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 Ketua­
Ketua 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.
ii
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 farm­
ing 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 marriage­
able 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 main­
tenance 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.
iv
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 relation­
ship 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,
v
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.
. - ~ - - . ' - - - ~ ~ . ­
vi
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).
- - - - ~ - ---- - ~ ~ = - ~ .. - - - - ~ -
36
AutbariIed
venie. «
Adat
Bidayuh.
0rtI.
No. W112.

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 nati ve
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.
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
37
SCHEDULE
(Article 3)
ADAT BIDAYUH, 1994
(Authorised Engl ish 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.
- - ~ - ~ - - -- - - - - ..
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
~ c t i o n
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.
41
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).
42
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 pmnanmt aops.
.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.
43
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 (tanj ug).
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. ~ y i n g 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 sexual relation with acertainunmarried
person.
ISS. Seduction under false pretences ipimuruk),
156. --{l) Attempting to ngagap an unmarried person,
(2) Attempting to ngagap another person'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
~ e t i o "
181. Mmying a non-Bldayub mannot in accordance with Bldayuh
custom.
182. Breaching of m . g peri od.
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-in­
state .
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 long­
house · (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 con­
sequently resulting in poor health or harvest (DIU, gogoh­
komah; 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, loin­
cloth 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 relation­
ship between parents whose children are married to each
other;
"dapuh" (Kuching and Serian) refers to the
measurement indicated by the span of both arms out­
stretched 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 (Kuchi ng 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 publi c 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 dl­
Pertua 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 o u ~
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, u j a k ~ u o k ; 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 groupof 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) meansto 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 adat ngurid; 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 war song (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 ill­
feeling (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 disrespect­
ful (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, 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 ofrecipro­
cal 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 takudfor 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 banuh­
sawun; 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. ~ p u u n 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" (Seri an) 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);
"ti bawang" (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
( L u n d U , ~ 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 val uabl e
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 bi s 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 Kuchi ng) 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 rominis 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 j oin the botang
romin;
(c) allocation of romi n; 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 main­
tenance 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 indi vidually 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
pt osis 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 shal l also bear
the cost of repair, if any.
(2) Where the occupants of the adjoining romin are
observing a taboo, the offender shall, in additi on to the takud
and prosis provided in subsection (1) provide takud of twelve
buah.
71
15. Whoever vacates his romin without the permissi on 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. the me:=,
"'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',
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
owner of that romin or bon shall provide twelve buah from:Sather
for pingabah.
romm «
.
bon
(pingabah).
72
Uli 20. W h o e v ~ uses another person's bouse old property
aIIOlher
without the consent of the owner shall provide twenty buan
penaa'.
bouaehold
for pingabah and compensate for any damage caused.
propeny
.(pill gaboJa).
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-gi rogo 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 wal l
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 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
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
trap shall be fined one pikul and the animal or bird shall be
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
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 permissi on shall be fined one h
pikul and shall either return them or shall compensate the owner. =::
pennis.tioa.
(3) Whoever takes vegetables from another person' s Taking
vegetables
garden 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
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 another
perSOD'S
shall compensate the owner. domestic
animals
(ngirana) .
34. Whoever kills another person's domestic animal Killing
another
without 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 consisti ng 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
in the vicinity of another person's romin or bori without
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- t
ing of beras banyu.
43. Whoever climbs another person's fruit tree or claims 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 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 •.
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
collection from -the tapang tree shall be given back to theowner. ==
If the collection has been sold or eaten its equivalent value
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 shall
proc!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 the
persoo' 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,
~ e d . 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, especi ally 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>ra­
ayaman 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 shaDJXOvide 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
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.



