Written by: Averroes
(1.0) Introduction
Recently, the author had the opportunity to watch a new film in 2021 entitled, "Edge of the World". The initial impression was that, after watching the trailer, there was a combination of picturesque and scintillating sceneries of Sarawak. It was breathtaking to watch!
It is very rare to find local productions that create historical films, apart from the conventional plots and storyline of boss-secretary on television, this movie was exceptional. It portrays the story of an English sailor and adventure born in India. His name was James Brooke. He travelled on a voyage for discovery of wonders, plants and nature.
He later found himself in Sarawak, whereby he assisted the Sultan of Brunei during that time, Sultan Omar Ali Saifuiddin II in quashing piracy. Therefore, he was conferred the title of 'Rajah' of Sarawak and his dynasty ruled the sovereign state until the aftermath of WW2, which later became a British colony. Subsequently, Sarawak formed Malaysia with Malaya, Sabah and Singapore.
However, the author found controversial and quite sensitive scenes that may perturb some audiences. Perhaps, the scenes were intended to stir pandemonium amongst the viewers, though as one of the audience, the author took a mature perspective and criticised the film objectively as possible.
(1.1) General Criticisms
The movie somehow gratified James Brooke as the founding father of Sarawak, which in a historical sense did. Some Sarawakians view him as the moderniser of the state, while some perceive him to be a gluttonous coloniser. The author acknowledges that it was the onset for mediation in Sarawak as to regulate headhunting and disputes amongst the Dayaks as seen in one of the scenes.
Apart from that, there were some religious and cultural concerns depicted, among others that Dayak women could sleep with as much men as they want before marriage. The movie illustrated that the royals of Brunei unabashedly consumed 'tuak' or rice-fermented alcohol and were rigorous in fornication or adultery. It framed the royals as bloodthirsty, merciless slaughterers and oppressed their own people.
There were scenes that James Brooke explicitly had sexual intercourse with Princess Fatimah, a Muslim outside the confines of marriage. He did not even convert to Islam and that their relationship was, but only cohabitation. There was also a bisexual scene, whereby Prince Baderuddin (aka Pengiran Muda Hashim) confessed his love to James Brooke near death by handing him his ring. The Prince also rubbed James Brooke's chest after he bathed in the river.
Whether these accounts were historical records and that their veracity is accurate, historical events have many interpretations, variations and theories. However, such scenes may cause some viewers to be agitated, hence maturity and discretion is advised. What caught the author's attention is the headhunting scene by the Dayaks (Iban people).
This paints the picture of the past of the lawlessness of the jungle, and how society resorted to retaliation and reprisal, without civilized or proper legal means. The reputation by the Dayaks for headhunting is frequently mentioned by Malaysian society and after some time, this tradition or custom slowly decayed.
Therefore, this article seeks to determine why do they practice as such and its relevancy today. Currently, 30% or so of Sarawak population are Iban, while overall Dayak are at 43.3%.
(2.0) The headhunterers
Inside the Dayak longhouse, there is a passage-way (ruai and tempuan) among all the bilek (houses or rooms with each family). Here, all the meetings, guests, ceremonies, entertainment, winnowing and pounding rice are done. Also, traditionally, human head trophies were hung on the main posts through the gallery. Fascinatingly, longhouses were built with materials that would sustain the structure for long decades.
According to Andrew Vayda and Ulla Wagner, Iban expansionism and warfare is associated with travails of land and vegetation (competition for resources). Usually, the Iban would cultivate and explore virgin lands, rather than attacking forests which had already been developed by others. However, there still exists competing interests on who gained control of the forest.
Though, headhunting is also motivated by the desire of Iban warriors to accumulate prestige, health and fertility. There exists a discord between the Iban and Maloh people due to several factors such as the competition for virgin forests and colonial interventionism.
Regardless of assertions that the Dayaks were all but headhunters, they were also forged amiable relationships with other indigenous groups. There is a symbiosis which exists inter-marraige, alliances, cultural exchange, trade and economic cooperation. In fact, it is colonialism that intensified headhunting activities.
