Malay Reservation Land = Malay Holding?

Introduction

The concept of Malay Reservation Land was first introduced by the British in the Federated Malay States of Perak, Selangor, Negeri Sembilan, and Pahang in 1913 to prevent lands held by the Malays in those states from being disposed of to the non-Malays.

As land in Malaysia comes under the purview of the respective states and federal territories in Peninsular Malaysia, Sabah and Sarawak, different legislations relating to Malay Reservation apply to different states.

The recent case of Bebe Sakimah binti Mohd Asrof v Pendaftar Hakmilik Negeri Perak [2021] 7 MLJ 701 raised an interesting question of whether a non-Malay can be registered as the proprietor of Malay Reservation Land.