Introduction To Application of Customary Law In Sabah1

Customary law is the law of the local people as developed and handed down from time
immemorial. The word adat is widely used in Southeast Asia ,the meaning of this
particular word is customary law. Adat is usually regarded highly by the locals who pratised
such customary laws are often they expect outsiders to do so when they come to their living
area. The main differences between a law and customary law is that law is a rule of which a
judicial court takes cognizance, punishing its infractionwhile customs law punishes in its own
manner those who disobeys it,as the distinction once provided by Owen Rutter. The native
customary laws ,just like the common law are also built on certain sets of broad and
generally accepted principles. But, there are, however, important variations of customs from
district to district and even within a district itself. The variations are more pronounced in
respect of certain aspects of customary law, for example marrieges,adoptions and
succesion.2
In order for customary laws to be recognised, four conditions must be met . These
conditions the native law must be part of a long-established history and it must be
continuous and not broken or interrupted from one generation to the next. It must also be
adhered to be respected and observed and the native law system must possess the authority
to impose sentence on an individual who violates those native laws.

http://www.lawteacher.net/equity-law/essays/founder-history-of-native-customary-law-essays.php

http://mbs.sarawaknet.gov.my/addeditlawreport.php?type=reference&action=open&id=13223937144927948
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