(2.1) The Rajah's Policy and the Dutch
The policy implemented by the second White Rajah, Charles Brooke, increased hostilities between the Iban people, especially the recruits from those loyal to the Rajah. The coastal Iban recruits were then deployed to the rural areas that seek independence and freedom from the White Rajah. They wish to uphold and defend their culture and identity from governmental corrosion and religious conversion.
The people of Borneo had been continuously exploited by the Rajahs. There were countless of punitive expeditions executed by the Brookes. The Kedang Expedition for instances in 1886 caused eighty longhouses to raze into oblivion. Six to eight thousand people were left impoverished without shelter and food. Therefore, this antagonised the Iban, that increased headhunting and enmity among the Dayak group.
For the Dutch in Kalimantan, they hired the Iban as mercenaries to battle Malay rebels in 1859 and 1864 of the Sintang and Melawi regions. The Iban fought enthusiastically, claiming as much heads and pillaged for loot. Revenge is the obvious reason as a result.
(2.2) Custom and tradition
Headhunting was common in Sarawak during the 19th Century. Apart from prestige as to prove manhood, wealth and fertility, it is also due to crop failures, deaths and diseases. These cumulative events are also to end mourning periods, because the persons' head severed will accompany the death of another person that the village lost. When an Iban men returns home with a head, the back of their hands would be tattooed. Young Iban women would admire their courage.
As mentioned before, since the skulls or heads are displayed in the ruai, they are lighted up on support beams, with fire burning inside as to appease the spirits. As of today, we can still see these skulls or heads inside the house. Skulls are an object of veneration, a blessing to the village. If the skulls are treated poorly, then they may be subject to the skulls' wrath.
The Iban would adorn the skulls or their prized-trophies with ornamental flowers on the neurocranial and facial parts. The victims of headhunting includes both genders, all everyone regardless of age, even small innocent children and senile people. In Iban culture, the skulls of women and children are very valued. This is because, they are able to breach into their enemies village and able to obtain the heads of women and children of the warriors, which they failed to defend their loved ones.
(2.3) Migration
There was an inland migration movement by the Iban settlors to the upper Rajang watershed in the late 1800s. This incensed the relations of the Iban with the other Daya groups, such as the Kajang, Kayan and Maloh people. This also brought them with direct contact with the Kenyah. This migration stifled and roused the other inhabitants, as it is seen as a trespass into their local economy, trade and social life.
(3.0) Law on Headhunting today
In the case of Ongkong ak Salleh v David Panngau ak Sandin and Anor, [1983] 1 MLJ 419, "the Native Courts are purely a creature of statute, viz the Native Courts Ordinance 1992 (Cap. 43)... The Native Courts including the District Native Court are statutory courts established not by the Federal law by the Sarawak State law. They administer a system of laws entirely different from that of the High Court and the Subordinate Courts in Sarawak."
Therefore, the Native Courts have jurisdiction over matters affecting native customary laws (adat) where the parties are or at least one of them is native. They are excluded from the Subordinate Courts Act 1948. They have jurisdiction over certain civil cases and minor criminal cases.
(3.1) Law on Headhunting in the past
Therefore, before the Native Ordinance, the English common law during the Brooke dynasty and cessation of Sarawak to the British, declared certain customs to be illegal. This included, headhunting, retaliatory wars, unjustified homicide, trials by ordeals, jostling, clubbing and slavery were also abolished by the Brooke dynasty.
Rajah Charles Brooke once said;
"There was nothing more simple than to impose a code of western law on submissive natives... Sarawak is the home of much justice and little law."
Death and headhunting were justified when there were incest committed inside the bilek, by thrusting a bamboo through their bodies. Spouses could kill their other spouse if adultery were committed, unless this act of vengeance does not bring attention to the public or village.
For trials of ordeals, if the Dayaks had a disagreement between each other, they believed that god was involved. In order to determine if god supports the good or bad individual, two parties would insert their hands into boiling water. Whoever is innocent is proven if their hand were not scalded. Diving (kelam ai) is also common when the parties are to dive and whoever survives wins the dispute.A less painful substitute would be using roosters in cockfighting.
Instead of communal justice or personal vendetta, the Brooke administration introduced the new bicara system or arbitration and mediation in the 1860s, totally alien to the Dayak communities. Instead of unncessary violence and harm, the Brookes had the Dayaks to negotiate with a third-party involved. It was to have the offending party to submit.
