU LEN, Clerk ·to Majlis Mesyuarat

Kerajaan Hegeri

- ""'- --­

112

DICBl'AK OLEH PIlRCBl'AICAN NASIONAL MAlAYSIA BBRHAD. KUCHING. SARAWAK BAClI PIHAJC DAN DIlHOAN KUASA Pl!ltJNTAH KI!RAJAAN