LEGAL HISTORY

• Three main events that have the biggest

influence on the current system.
1. The emergence of the Malacca Sultanate.
2. Spread of Islam to South East Asia.
3. Arrival of English law.
 Malaysian legal history will be
discussed in 2 parts;
1.Before the acceptance of English Law
and
2.After the acceptance of English Law
 Before the acceptance of English Law
• Local Legal System.
• Malacca Sultanate.
• The occupation of Malacca by the Portuguese
and Dutch.
 Local Legal System
• Legal system of the indigenous tribes.
• Lived in the deep forests coastlines of the
Malay Peninsula and Borneo.
• Senoi, Negrito and Melayu Asli.
 Who is Orang Asli ?
• Article 161A Federal Constitution.

(6) In this Article "native" means—

(a) in relation to Sarawak, a person who is a citizen and either belongs to
one of the races specified in Clause (7) as indigenous to the State or is of
mixed blood deriving exclusively from those races; and
(b) in relation to Sabah, a person who is a citizen, is the child or grandchild
of a person of a race indigenous to Sabah, and was born (whether on or
after Malaysia Day or not) either in Sabah or to a father domiciled in
Sabah at the time of the birth.
(7) The races to be treated for the purposes of the definition of "native" in
Clause (6) as indigenous to Sarawak are the Bukitans, Bisayahs, Dusuns,
Sea Dayaks, Land Dayaks, Kadayans, Kalabits, Kayans, Kenyahs (including
Sabups and Sipengs), Kajangs (including Sekapans, Kejamans, Lahanans,
Punans, Tanjongs and Kanowits), Lugats, Lisums, Malays, Melanos,
Muruts, Penans, Sians, Tagals, Tabuns and Ukits. cle 161A Federal
Constitutions.
 Article 160 Federal Constitution
"Aborigine" means an aborigine of the Malay
Peninsula.
"Orang asli" ertinya orang asli Semenanjung
Tanah Melayu
 Malacca
• Parameswara in 1400.
• Embraced Islam – Megat Iskandar Syah.
• Islam became the state religion.
• Islamic law increasingly applied alongside
Malay Customary Law.
• Legal digest
1. Hukum Kanun Melaka
2. Undang-Undang Laut Melaka.
 Tom Pires, Suma Oriental, London:
Hakluyt 944
‘of such important and profit…that it has no
equal in the world ‘
 Administration
• Bendahara (Chief Minister)
• Penghulu Bendahari (Treasury)
• Temenggong (Commander of Police)
• Shahbandar (Harbour Master & Collectors of
Customs).
• Laksamana (Commander of Troops).
 Portuguese
• Portuguese – 1511 - Afonso de Albuquerque .
• Magistrates were appointed.
• Not much research on the administration of
justice during Portuguese occupation.
• Locals continued practicing Islamic &
customary laws.
• They only interested in commerce.
 Dutch
• 1641 - 1825.
• More interested in trade.
• Locals continued practicing Islamic &
customary laws.
 Effect ?
The Portuguese who were interested in
religion and trade and the Dutch who were
interested in trade did not leave any impact
on the legal system in general other than upon
the political and administrative structures.
Thus, Islam and Malay customary law
remained intact.