From mediation, the concept of blood-compensation were introduced in forms of valuable jars for the offence of homicide. For arbitration, the concept of fine (ukum) was also introduced. In arbitration, the parties are to meet each other before a presiding officer, while spectated by the public in an open court. Slowly, this paved way for the Native Ordinance.
Also, there was the Kapit 1924 Peacemaking Agreement which sought to end all discord and conflict between the Iban and the other Dayaks, especially on headhunting. It also marked the last phase of the Brooke expansion and consolidation of inner Sarawak. 4.200 indigenous people congregated for the official ceremony to end all wars and confrontations with colonial officers attending. However, the agreement was still breached and the effectiveness is in question.
As of today, the Native Courts jurisdiction does not cover matters related to offences under the Penal Code. Therefore, if a person were to sever a persons head or commit headhunting, then he may be liable under the Federal Penal Code and charged as under section 302.
Similarly the Mona Fendi case in Juraimi bin Husin v Public Prosecutor, [1998] 1 MLH 537 saw Dato Mazlan, member of Legislative Assembly of the State of Pahang decapitated into 18 pieces and found buried in the premises of Ulu Dong, occupied by the appellants. They did it with cosmological and superstitious motives to bring more wealth and fortune for him in politics.
Court declared that the head of Dato Mazlan was severed from his body with a weapon similar to an axe. Court held that they committed murder with the intention, as the crime committed was deliberate as to dismember the body to facilitate burial. Even if the accused stated that he was in a zombie like state, it was blatant falsehood. Any reasonable jury would find that severing a person's head off is murder.
Applying to our headhunting case, if an Iban were to commit headhunting, that is indeed murder and no longer an Adat or customs since it has been long abolished by the Brooke dynasty and not even mentioned under any provisions of the Native Ordinance 1992 to permit it.
(4.0) Conclusion;
To conclude, after Malaysia Day and onwards, many Dayaks of Sarawak have embraced Christianity and Islam. They have given good education and become contributing members of society. The practice of headhunting and other form of retributory violence had been abolished since the days of the Brooke dynasty and Common Laws had been imposed onto the locals. Most Borneans I met are the kindest, warmest and jubilant.
The Native Courts were also established to cater to the customary or Adat laws of the Iban and other Dayaks. Though, the Native Ordinance is silent on headhunting, the law did mention that the offences of the Penal Code are excluded from the law. Therefore, since headhunting is virtually murder, that would be an offence under Section 302 of the Penal Code.
The people of Sarawak, be it the Dayaks, Malays and Chines now all live in peace and prosperity. Impressively, Sarawak and Sabah are considered by most to be the most culturally and religiously tolerant states in Malaysia. May Sabah and Sarawak continue to progress together with the rest of Malaysia to a better and brighter future!
(5.0) References;
King, V. (n.d) SOME ASPECTS OF IBAN-MALOH CONTACT IN WEST KALIMANTAN. 1-30. Retrieved from, https://ecommons.cornell.edu/bitstream/handle/1813/53618/INDO_21_0_1107106963_85_114.pdf?sequence=1&isAllowed=y
Zeppel, Heather Dorothy (1994) Authenticity and the Iban: cultural tourism at Iban longhouses in Sarawak, East Malaysia. PhD thesis, James Cook University. Retrieved from, https://researchonline.jcu.edu.au/27869/1/27869-zeppel-1994-thesis.pdf
Mally, M. (2016) Decorated Headhunting Trophies of Borneo: A Forgotten Ritual Art. Borneo Research Bulletin. (46). 135-164. Retrieved from, t: https://www.researchgate.net/publication/307876769
Empeni Lang (1998) Administration of Native Courts and Enforcement of Native Customary Laws in Sarawak. Jurnal Undang-undang. 89-123.
LUMENTA, D. (2017). The Political Economy of Ending Headhunting in Central Borneo: Inter-colonial and Kenyah perspectives on the 1924 Kapit Peacemaking Agreement and its aftermath. Modern Asian Studies, 51(04), 1070–1098. doi:10.1017/s0026749x16000056
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