1tGIip).
59. Whoever causes fire which damages the hearth, the CaIISinI fire
poyuh, or any part of his 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
two hundred and fifty buah for ngirana, prosis consisting of
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
from the Piayuh Kupuo shall provide takud of fifty buan and
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
bon
(tungkal).
-
._.-­ - -_ ...
78
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onAll m'OVlOG b·,·ar• .. . 01 L" II• • £''- nf'- either
Q PII: or Q rOVVA ,.. ·..-..-..,.·.-t i n e t .... tIllC'". of e.-rMtl'iIz tn... pilQNzhuL
,..,.._ \hr"hnor..-v¥r :any ........
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e:c"')n...i ...-tine 1'")"- a. r.o·
O'#cu" uy • ...,-=--.. .:. •• '-"'1. '
wnnrc lW1jninine vc.randah... in A J,..u,u"s rv_d 1 ••11 ........ v:.-I.-.
nt· filtJr c ...... • ..-Il ....H 1_••• ,
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3I:1A.ll prOV.iOC taAUa uf Ilfiy buull lWU IHUO>W 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 buah
members 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
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
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
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 and
pusiJII
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 odi biurahand 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 a n o ~ 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 inconveniences
kayo') .
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
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 bythe criminal court However, the offendershall provide
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
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 wiIb­
out
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 com­
ply 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:t
lllllh
group concerned shall provide takud or twenty five buab and :UWting
compensation for any fruit trees that have been felled. the land 0_
("gimgap).
(3) Wh vee obstructs another person's oran omuh by Obstructing
, any means shall provide takud of fifty buah. The offender shall
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
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
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 owner
I
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 provi de 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 imme­
diately.
(2) Ifthe 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 at
PIuckiDa
fnaiU at tho
the edge of another person' s padi farm without informing the
odac 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 consisti ng 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
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

.....,....).
DeIuoyi
_...
pcrSClIl S 1#.­
(pbtgGlllllg).
Abeuina the·
destruction of
1#11Ik.
BeatiDa a
::r- ItuqI or
(piIryaot).
ShoutiDa
taboo wmis
(lKI/Q' IDd
pillyaat).
DamqiIl8

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 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-kiro­
wuong 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
p«SOIl s IIlD.
138. Whoever destroys or disturbs another person's 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
. 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,
and pinytMJl),
141. Whoever yells or shouts to another person who is YeIliDg or
harvesting shall provide takud of twenty buah and prosis con- :a
wtiDa
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
buah and prosis consisting of a fowl for pingasung and com- ::: it e
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-
p«SOD s
pensation. 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 Bidayuh
CUItAlIIlf«
community only. /{ non-Bidayuh who contravenes the aforesaid
Bidayuh
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
~ ~ o o r e s 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 bori during
~ 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 deci de 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 theinjured
party for all expenses Incurred, The sanda' shall remain with
the woman.
(5) Ifthe 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 reason­
able causeafter 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
aa
provide one hundred and twenty five buan for pinchanu'. :':t
D8

(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 al
sem
relation 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 s l ~ with
of two hundred and fifty buah if he refuses to marry her. a w .
~
90
153.-(1) If an unmarri ed 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 main­
tenance 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
b a ~ . 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
fowl for antog anjan.
161. If a married couple having been divorced and wish Divorce
to remarry, they shall inform thePiayuh Kupuo of their intention couple wiah
and shall provide prosis consisting of a fowl.
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
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
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.
(pinlabl).
167. Whoever takes awayor entices an unmarriedperson 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, shall provide fifty buanandprosisconsisting of beras banyu
for pingkaya',
168.--{1) Whoever takes away or entices an unmarried TIkiDB. an
w?man. a divorceeor a widowelsewhereduring.apublicfunction
without the consent of her parents or guardian, as the case where during
may be, shall provide fifty buan and prosis Consisting of beras a
.
ban
yu
to
r ptng.....Ja .
(2) Whoever takes away or entices another person's TIkiDB
fiance or fiancee elsewhere during a public function without
the consent of her fiance or his fiancee shall provide one
hundred buan
pingkaya'.
and prosis consisting of beras banyu for fiancee
where .dun ng
a public
function

-- -- - - - - - - - - - --- - - - ­
92
Takiq • (3) Wboev.ez takes away or entices a married woman
IIlIIriod
elsewhere during a public function without the consent of
WOIDIII eIIo­
wilen 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 bed­
room 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.
~ e d q 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.
- - - -
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 mainten­
ance 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 forty 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 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 inter­
course 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...

