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Get this from a library! Undang-undang Melaka dan undang-undang laut. [Yock Fang Liaw; Hassan Ahmad] -- History and criticism of Malay literature on the texts of Melaka. Undang-undang malaysia akta a324 akta kanun acara jenayah (pindaan dan perluasan), 1976. 3 undang-undang malaysia. Melaka, pulau pinang.
Book Source: dc.contributor.author: M. Iit maths ml khanna ebook download.
MALAYSIAN LEGAL SYSTEM Sources of law – islamic law • 1. 14th century.
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Islam was brought by Muslim traders. Spread in Malacca during the reign of Parameswara who married a muslim princess from Pasai in 1414. He changed his name to Iskandar Shah. Ohio forge drill press replacement parts. • Other sultans of Malacca (Sultan Mansur Shah and Sultan Mohammad) adhered strictly to Islam. 15th century. Malacca became the centre for Islamic missionary work in the region.
Hukum Kanun Melaka (Laws or Malacca) 2. Undang-undang Laut Melaka (Maritime Laws of Malacca) • Was prepared during the reign of Sultan Muzaffar Shah (1446-1459) Contains 44 chapters, 18 of which had Islamic elements. • Chapters on marriage and divorce On wali, witnesses to marriage, rules on talad Were based on writings by Abu Shuja in “Al-Taqrib” Chapters on commercial transactions Weight and measure, prohibition of riba, sale of land etc Based on writings by Abu Shuja (in Al-Taqrib), Ibn Al- Qassim Al-Ghazzi (in Fath al-Qarib) and Ibrahim Al- Baijuri (in Hashiya ala al-Fath al-Qarib) • Chapters on evidence and procedure Chapters on criminal offences Punishment for killing, zina, sodomy, bestiality, slander, drinking liquor. • Prepared during reign of Sultan AbdulGhafur (1592-1614) Was modelled on Hukum Kanun Melaka Contained provisions on qisas, fines, zina, sodomy, theft, robbery, apostasy, omission of prayers, jihad, witness and oath.
• Also modelled on Hukum Kanun Melaka Johor Constitution 1895 -- during the reign of Sultan Abu Bakar. The translation of Majallat al-Ahkam al- Adliyyah (the Ottoman Civil Code 1876) into Malay, which was named as MajalahAhkam Johore. Hanafi Code of Qadri Pasha in Egypt was adopted and translated into Malay as the Ahkam Shariyyah Johore. • “There can be no doubt that Muslim law would have ended by becoming the law of the Malays had not British law stepped to check it” • “Before the first treaty [the PangkorTreaty 1874] the population of these State [FMS] consisted almost solely of Mohammedan Malays with a large industrial and mining Chinese community in their midst. The only laws at that time applicable to Malays was Mohammedan modified by local custom” • “Muslim law is not foreign law, it is the law of the land and the local law is a matter of which the court must take judicial notice.” (Note: “judicial notice” means matters which are so notorious and well known.
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S 56 Evidence Act 1950: “No facts of which the court will take judicial notice need to be proved”). • Islamic law was not recognised by the courts in the following cases: In theGoods of Abdullah Fatimah v Logan Courts recognised Islamic law in the following cases: Chulas v Kolson Sahrip v Mitchell • Ainan v Syed Abu Bakar [1939] MLJ 209 PP vWhite [1940] MLJ 214 Attorney General of Ceylon v Reid [1965] 2 MLJ 34 (PC) Martin v Umi Kelsom [1963] MLJ 1 Re Maria Hertogh [1950] MLJ 214 • S 112 Evidence Enactment was enforced on Muslims.
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Court held: “The Evidence Enactment is a statute of general application and that all the inhabitants of the Federated Malay States are subject to its provisions whatever may be their race or religion. In questions of legitimacy in the case of Muhammadans section 112 of the Evidence Enactment applies to the exclusion of the rule of Muhammadan Law.” • S 122 Evidence Enactment provides that the birth of a child during a valid marriage or within 280 days after its dissolution, is conclusive proof of legitimacy, unless it can be shown that the parties to the marriage had no access to each other at any time when the child could have been begotten.
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