Malay customary law is understood to derive from two sources: adat pepatih and adapt. Adat pepatih developed among the matrilineal Minangkabau of Sumatra. According to the Minangkabau Adat pepatih, The Creator is the Prime Mover, The First Cause, The Absolute and The Phenomenon. Although we learn about. What is adat land? • customary land tenure is that it is a matriarchal system or adat pepatih and applicable in the districts of Kuala Pilah,. Rembau, Jelebu and.
|Published (Last):||28 February 2017|
|PDF File Size:||8.12 Mb|
|ePub File Size:||18.34 Mb|
|Price:||Free* [*Free Regsitration Required]|
Many of the provisions in the Malay law digest and the tribal sayings in Negeri Sembilan shows considerable Islamic influence.
The cultural influence spread into Malaya and affected the political and social institution. At the beginning of this era the first Indian settlement had already established themselves in Malaya and until the 14th century Indian culture puts its stamp on the Malays way of life, introducing Indian religion, laws and language in this region and replacing native tribal organisation with government by a Sultan.
Though both the adat originated from tribal organization in the past, it is in adat pepateh that is the remnants of tribal structure are clearly evident. In Peninsular Malaya, the Hindu influence can be found in the early civilized states such as Kedah at that time called Langkasuka and in Pahang. When Sultan Iskandar converted to Islam he made all his people do the same without any opposition.
Administration of the adat The Malay in general is not a litigious person. As a bamboo conduit makes a round jet of water. Hindu incantation were now called prayers doa. The other route of emigration led through Palembang in south Sumatra which formed a pact of Hiduized kingdoms. Adat constant and coherent system. Under the adat, circumstantial evidence is preferred to oral evidence tendered by a witness.
Adat pepatih on the other hand has provided a democratic constitutional structure to some extent in order to safeguard justice compared to adat temenggong. Unlike the society, the royal families are patrilineal. Rub against the stem of a bamboo and you itch.
Posts with tag “adat pepatih”
Such a system had encourage bribary and blackmail. Shake it and you are sprayed with moisture. The system of government in the Malay sultanate clearly did not lend itself at addat time to a proper administration of justice. All females must be identified with a piece of customary land.
Click here to sign up. Punishment system in the laws of Adat Perpatih generally aims to reform or rehabilitate the wrongdoer rather than retaliating against him.
Although there are some so called written law such as the Malacca Codes and Perak Code but these digest cannot reflect that the laws has been clearly define bacause sometime their authorities were often subject to the absolute power of the ruling class. Except in the face of a foreign aggressor each state was self sufficient, so that until the days of the Pepatjh protection the territorial chiefs never met regularly in council pepqtih the ruler as each one of them met in council with his own tribal chiefs.
There is also a female leader known as Ibu Soko. The only rationale explanation on the priority given to the circumstantial evidence may have been that man should be encourage to walk warily avoiding suspicious proximities.
Only men are eligible to be elected as leaders for their clan or tribe. Sultan Iskandar Shah derived great profit and satisfaction by the prosperity of trade in Malacca. The sons would be compelled to marry into other communities and leave their native homes and to take abode in the houses of their wives. It is a social norm established by long usage laid down by a paramount political power or rules of human conduct which is recognized as being obligatory.
Inter-tribal marriage is not allowed among Adat Perpatih followers. The interest of the Malay chiefs lay in the director of exacting heavy fines, slavery and vindicating his authority by the cruel punishment of any man who dared to gainsay him or disregard his command. This custom is also practised by the Comorian when the Malayo-Polynesian migrated to Africa years ago. Historical perspective To understand the whole purpose of this topic, it is very important to note the historical background of Peninsular Malaya and the Malays themselves.
As to the law of evidence, presumption of guilt was required in the form of human prison houses or roads in order to evidence and devine evidence. He is the source of honour and the fountain of justice. All executive authority lays with the great local chiefs. In other words, the granddaughters of a deceased female inherit through their deceased mother’s right of inheritance. However the monarchy system are different.
The adat lays down certain procedure to organise these power.
Property or land that a man earns is not included under this custom. This has resulted that every citizen had to find a paid patron or protector.
Adat perpatih – Wikipedia
A study on adat will not only reflect its legal consequences but also the way of life and the identity of the Malays itself. Their culture is matrilineal and patriarchalwith property and land passing down from mother to daughter, while religious and political affairs are the responsibility of men.
It is perhaps one of the most powerful statements relating to adat and its place in Malay society. Astray at the end of the track Back to the start of the track Astray at the end of the talk Back to the start of the talk A method of inquiry that is discountinuance by the adat is that of insufficient discrimination and is describe as judgement of the thrusting fish trap hukum serkapfor a core shaped trap when thrust down in shallow water may enclose indiscriminally a myriad catch of fish.
Under the circumstances it is not difficult to paint a very highly coloured picture of the immense improvement adag the position of the Malay mases since the introduction of British rule. The rapid spreading of Islamic teachings in Malacca and the whole Peninsular was indirectly improved by the Hindu influence in the Malay society. First of all there pepahih the basic principle that for every election and every decision, complete unanimity is required.
Inter – tribal marriage is strictly offence in their adat perpatih custom law. However this authority did not operate absolutely. To the communal system they also owes the merits of their laws. After all adat is peppatih behaviour apart from its customary law.