KOTA KINABALU, April 30 — Member of the Sabah State Assembly (ADUN) for Bugaya, Jamil Hamzah expressed support for the Adoption Bill (Amendment) 2026 presented in the Sabah State Assembly (DUN).
In his debate, he stated that the amendment is very important to eliminate legal disputes and overlaps of power between the Syariah Court and the Civil Court regarding adoption issues.
He said, “Bugaya fully agrees with this Bill to amend Section 23 of the Ordinance. With this section, the legal disputes between the Ordinance and Acts or overlaps of power between the Syariah Court and the Civil Court regarding adoption will be resolved.”
According to him, the amendment also takes into account the proposal he raised during the debate on the Islamic Adoption Bill 2024 on November 21, 2024.
He stated that the government has considered the proposal to include a section similar to the provisions under Section 31 of the Adoption Act 1952 into the Adoption Ordinance 1960.
In his speech, he also explained that the new amendment replaces Section 23 of the Ordinance with a provision stating that the Ordinance does not apply to Muslims, whether to allow a Muslim to adopt a child or to permit the adoption of Muslim children.
At the same time, he clarified that the old section contains two main provisions that will be removed through the amendment.
He said that the first clause previously annulled all other adoption laws including customary and syariah laws besides the Ordinance.
“By removing this clause, the Islamic Adoption Enactment 2024 is applicable and not nullified by the Ordinance,” he said.
However, he raised a question regarding the repeal of the second clause which provides for a three-year prison sentence for individuals who carry out fraudulent or dishonest adoption ceremonies or procedures.
He said, “Bugaya asks YB Datuk Minister what the punishment is for offenders committing offenses under the Ordinance considering that the second clause from the old section has been removed.”
In this regard, he suggested that the punishment clause be retained if there are no other punishment provisions in the Ordinance.
“If there is punishment for offenders who violate the Ordinance in other sections of the Ordinance, then Bugaya agrees to remove the old section's second clause. Conversely, if there is no section to punish besides the second clause in the old section, then Bugaya suggests that the second clause in the old section not be removed,” he said.
He also described the amendment as an effort that will facilitate the affairs of the people and related parties including the Courts and the National Registration Department (JPN).
“Therefore, Bugaya is grateful to الله swt for His permission in moving the Government to amend the Adoption Ordinance 1960 to facilitate the adoption process for the people, the Courts, and JPN as well as the parties that will be affected by this Law,” he said.
