What is Malay customary land?

Customary land is a little-known yet big issue in Malaysia for the indigenous people. It is different from land backed by a title or a deed. They have their characteristics, and there are many downsides to customary land due to the lack of its title and deed.

What is land customary law?

From Wikipedia, the free encyclopedia. Customary land is land which is owned by indigenous communities and administered in accordance with their customs, as opposed to statutory tenure usually introduced during the colonial periods. Common ownership is one form of customary land ownership.

What is customary land law in Nigeria?

At customary Law, ownership of land is generally vested in the village, community or family with the head holding it for the use of the whole village, community or family respectively. Individual right is limited to use and enjoyment of a portion of the land allocated to them.

What is Malay customary law?

ADAT OR CUSTOMARY LAWS Customary law (or adat, a Malay term) is an ancient unwritten laws that are found in a particular place where no rules has ever been enacted by the legislative authority. It is widely accepted that the original term for Malay customary law is adat.

What is Malay Customary Land Tenure?

Land in Malacca during the period was governed by the rules of customary land tenure, a system which acknowledged that all lands belong to the Sultan on the throne.

Who owns customary land?

Land ownership can be categorized into two broad classes: Customary land and Public lands. Customary lands are lands owned by stools, skins, families or clan usually held in trust by the chief, head of family, clan, or land priests for the benefit of members of that group.

What is the difference between statutory and customary land?

There are two tenure systems in the country: statutory and customary. Land tenure under the statutory system is based on leasehold. Land held on leasehold accounts for 3 percent, state-owned land accounts for 14 percent and customary land accounts for 80 percent of the total land (18).

Can an individual acquire a land under customary law?

Since English law allows the owner of land to create a lesser right from his title, it follows that an individual can vest land in fee simple on a purchaser from his customary ownership.

Is a family head a trustee?

Thus, as a trustee of family land, the head of the family (like a Chief of a community) has control of family land and administers it for the mutual benefit of all members of the family. He allocates portions of family land to the members of the family for their use and occupation.

What are the position of customary law in Malaysia?

In Malaysia, the term customary law is used interchangeably with adat or ‘native law and custom’. The Malaysian definition of law under Article 160 of the Federal Constitution includes ‘customs and usages having the force of law’, thus distinguishing between customs that have legal consequences and those that do not.

Does Malaysia recognize local custom as a source of law?

It is created by the English judges and introduced into Malaysia upon colonization. Customs of the local inhabitants in Malaysia are also a source of law. Every race has its own customs.

What is Jual Janji in land law?

8 Literal Meaning Jual Janji literally means a sale with a promise. 9. 9 Modus Operandi It is a contract between two parties, a Borrower & Lender.