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Week 1 - Introduction
Week 1 - Introduction
LAW 434
Week 1
iNTRODUCTION
History of Legal System
• The Sultan and his ministers had complementary functions: the Sultan
to fulfill the sacred and the spiritual, his ministers to administer the
mundane.
The Bendahara
• The most important minister was the bendahara, who combined the
offices of the modern prime minister, chief justice, and commander-
in-chief of the army.
• He exercised both political and judicial functions
Temenggung and Laksamana
• Penghulu bendahari or chief secretary bf the bendahara and treasurer (and, as such,
head of the four shahbandar).
• Shahbandar or harbour master and collector of customs. There were four shahbandar to
attend to four main groups of traders-from China and the Far East; from Java and the
Malay Archipelago; from west India (i.e. Gujerati); and from south-east India (i.e. the
Tamils);
• Mandulika or governor of an isolated outpost, who exercised civil and criminal
jurisdiction.
• Orang kaya, consulted by the Sultan on, important decissions affecting the people.
• A mesyuarat bicara would hear all views before deciding by muafakat.
Sources of law
• Before the coming of Islam, the law applicable was Malay adat law,
specifically adat Temenggung.
• Adat temenggung came via Palembang and was the law of the Sultan
and, therefore, autocratic in nature.
• It was the law later adopted in all the Malay states except Negeri
Sembilan.
• Adat temenggung was also the basis of the law contained in most of
the Malay legal codes or digests which were compiled from the mid-
fifteenth century onwards to facilitate the uniformity of decisions.
Legal Digests
• There were two legal digests in the Melaka Sultanate:
(a) Undang-undang Melaka, also known as Hukum Kanun Melaka or
Risalat Hukum Kanun (A.D.1523); and
(b) Undang-undang Laut Melaka (the Maritime Laws of Melaka)
Other legal Digests
• It was only during the reign of Sultan Muzaffar Shah (1444-1456 A.D.) that
orders were given to compile the laws to provide for uniformity of
decissions.
• The legal rules that eventually evolved were shaped by three main
influences, namely, the early non-indigenous Hindu/Buddhist tradition,
Islam and the indigenous (native) adat.
• Undang-undang Melaka covered a wide range of constitutional, civil and
criminal matters. The digest also contained some aspects of Islamic law
such as validity of marriage, marriage witnesses, talak, property claim,
trusteeship, performance of prayer, taking of oath and others.
• 1873: Supreme Court was reorganised under four judges- the Chief
Justice, the Judge of Penang, the Senior Puisne Judge and
the Junior Puisne Judge.
• The British then incorporated the FMS, UMS, and the Straits Settlements (but
excluding Singapore) into a unitary state, the Malayan Union (MU), on 1 April
1946. The MU, which reduced the Malay states to colony status, and the
manner in which it was imposed upon Malay Rulers invoked fierce Malay
opposition. The British were forced to abandon the MU scheme. In its place
was established the Persekutuan Tanah Melayu (Federation of Malaya) on 1
February 1948.
Independence