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Section 8

of Native Courts Native Customary Laws Rules 1995

State Subsidiary LegislationIn forceProvision 8 of 58

Section 8

(1)

Any man who has sexual intercourse with a woman whom he knows to be his granddaughter, daughter, sister, grandmother or mother commits a breach of native customary law of sumbang.

(2)

Any woman of the age of sixteen or over who permits a man whom she knows to be her grandfather, father, brother, son or grandson to have sexual intercourse with her by her consent commits a breach of native customary law of sumbang.

(3)

In this rule, “sister” includes half-sister and “brother” includes half-brother, and any expression importing a relationship between two people shall be taken to apply notwithstanding that the relationship is not traced through lawful wedlock.

(4)

Any person who commits a breach under this rule shall be liable -

(i)

to pay to such aggrieved party as the Court may determine sogit not exceeding 3 heads of livestock or other things of equivalent value in inaccordance with adat fine; and

(ii)

Subparagraph

(a)

to a fine not exceeding 5000 ringgit; or

(b)

to an imprisonment for a term not exceeding 24 months; or

6

(c)

to both fine and imprisonment.

(5)

In default of paragraph (i) or (ii) (a) of subrule (4), the Court may impose an imprisonment for a term not exceeding 24 months.

Illicit intercourse between relations.