CENTER STUDY OF TOWN AND REGIONAL PLANNING, DEPARMENT OF

BUILT AND ENVIRONMENT AND TECHNOLOGY, UNIVERSITI

TEKNOLOGI MARA PERAK BRANCH, SERI ISKANDAR CAMPUS

Task 2
Islamic law and malay custom law
Adat Pepatih and Adat Temenggung
PREPARED BY:
Muhammad Azrul Arif Bin Mohd Izham (2021355021)
Muhamad Afif Najmi Bin Mohamad Nasir (2021329763)
Mohammad Ilham Bin Hamid (2021355073)
Muhammad Aiman Bin Jafri (2021355003)
Nursyazana Aqilah Binti Nor Az Azlan (2021354973)

GROUP: AAP2215A

PREPARED FOR:
Dr. Puteri Yuliana Samsudin
SESSION:
OTCTOBER 2021- FEBRUARY 2022
 01 02
Explanation on
Differences
between Islamic adat pepateh and
law and malay adat temenggung
custom law
 01
Differences between
Islamic law and malay
custom law
1 What are differences between Islamic law and malay custom law
ISLAMIC
LAW
• A major source of malaysian law but it is applicable only to Muslim regardless of race (Winfred
Melvin Hart, 2017).
• Islam is not just a religion but also a way of life (Winfred Melvin Hart, 2017).

• Administered by separate system of syariah courts at state levels and in the federal territories
(Winfred Melvin Hart, 2017).

• Islamic law was established in Malaysia by the fourteenth century. During the colonial period, the
British did not interfere with religion in the country. Islam was adopted as the religion of the state,
with the Constitution providing that the leader in each state must be a Muslim.  Yet, the
Constitution also guarantees full religious freedom to members of all faiths (Shaikh Mohamed
Noordin (2009).

• Islamic law is not a legal system, but a legal tradition, much like the common or civil law
tradition (Shaikh Mohamed Noordin (2009).

• Each state in Malaysia has its own Syariah court system, which deals with matters relating to
Islamic law in which all parties are Muslim (Shaikh Mohamed Noordin (2009).
 What are differences between Islamic law and malay custom law
MALAY CUSTOMary
•
LAW
Customary Law is basically an ancient unwritten law for a certain place and no rules has ever been
enacted by the legislative authority. The other definition of customary law is the law of the local people
as developed and handed down from time immemorial. The Malay term for customary law is “adat”
(FamilyMy, 2011).
• In west Malaysia more specifically in the state of Negeri Sembilan, they practice the customary law
known as Adat Pepatih while for the rest of the states in Peninsular Malaysia they practice Adat
Temenggong. In east Malaysia or rather in both the sates on Sabah and Sarawak, the natives from the
Iban and Dusin tribe practice the customary law known as the Adat Laws.

• Malay customary law is called adat, a word borrowed from the Arabic. Adat, in general, means right
conduct; and in common usage, it stands for a variety of things all connected with proper social
behaviour. (Buxbaum,1968)

• Malay customary law has been practiced in Malaya since the existence of the aboriginal
community.  These laws are unwritten and based on practice and belief.  Customary law consists
of the customs and traditions of the Malay nation.  Customary law can be enforced by the head of
the district as a law that/live in a time and in a place customary law can be amended and
modified with the will of the community.(Siti,2013)

• Thus it will connote rules of etiquette and the ceremonies prescribed for a particular occasion,
such as marriage, as well as those customs which have "legal consequences." (Buxbaum,1968)
 02
Explanation on adat
pepateh and adat
temenggung
2 Explanation on adat pepatih and adat temenggung

• Adat or Custom is the rules of life for generations in a society so that it becomes a law
that must be obeyed.

• Among the customs in Malaysia are Adat Pepatih and Adat Temenggung

• Both originate from Sumatra and are practiced in the Malay states

• It started when a Sumatra nobleman divided his rule into two of his sons Datuk
Perpatih Nan Sebatang (established a government at Pagar Ruyong) and Datuk
Ketemenggungan (building a kingdom in Palembang)
 EXPLANATION ON ADAT PEPATIH AND ADAT
TEMENGGUNG
ADAT
ADAT PEPATIH TEMENGGUNG
• It is an unwritten law and is inherited orally. This law is • Adapted to Islamic law
based on 2 sources, namely the inherited custom or
Customary • Interpreted and executed by Tok Penghulu or Tok Penggawa
Law • If customary law is violated, it can be punished
hereditary custom and the Islamic law that is followed from
the Shafie sect. This custom law is memorized by the head
of the custom. • The king has absolute power

• Terms of politics and administration it emphasizes the

Political and • The eldest son replaces the king when he dies
• The throne is inherited by a younger brother if he has a
principles of democracy and cooperation in society. Administrative son
• The government has no absolute power for this law.
System • The king is responsible for appointing magistrates
• Practicing the concept of deliberation and consensus
between and magnifier
• Punishment for adat pepatih customs prioritizes the element
of rehabilitation based on the concept of cooperation and Punishment • Criminal law is very harsh and retaliatory
family ties

• The mother and father are equal

• Their family system the relationship between the tribes is
very close and prioritizes the family of the women Family System • Can marry anyone as long as there is no blood relationship
• Prioritize family matters on the side of men

• The division of the pepatih customary estate is inherited by

Divide Of • Sons will be given more priority because sons have
the responsibility of caring for their parents
the daughter Inheritance • Coincides with the law of faraid in Islam

Source:
Adat Perpatih vs Adat Temenggung. (2021). Retrieved October 21, 2021, from Scribd website: https://www.scribd.com/doc/245236497/Adat-Perpatih-vs-Adat-Temenggung
sources
Family.My.(2011). Malay Islamic Law and Customary Law. Retrieved March 15, 2011 from
https://www.family.my/malaysia-islamic-and-customary-law.htm
Law teacher (2019). Founder, History of Native Customary Law in Sabah and Sarawak. Retrieved 20 August, 2019 from
https://www.lawteacher.net/free-law-essays/equity-law/founder-history-of-native-customary-law-essays.php

Buxbaum D.C. (1968) The Nature of Malay Customary Law. In: Buxbaum D.C. (eds) Family Law and Customary Law in
Asia. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-6216-8_2

Winfred Melvin Hart. (2017, July 21). SOURCES OF MALAYSIAN LAWS. Retrieved October 21, 2021, from Slideplayer.com
website: https://slideplayer.com/slide/4534487/

Siti Aisyah Saliman. (2013). Undang undang adat. Retrieved October 21, 2021, from Slideshare.net website:
https://www.slideshare.net/CHAHMAN/undang-undang-adat

Shaikh Mohamed Noordin (2009). Researching Islamic Law: Malaysian Sources

https://www.nyulawglobal.org/globalex/Researching_Islamic_Law_Malaysian_Sources.html

Adat Perpatih vs Adat Temenggung. (2021). Retrieved October 21, 2021, from Scribd website:
https://www.scribd.com/doc/245236497/Adat-Perpatih-vs-Adat-Temenggung