INTRODUCTION

The traditional laws were generally unwritten and only customary in nature.A Malay Sultan during the
melaka era held absolute power and commanded absolute loyalty from his subjects.The sultan could
decide war ,decide on the life and death of his subjects ,administer justice and maintain law and order.

In considering the evoulution 进化演变 of legal system of Malaysia,some reference ought to be made
to the development of Melaka sultanateThis period was an early landmark in the development of the
legal system and the administration of justice.The establishment of melaka as a port facilitated 促进 the
spreading of Islam and Islamic legal concepts.Malaka embraced Islam and with that Islamic rule and
principles were introduced in the state during that periods.As Islam become the state religion in
melaka,Islamic law together with customary administered 执行 in Sultanate.The fifteenth century and
the beginning of sixteenth century,marked the earlier history of the introduction codified laws and the
reception of Islamic laws into the country.In the Malacca Sultanate,the laws were under the charge of
Bendahara(Prime Minister)who exercised political and judicial functions.The Temenggung was
responsible for apprehending 逮捕 criminals ,maintaining prisons and keeping the peace.The
Syahbandar (Port Master)was in charge of the traders and collection of taxes.

In traditional Malay society ,there was no distinct separation of powers as is practiced today between
the judges and the executive.The ruler and their chiefs was responsible for maintaining social unity,law
and order.The political hierarchy usually comprised 由…组成/包括 village head,district chiefs and
above them Sultan or Rajah 拉惹 who was the Surprme Ruler.The headmen was usually the leader of
the village community assisted by mata-mata.At the village level,the laws applied was Islamic law which
was modified by Malay customary practices.Generally speaking ,there were two or three distinct
categories of customary practices or adat.The matriarchal adar perpateh which originated in
Sumatra,was observed in the area around present day.Many other Malay States followed the patriarchal
adat temenggong,loosely used to describe a variety of customs.Some elements of adat still remain a
living tradition regulating,sometimes the lives or even the most sophisticated 富有经验的 people.

In Malysia we have a written constitution known as Federal Constution. The Federal Constituition of
Malaysia was fully adopted in31 August 1957.It is the highest law of our country and contains the
fundamental rights of the citizen.The constitution guarantees our basic rights such as right to life and
libert,right to equality,right to education,right to property as well as freedom to practice one’s religion.

Common law that brought by English colonialists form the foundation of our legal system.Since witten
law cannot address fully every aspects of the principles of law,common law thus provides guidance 指导
on areas that are not covered by written law.The Malaysia legal system and its law follow closely English
law principals and also apply judgements and decisions by the English Courts in deciding a case.
A statue is a formal and wrien law of our country.When Parliament passes a law,it becomes an act which
is also known as statue law.Legislation refers to the law enacted by a body constituted
for this purpose.The Parliament and State Legislature are not supreme so they have to
enact laws subject to the provisions set out in the Federal and State
Constitution.Subsidiary legislation are made up by the people or body who are
authorized by the legislatures.Subsidiary Legislation is mainly legislated by Minister and
local authorities.It is made in contravention of either a parent Act of the constituition is
void except in proclamation of emergency Article 1950 of the Federal Constitution.

Customary law remain an important source of law for the natives of Sabah and Sarawak.particular as a
means of social control in remote 偏 僻 communities and in the administration of
estates,family law and inheritance and as well as the election of traditional ruling chiefs
统制酋长.

Melaka’s strategic location destined 注 定 / 决 定 it to received ships from many directions.Its

ability to capitalizeon its convenient placed location and on the trading
experienced enabled it to both the regional and international trade in the Malay
Archipelogo.Melaka’s rapidly expanding volume of trade ,effective
administrative structure,safe anchorage and reasonable taxation system,
ensured that it become a fabulously entrepot in 15 th and earlier 16th
centuriesMelaka was the richest port with the greatest number of wholesale
mechants and with the most shipping and tradings activities.

The most important activity in Melaka was the Indian piece-goods,Chines products for the
spices,aromatics dyewoods 芳香染料 and merdicinal herbs from this religion.

Sultan could enslave the war captives or force its vessels to pay tribune in tin or gold.The income
of the sultan was derived from dues on license, from sales of land and ships and
fines imposed on offenders.Besides,he also claims half of the property of
deceased person, and all of the estate if the deceased person left no will.

Melaka which emergence in 15th and the earlier of 16 centuries as a trading emporia and made
fabulously glory which had influenced until today.
The administration was very systemically.Leader of melaka did a great job in ensure that there
was a proper system in melaka
Founder of Melaka, Parameswara had brought Melaka into fabulously glory.The Melaka
empire whether from the aspect of administrative or legal sytem were comprehensive and
precise in manner.
CONCLUSION

Malaysia has a rich,unique and infinitely 无限的 varied blend of practices 习俗 affecting all members
population whether they are indigenous to the country or the descendants of immigrant settlers.When
the Chinese immigrants arrived ,they were left very much to themselves.Ther have their own kepala or
headmen that settle disputes amongst them.The Chinese were allowed to follow their cuastoms in
succession 继承权 and family matters .The admistration was content 满足 with levying 征收 tolls and
collecting royalties from mines 矿产使用费.Similarly in personal matters,the Indian immigrants followes
Indian law and customs as practised in India

In the 15th century,Portugal began with circumnavigate the globe to seek out new lands to expand
trading networks and to spread Catholicism.When they able to sail to the East,they actually had reached
their dream of obtaining ’3G’;God, Glory and God.They want to be a well known empire in the world
besides eliminating Muslim power.Hence, Melaka was the best and suitable place for them to achieve
their targets to be a famous and great empire in the 15 th century

The Portuguese came with the aim to achieving three objectives,”For God,Glory and Gold””.The Asian
spices was be sold in high price due to high demand, many middle men monopolized by Muslim
merchants.Glory: prince Henry the navigator,15 th century Portugal’s Age of Discovery.God.Spread the
Christian Gospel.The 11th century crusade war.mythical priest-king prester john.

Captain of Fortress which known as Covenor.A Portuguese captain of fortress was in charge in
Melaka.He served 3 to years.This post was usually given to the noble men as the reward by the King or
Vicerory.he guarded and controlled the straits of melaka.he was the controller of th eVicerory in
Goa.After 1571,he was known as the Governor of the South.A captain general was in charde of the
military garrison for three years.

A Chief of justice or ovidor wa appointed to ensure that justice was served and carried out in
Melaka.the ovidor has to obtain the advice of the Governor in criminal x=case .There were 7 Madistrates
under the ocidor but only the important cases would selected among the important citizens.They
presided over civil and criminal cases which could be sent to Ovidor oon appeal.Any appeal then will
later go to Governor.

These magistrates formed part of Municipal Council. The Bishops of Melaka and the three important
officers of the religious society in Melaka were also a member of the Municipal Council.This council was
in charge in the matters pertaining to finance,public works.local trading rules and the cleaning
town.They advised the Captain of Fortress and matters other than administration.

The aboriginal people do not become trespassers on their own land by the establishment of a colony or
sovereignty,