THE State Legislative Assembly has approved a Bill to amend the Adoption Ordinance 1960 to exclude its application to Muslims, to be in line with the enforcement of the Muslim Adoption Enactment 2024.
Deputy Speaker Datuk Al-Hambra Tun Juhar announced the passing of the bill after majority of the August House members agreed to the amended enactment which is now to be cited as Adoption (Amendment) Enactment 2026.
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Tabling the Bill, Minister of Women, Health and People’s Wellbeing Datuk Julita Majungki (pic) said the amendment will ensure that the Ordinance does not apply to Muslims, and thereby allowing the Muslim Adoption Enactment 2024 to be fully implemented and enforced.
She said the Muslim Adoption Enactment 2024 has come into operation on Dec 26, 2024.
“Prior to this, the State Cabinet Meeting on Feb 25, this year, has approved a proposal for a Bill to amend the Adoption Ordinance 1960, as part of efforts to harmonise state laws on child adoption.
“The Adoption Ordinance 1960 is a law governing child adoption matters in the State.
“However, the Sabah State Legislative Assembly (DUN) had earlier passed the Muslim Adoption Enactment 2024 on Nov 21, 2024, which provide specific provisions on child adoption among Muslims in Sabah,” she said.
Julita said the Muslim Adoption Enactment 2024 came into force on 26 December 2024 and empowers the Syariah Court to issue adoption orders and to stipulate conditions for adoption, the consent process, exemptions from consent, and restrictions on the withdrawal of consent,” she said.
Following this, Julita said an amendment to Section 23 of the Adoption Ordinance 1960 is necessary so as to ensure the Adoption Ordinance 1960 does not apply to Muslims.
She said this Section 23 currently prevents application of any other law, including the Muslim Adoption Enactment 2024, in matters relating to child adoption.
Under the proposed Adoption (Amendment) Bill 2026, Julita said Clause 1 outlines the short title and commencement of provision of the proposed Enactment, while Clause 2 seeks to replace Section 23 with a provision stating that the “Ordinance shall not apply to Muslims” or any person professing Islam, including cases involving the adoption of Muslim children.
Julita added that the Bill, which will not involve teh State Governmentin any extra financial expenditure) is set to take effect retrospectively from Dec 26, 2024, aligning with the enforcement date of the Enactment.
