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Three settlements were incorporated into straits There were modifications made to the English law

settlement (Penang, Singapore and Malacca). English from time to time. Judges announced the policy of
law was introduced through the second charter of changing the application of English law to prevent
justice which contained almost the same provisions injustice but studies of cases has shown that there
as the first charter of justice which was stood on 27 were reluctance to accommodate the needs of the
November 1826 with a little modification to suit the local inhabitants. Customary rules were recognized
local inhabitants with different race and religions and only if it wasn’t in line with the common law
customs.

We can see from the case of Fatimah v Logan where a


The effects of the charter can also be seen in cases
Muslim had passed away in Penang and he left his
like Rodyk v Williamson. A Dutchman left his property
will before passing away so the confusion was which
after his passing and there was a debate as to which
law would apply to determine the validity of the will.
law would be applied for the case . Finally, it was
Finally, English law had superseded Islamic law as the
decided that the dutch law superseded by the Chater
courts determined that lex loci of Penang was English
law.

The jurisdiction of the court Judicature of Prince of The courts were judged by English judges, which by
Wales Island was extended through the charter to practice were only given the jurisdiction to try civil
Singapore and Malacca. The administration of justice matter. However, in practice we can see from a few
Straits Settlements was considered unsatisfactory. cases that English law had superseded the customary
law and had impliedly became the law of the land.

There was only one recorder who was assisted by lay


justices. He who was based in Penang and rarely Example of another case that displays this scenario is
visited Malacca and Singapore. Lay judges were the case of Regina v Wilians where Sir Benson
appointed but their judgements were unsatisfactory. Maxwell R ruled out that when the second charter of
The active economic and social growth in the straits justice was implemented, it was implemented into
settlement caused to system to be ineffective. every part of Malacca so the law of England stands in
the judgement of the cases.

The effects of the charter was explained by Sir


Benjamin Malkin In Goods of Abdullah held that In conclusion, it can be seen that the customary laws
customs of the local inhabitants were exceptions to of the local inhabitants and the Islamic law was not
the application of English Law. In the instance of the followed by the British administration since the
case of the Re goods of Abdullah, it was held the British considered that the use of common law
customary laws of the local inhabitants was a special applied to the states of the straits settlement.
case to the general application general application of
the English law


Three settlements were incorporated into straits settlement (Penang, Singapore and Malacca). English law was introduced through the
second charter of justice which contained almost the same provisions as the first charter of justice which was stood on 27 November 1826
with a little modification to suit the local inhabitants with different race and religions and customs.

We can see from the case of Fatimah v Logan where a Muslim had passed away in Penang and he left his will before passing away so the
confusion was which law would apply to determine the validity of the will. Finally, English law had superseded Islamic law as the courts
determined that lex loci of Penang was English law.

The jurisdiction of the court Judicature of Prince of Wales Island was extended through the charter to Singapore and Malacca. The
administration of justice Straits Settlements was considered unsatisfactory.

There was only one recorder who was assisted by lay justices. He who was based in Penang and rarely visited Malacca and Singapore. Lay
judges were appointed but their judgements were unsatisfactory. The active economic and social growth in the straits settlement caused to
system to be ineffective.

The effects of the charter was explained by Sir Benjamin Malkin In Goods of Abdullah held that customs of the local inhabitants were
exceptions to the application of English Law. In the instance of the case of the Re goods of Abdullah, it was held the customary laws of the
local inhabitants was a special case to the general application general application of the English law

There were modifications made to the English law from time to time. Judges announced the policy of changing the application of English
law to prevent injustice but studies of cases has shown that there were reluctance to accommodate the needs of the local inhabitants.
Customary rules were recognized only if it wasn’t in line with the common law. 

The effects of the charter can also be seen in cases like Rodyk v Williamson. A Dutchman left his property after his passing and there was a
debate as to which law would be applied for the case . Finally, it was decided that the dutch law superseded by the Chater

The courts were judged by English judges, which by practice were only given the jurisdiction to try civil matter. However, in practice we
can see from a few cases that English law had superseded the customary law and had impliedly became the law of the land. Example of
another case that displays this scenario is the case of Regina v Wilians where Sir Benson Maxwell R ruled out that when the second charter
of justice was implemented, it was implemented into every part of Malacca so the law of England stands in the judgement of the cases.

In conclusion, it can be seen that the customary laws of the local inhabitants and the Islamic law was not followe d by the British
administration since the British considered that the use of common law applied to the states of the straits settlement.

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