KENINGAU: A male doctor and a female nurse have been ordered by the Keningau District Native Court to pay RM19,000 in Sogit penalties after being found to have committed a customary offence known as “Lapau” under Sabah Native customary law.
The ruling was delivered in Keningau Native Court Case No. MAN/KGU/0029/2026 involving a “Saman Lapau” claim filed by the husband of the female nurse against both defendants.
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Under the court’s decision, the doctor and nurse were ordered to jointly pay three buffaloes or cattle valued at RM15,000 to the plaintiff as customary compensation. An additional RM4,000 Sogit was also awarded for the couple’s two children.
The court directed both defendants to settle the payment within 21 working days from the date of judgment, warning that failure to comply could result in further action under the relevant legal provisions.
“Saman Lapau” is a claim under Native customary law involving allegations of interference with or damage to another person’s marriage or household relationship, including cases where an existing marriage remains legally valid under customary law and national legislation.
In its ruling, the Native Court panel stated that the claim was supported by sufficient evidence and was in accordance with the Native Courts Enactment 1992 and the Native Customary Laws (Amendment) 1995.
The court found that the plaintiff and the second defendant were still legally married based on marriage records registered with the National Registration Department in 2018. The marriage had also produced two children.
During proceedings, the court examined issues surrounding the second defendant’s marriage to the first defendant while her existing marriage remained legally valid. Evidence and documents involving the Sabah State Islamic Religious Affairs Department were also reviewed.
According to the court, the first defendant’s action in marrying the second defendant constituted a breach of customary law under Rule 19(1), relating to “Marrying another person’s wife or husband.”
The court also advised all parties against issuing insulting, threatening or defamatory remarks, particularly on social media, stressing the importance of preserving the dignity of those involved.
In a statement issued following the decision, the court said the announcement was intended solely to inform the public in a professional and responsible manner and was not meant to shame any individual.
“The rights of all parties to file appeals through the legal channels provided are respected,” the statement read.
The court added that the ruling was not about personal victory, but about respect for justice, the institution of family and the recognised position of customary law in Sabah.
