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KembaraXtra-Malaysian Criminal Law-Introduction-Historical Background of Criminal Law in Malaysia
1. Introduction
1.7.1 Before the European Occupation
2. Early Indigenous Legal Systems
4. Role of Adat (Customary Law)
5. Introduction of Islamic Law
6. Laws of Malacca (Hukum Kanun Melaka)
7. Influence on Other Malay States
8. Terengganu and Islamic Legal Administration
9. Position Before European Colonisation
KembaraXtra-Malaysian Criminal Law-Introduction-Historical Background of Criminal Law in Malaysia
1. Introduction
- To understand the development of criminal law in Malaysia, it is essential to first understand the historical evolution of the Malaysian legal system.
- Malaysian criminal law did not develop in isolation but evolved through:
- indigenous customs,
- religious influences (especially Islam), and
- later colonial intervention.
1.7.1 Before the European Occupation
2. Early Indigenous Legal Systems
- From ancient times, the Malay Peninsula and Borneo were inhabited by various aboriginal tribes.
- These communities practised primitive tribal legal systems based on:
- customs,
- traditions, and
- social norms.
- Laws were largely:
- unwritten, and
- enforced through community practices.
- Over time, social organisation evolved from:
- villages → river states → city-states → empires.
- This evolution led to more structured systems of governance and law.
- Major empires emerged in the Malay Archipelago, including:
- Srivijaya, and
- Majapahit.
- These empires covered vast regions across:
- the Malay Peninsula,
- Sumatra,
- Java,
- Borneo, and surrounding areas.
4. Role of Adat (Customary Law)
- During these early periods, law was primarily governed by adat (customary law).
- Adat left a lasting influence on the legal systems of the region.
- Among the Malays and natives of Sabah and Sarawak, adat was categorised into:
- Adat Perpatih – matrilineal custom;
- Adat Temenggung – patrilineal custom.
- Adat governed matters such as:
- social conduct,
- disputes, and
- punishments for wrongdoing.
5. Introduction of Islamic Law
- With the spread and acceptance of Islam, Islamic legal principles began to influence local laws.
- The State of Malacca, a major trading centre and regional power, played a central role.
- Malacca introduced the Laws of Malacca (Hukum Kanun Melaka) during the reign of Sultan Muzaffar Shah (1446–1459).
6. Laws of Malacca (Hukum Kanun Melaka)
- Covered a wide range of legal matters, including:
- criminal offences,
- commercial transactions,
- family law,
- evidence and procedure,
- duties and powers of rulers.
- Punishments were a combination of:
- Islamic law, and
- Malay adat.
7. Influence on Other Malay States
- The Laws of Malacca were adopted and adapted by other Malay States, such as:
- Pahang Laws (1596),
- Kedah Laws (1605),
- Johor Laws (1789),
- Perak Code, and
- Ninety-Nine Laws of Perak (1765).
- This reflects the widespread influence of Islamic-adat legal principles across the Malay States.
8. Terengganu and Islamic Legal Administration
- In Terengganu:
- a 12th-century Stone of Inscription recorded Islamic legal principles.
- During the reign of Sultan Zainal Abidin III (1881–1918):
- Islamic law was formally administered.
- Criminal punishments included:
- Hudud,
- Qisas,
- Diyat, and
- Ta’zir.
- The Terengganu Constitution of 1911:
- provided for court structures, and
- facilitated the administration of Islamic law.
9. Position Before European Colonisation
- Prior to European colonisation:
- the law in the Malay States was predominantly Islamic law,
- supplemented by local Malay customs (adat).
- This legal foundation formed the basis upon which later colonial criminal law developments were built.
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