legal history Flashcards
before british colonisation
Native legal system
Malay states - Malacca
Dutch and Portuguese Legal System
after british colonisation
Straits Settlement
Federated Malay States
Unfederated Malay States
terminology of native legal system
- Hindu legal system – (1st century to 13th century)
- Entry of the Chinese
- Malacca sultanate and the adoption of Islamic law – (1414-1510) (other states had also accepted Islam and became a sultanate kingdom until now)
- Portugese legal system (1511-1641)
- Dutch legal system (1641-1795)
- English legal system (1795-1957)
native legal system
1) Earliest evidence of human existence was found in Gua Niah;
(2) In Peninsular Malaysia, earliest evidence of human existence was spotted among the Neolithic people in Malaysia;
(3) Their descendants are found today among the Negritos;
(4) Then came the descendants of the Mesolithic culture including Senoi;
(5) Then came the Proto-Malays;
(6) Then came the Deutro-Malays.
negrito
■ Can be found in Perak, Kelantan and Kedah;
■ Comprised of many tribes – each tribe headed by a Chief – the eldest among all – have power over his people;
■ Legal system practiced – punishment includes fine, admonishment and flogging.
senoi
■ Each tribe headed by a Penghulu – upon the Penghulu’s death, his eldest son will replace him;
■ Penghulu had full civil and criminal jurisdictions over his people;
■ Simple legal system practised – for major offence such as murder, there is a tribunal headed by a Penghulu and consists of older people from the tribe;
■ Capital punishment imposed on grave offences;
■ Other punishments include fine for theft
proto malays (Melayu Asli)
■ Headed by a Batin, assisted by the Jinang, Penghulu Balai, Jukra and Panglima;
■ Batin has powers over his people – administered law with the assistance of tribe elders;
■ Each tribe has their own law which differ from one tribe to another.
