KOTA KINABALU: The Sabah Legislative Assembly has passed an amendment to harmonise civil and syariah adoption laws.
The Sabah State Assembly unanimously passed the amendment to the Adoption Ordinance 1960 to replace Section 23 that states that the ordinance does not apply for Muslims in the state.
The amendment, tabled by Women, Health and People’s Wellbeing Minister Datuk Julita Majungki, ensures that Ordinan Pengangkatan 1960 (Adoption Ordinance 1963) will no longer apply to Muslims, and would give the full effect to the state’s Muslim Adoption Enactment (Enakmen Pengangkatan Orang Islam 2024) that came into force on Dec 26, 2024.
The Enactment empowers the Syariah Court to issue adoption orders and sets out specific conditions, consent procedures, and restrictions for adoption among Muslims, she said.
She said that Section 23 of the Ordinance had previously prevented the application of any other law, including the Enakmen Pengangkatan Orang Islam 2024.
The amendment replaces Section 23 with a new provision; “This Ordinance shall not apply to any person who professes the religion of Islam either so as to permit the adoption of any child by such a person or so as to permit the adoption by any person of a child who according to the law of the religion of Islam is a Muslim.”
Julita said the amendment was crucial to harmonising civil and Syariah adoption laws in Sabah by removing overlapping jurisdiction and ensuring Syariah courts have clear authority over adoption matters involving Muslims.
The amendment is backdated to Dec 26, 2024, aligning with the enforcement of the Enakmen Pengangkatan Orang Islam 2024.
Earlier, the State Assembly also passed the amendment to the Public Holidays Ordinance 2026 to be aligned with the federal Holidays Act 1951 (Act 369).
The amendment to the state ordinance inserted the additional phrases to the words “the public holiday” with “if such day is already a public holiday, then the day following shall be observed as a public holiday.”
When tabling the bill, Assistant Minister to the Chief Minister Datuk Joniston Bangkuai explained that if a holiday coincides with another public holiday on a Sunday, it will automatically be carried forward to the following day.
“This ensures that the implementation of substitute holidays is carried out in a consistent manner without causing confusion.
“The amendment provides clarity to public servants, bank institutions and the public in determining substitute holidays when overlaps on Sundays,” he said.
