Historical context
Malaya soon came under the influence of the flourishing civilisations in India and China. The two main streams of adat (adat perpateh and adat temenggong) have their origins deeply embedded in the traditions of the South Indians.[490] However, the most profound and lasting foreign influence on contemporary Malaysia is probably the introduction of Islam to SoutheastAsia around the 14th century.[491] Although there remains much debate over the route by which Islam was brought to the region, it is clear that Islam has impacted significantly on indigenous culture.
Nevertheless, the adoption of the new religion did not result in the complete elimination of the pre-Islamic culture.[492] As Islam moved towards becoming the state religion, Islamic laws were increasingly applied alongside Malay customary law (adat).The Malacca Sultanate was established around the 15th century by a prince fromPalembang, Parameswara, who fled from Sumatra, and first sought refuge in Temasek (present-day Singapore) before fleeing again to Malacca. It is generally accepted that the law administered then was a combination of Islamic law and adat temenggong, patriarchal Malay customary law. Adat temenggong is distinct from adatperpateh, which is practised in present-dayNegeri Sembilan and certain parts of Malacca.[493] The adat temenggong was the law of the Sultan, and was later adopted in the other regions of Peninsular Malaysia. The Sultanate of Malacca produced two important written legal texts or digests: the Hukum Kanun Melaka, and the Undang-UndangMelaka (Laws ofMalacca)[494] The HukumKanun Melaka contains several chapters relating to matters such as the responsibilities of the Rulers and the various chiefs, prohibitions among members of society, the penalties for criminal offences and matters pertaining to the family.[495]
The Portuguese occupied Malacca from 1511 to 1641 and were succeeded by the Dutch, who eventually surrendered it to the British in 1795.
They reocÂcupied it from 1801 to 1807 but finally ceded it to the British in 1824. The Portuguese and Dutch conquests of Malacca had limited legal implications.[496] The local inhabitants were allowed to continue with their way of life and the practice of their religion.[497] The British acquired Penang by cessation in 1786, and finally obtained total control over the island by the Anglo-Dutch Treaty of 1824. Therefore, by 1824, Britain was in control of Penang, Malacca and SinÂgapore, which were collectively known as the Straits Settlements. The Straits Settlements were originally administered as a residency or presidency under the Government of Bengal in India, but in 1867 came under the direct jurisdiction of the Colonial Office in London, thus gaining a more independent status.[498]British influence in Peninsular Malaya spread through treaties with the Malay Rulers which placed the Malay States under British protection. In 1895 the four Malay States under British influence - Perak, Selangor, Pahang and Negeri Sembilan - became the Federated Malay States. In 1909, the Siamese ceded the states of Kedah, Perlis, Kelantan and Trengganu to the British. Johore agreed to receive a British adviser in 1914. These five states remained outside the FederaÂtion and were known collectively as the Unfederated Malay States.[499]
In 1888 both Sarawak and North Borneo became protected states. ThereÂfore, during the 20th century, adat perpateh and adat temenggong were largely replaced by English law. Nevertheless, the old tribal and religious law survived to a certain extent in areas of jurisprudence traditionally excluded from the influÂence of English law - the law of property and succession, and of marriage and divorce.[500]
The Japanese Occupation of Malaya from 1942 to August 1945 accelerated the end of the British imperial order, despite the eventual Allied victory. A rapid wave of decolonisation took place at the end of the war.
After World War II, North Borneo and Sarawakbecame crown colonies and the Straits Settlements were dissolved. In 1946 the British proposed forming a Malayan Union, with Malacca and Penangjoining the nine Malay States and Singapore to become a separate colony. However, this proposal was later abandoned due to the intense Malay opposition.Instead, the Federation of Malaya was established in 1948, and eventually became an independent sovereign country on Merdeka Day, 31 August 1957. Nevertheless, the basic legal framework introduced under British colonial rule was retained.
In 1961 the first Malayan Prime Minister, Tunku Abdul Rahman, endorsed the British plan to form Malaysia, which would include the 11 states comprising Malaya, Singapore, North Borneo (now Sabah), Sarawak and Brunei. However, Brunei withdrew before the establishment of the Federation. On 9 July 1963 the Governments of the Federation of Malaya, the United Kingdom, North BorÂneo, Sarawak and Singapore signed the Malaysia Agreement. Not long after, on 9 August 1965, Singapore separated from the Federation to become a fully independent republic.[501] Present-day Malaysia is a federation of 13 states and three federal territories.[502]
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