Question

Only available on StudyMode
  • Topic: Malaysia, Law, Negeri Sembilan
  • Pages : 2 (633 words )
  • Download(s) : 91
  • Published : January 3, 2013
Open Document
Text Preview
Describe the sources of law during Malacca Sultanate. Sources of law refer to places where the law can be found and the origin where the law gets its authority. It refers also to legal sources, that is, legal rules that make up the law. During MalaccaSultanate, as the important place for trade, there is a need for a law and order, and there was already asystem of law and order established by the Ruler at that time in order to protect the interest of tradersand govern different group of people. The source of law during Malacca Sultanate before the coming of Islam is Malay adat law,specifically adat Temenggung. Adat law is the law based on patrilineal tradition, and since it comes fromPalembang, it received influence of Hindu tradition and its customary law. Adat Temenggung was alsothe basis of the law contained in most of the Malay legal codes or digests which were compiled tofacilitate the uniformity of decisions. The two legal digests in Malacca Sultanate are Hukum KanunMelaka and Undang-Undang Laut Melaka. Hukum Kanun Melaka is the law that governed wide range ofcivil, criminal and constitutional matters while Undang-Undang Laut Melaka covered largely on maritimematters. After the coming of Islam, the Syariah law introduced and tends to modify the Malay adat law toaccord with Islam, a process which continues to this day. Syariah law to some extend weakened theforce of Malay adat law, but not in a substantial scale

The Hindu-Buddhist strong influence and powerful control over the customs and legal control of the people of the South-East Asia ended around the thirteenth century with the spreading of the Islamic religion into this region. The establishment of Malacca as a port serving the trade between the East and West and subsequent embraced of Islam facilitated the spread of this religion and the Islamic legal concepts.

Before the arrival of Islam, the laws applicable in this land were the Malay custom laws, like the Adat Temenggung and the Adat Perpatih....
tracking img