Legal Pluralism
HOW FAR CAN YOU APPLY LEGAL PLURALISM IN MALAYSIA
Definition
Legal pluralism is the existence of multiple legal systems within one geographic area that, in Malaysia,
occur when –
• the law of the British colonial authority exists alongside more traditional Malay “adat,” Islamic and
customary legal systems.
• different laws govern different groups, i.e. Islamic Laws for Muslim conduct and Common Law for
Non-Muslim conduct.
• the customary legal systems of the indigenous population of Sabah and Sarawak have been given
some recognition.
Historical Development
In the early period of the Malaccan empire, the justice system was based on the ancient Malay customs or
adat, generated from the Adat Temenggung - a body of matriarchal customary laws believed to have
originated from Minangkabau in Sumatra and later influenced by Hindu laws to become patriarchal – that
was administered by the rulers and their officials.
With the reception of Islam by the Malaccan rulers, the justice system of the Malay Empire in Malacca,
primarily consisting of the Hukum Kanun Melaka (“Laws of Malacca”) and the Undang-undang Laut
Melaka (“Laws of the Sea of Malacca”) within the Adat Temenggung, assimilated principles of Islamic
law.
Elements of adat deemed to be in conflict with religious requirements and practices were gradually
abandoned. The Malaccan law influenced the codification of Islamic law in the other States in the Malay
Peninsula.
Early Portuguese (1511-1642) and Dutch (1642-1824) colonial powers had policies of minimal
interference with the local customs and practices. The British (1824-1957) power, however, had more
significant influence on the prevailing laws of the Malay States, through such mechanisms as the Resident
system, that established justice systems based on English law.
As a result the Adat Temenggong, Islamic law and other customary laws were relegated only to personal
and matrimonial
Definition
Legal pluralism is the existence of multiple legal systems within one geographic area that, in Malaysia,
occur when –
• the law of the British colonial authority exists alongside more traditional Malay “adat,” Islamic and
customary legal systems.
• different laws govern different groups, i.e. Islamic Laws for Muslim conduct and Common Law for
Non-Muslim conduct.
• the customary legal systems of the indigenous population of Sabah and Sarawak have been given
some recognition.
Historical Development
In the early period of the Malaccan empire, the justice system was based on the ancient Malay customs or
adat, generated from the Adat Temenggung - a body of matriarchal customary laws believed to have
originated from Minangkabau in Sumatra and later influenced by Hindu laws to become patriarchal – that
was administered by the rulers and their officials.
With the reception of Islam by the Malaccan rulers, the justice system of the Malay Empire in Malacca,
primarily consisting of the Hukum Kanun Melaka (“Laws of Malacca”) and the Undang-undang Laut
Melaka (“Laws of the Sea of Malacca”) within the Adat Temenggung, assimilated principles of Islamic
law.
Elements of adat deemed to be in conflict with religious requirements and practices were gradually
abandoned. The Malaccan law influenced the codification of Islamic law in the other States in the Malay
Peninsula.
Early Portuguese (1511-1642) and Dutch (1642-1824) colonial powers had policies of minimal
interference with the local customs and practices. The British (1824-1957) power, however, had more
significant influence on the prevailing laws of the Malay States, through such mechanisms as the Resident
system, that established justice systems based on English law.
As a result the Adat Temenggong, Islamic law and other customary laws were relegated only to personal
and matrimonial