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 adopted
dlu&hter; adopted moCbea' ed
adopted I0Il: adopted
aod adopCed lister.
2pibll 220 bull Two pip lad
twolowll.
d. Step 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;
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 grand­
daughter;
aod grandson .
2pibd 250 buall Two pip_
2 fowls.
i. Husbaod aod wife's grand­
molher; wife aod husband's

2pibll 240 bIUJ1I Two pigs and
two fowll.
j . Seep grlDdfalher aod step
granddlught.llr; step griDd-
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
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
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
period shall Provide prosis consisting of a fowl to the family of
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) 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) marries within the widowhood or widower­
hood 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).
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
the marriage from the person be bas sexual relation with shall
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 pinami commits adultery with his
hoet or
hostess or her host shall each be fined two pikul and provide
hostess.
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 and
spouse.
prosis consisting of a fowl.
97
(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
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
one hundred and fifty buan for ngirajang tuie'. ::'1:'.):8
194. If at the time of divorce proceeding, one
(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 tumhangin 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
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 where­
by 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
according to the Adat. to
. grant divorce.
98
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
b e t ~ e e n 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 with­
out reason­
able 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 preg­
nancy, 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 reason­
able 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 Testi­
monial shall be issued to the respective parties.
100
(a) movable such as gongs , j ars, shotgun or other
heirlooms: and
(b) immovable such as land (titled or native cus­
tomary 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) exclusi vely 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
equal 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 conti nuity of the tradi­
tional 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 formall y distributed among the 'heirs shall provide
property. takud of one hundred buah and compensation to the other
beneficiaries.
212.-(1) After the distri bution of family land, any fruit
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.
tree.
(3) Whoever climbs a fruit tree owned in common by Climbi lll aDd
the descendants of that family and plucks its fruits without
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
v
n.upuo. divon:e.
(2) Any inherited property (real or personal) shall be Inherited
reverted to the original owner. However, the inherited property (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:r
y
(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 fro
the subsistence of the marriage shall be divided equally among 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 with­
out all .issue
(abvolt).
~ o f
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 dis­
tributed 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 ex­
hume 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 ~ v e
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 of a 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
~ " ' - b o ' ~
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 trans­
pM ftr caD)iog
a corpse
(pinyamar) .
(2) If the excavation or exhumation is carr! out pur­
suant 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 con­
sisting 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
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
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 origi nal 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 sub­
sistence 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

(Secdaa 119)
. rrlS HBIlEBY CER'I1PIBD .... lbo ....:
BEnt'BBN-­
.....__._--- ---_.......-.
No. .
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I'delIIity Card No. __• •
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----_._... _-----_.
s...- mW'1fe
01: CIJIIIIic-' ------------.
A.ddnlII: . .
_ daly pccfca.... ill wid!. AdIlBidayub • . ...... .
_ dae.._ ..._ .... -.--...- ...-.-. day m .... ..._.._. _
fa die pI'UllIIoCO «­
(fIaD·DaIDIlI ad «two __who - p.-.die
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..
SipAII!",

1. . ._.
-_...-----_.........._-- ----_.-.
...... JIIll- t1/
PMfIaJM
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108
PORMB No. •••.•••••••••• Jl9••._.
ADAT BB>A'fuH 1994
DIvomI 1'Bnaacw.
(Seeaa. 21M)
rr ·15 IIBRBBY CIlR'IlHBD .... tbo ......:
BEI'WIlBN--­
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IdIEly CInI No. .
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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: .
~ t y 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