22nd

 Legal Inforace

Amirah Atiqah binti Adrein (166036),

Kauthar binti Hafidz Rahimi (166041),

Latifah binti Husaini (166043),

Nur Amirah Zakirah binti Shazlen (166050) ,

Nurul Shafinaz binti Mohd Adnan (166073)

LSA 0114 Introduction to Law

Mr. Ridhwan Salleh

Semester 3, 2016/2017

IIUM CRESCENT

Statement:

The influence of Islamic Law can be traced back from the period of Malacca Sultanate.

1. Introduction: History background of the existence of The Malacca Sultanate (1400)

• Parameswara, Palembang prince who founded Malacca as he was fleeing north from the Majapahit armies.
• He married a Muslim the princess from Pasai as he also embraced Islam and took the name of Raja Iskandar Shah. They were blessed with a son named Megat Iskandar Shah
• He also went to several visits to Ming China to accompany the Admiral Zheng He.
• In result, the development of Malacca was being helped by all the alliances stated in terms of making Malacca as a major international trading port and an intermediary in the lucrative spice trade that influenced the coming of Islam in Malacca.

Ahmad Sarji, Abdul Hamid (2011), The Encyclopedia of Malaysia, 16 - The Rulers of Malaysia, Editions Didier Millet, ISBN 978-981-3018-54-9

bin Adil, Haji Buyong. The History of Malacca During the Period of the Malay Sultanate. Kuala Lumpur: Dewan Bahasa Dan Pustaka, 1974.

bin Adil, Haji Buyong. The History of Malacca During the Period of the Malay Sultanate. Kuala Lumpur: Dewan Bahasa Dan Pustaka, 1974.

2. Malacca as the center of islamic propagation and islamic studies

• At that time, Melaka was the center of islamic propagation and islamic studies as it was a place for the meeting of ulama and preacher.
• The Sultan of Malacca accepted the coming of Islam and had sent an authority to Pasai for the purpose of asking questions about religious matter.
• Madrasah, mosque and musolla were built for the learning of Islam and as a center to learn the recitation of Quran.
• Apart from that, Malacca was also a center of Tasawuf studies. One of the popular scholar in Tasawuf studies is Abdul Karim Al-Jali who wrote the book of Insan Al-Kamil
• The Sultan of Malacca applied the islamic moral such as “musyawarah” which is the discussion among the authorities on the matter of administration.

Yusoff, Iskandar, and D.J.M. Tate. The Malay Sultanate of Malacca: A Study of Various Aspects of Malacca in the 15th and 16th Centuries in Malaysian History. Kuala Lumpur: Dewan Bahasa dan Pustaka, Ministry of Education Malaysia, 1992. ISBN 9836228411.

3. Administrative – Islamization

One of the factors that on how Islam was spread throughout Tanah Melayu in the 1400s is through marriage. Marriage leads to the Islamization of the other partner and eventually islamization of the citizens. Traders that come to Melaka would marry local women and also women from the higher ranks and from there, their connections with the higher ranks will give way for them to spread Islam. Marriage between kings and princesses between countries is also one of the factors in the spreading of Islam. Melaka colonised a number of states during the time. Therefore marriages between the kings from Melaka with the princesses from the colonised states also occur to be one of the factors. When the higher ranks and the royal family start to receive the teachings of  Islam, eventually the citizens have high probability in following what is practiced by the higher ups.

Secondly, as said once by John Crawford “Islam came to Malacca through traders from Arab.”. Trading was a huge factor of the Islamization of law during the Sultanate Malacca as records of China has proven that traders from Arab and Persia started their trades in Canton, China since 300 centuries. Arab merchants will be given no choice but to stop by at Selat Malacca port due to its strategic position in trading strip for any merchants who wanted to go to China. During their time in Malacca, they would build small villages and stay in Malacca for a few months. This has given way for Islam to spread in Malacca from the Arab merchants.

Kesusasteraan  juga telah menjadi saluran penting kepada penyebaran Islam di Malacca. Dengan kedatangan Islam, masyarakat telah menggunakan bahasa Melayu sebagai bahasa perhubungan utama. Dengan adanya satu bahasa, kegiatan menyebarkan Islam menjadi lebih mudah dan lancar. Kedatangan Islam juga telah memperkenalkan tulisan Jawi. Hasil-hasil sastera Melayu ditulis dalam tulisan Jawi. Pelbagai bentuk sastera Arab seperti syair dan gurindam telah mempengaruhi bahasa Melayu. Hasilnya sastera-sastera Islam telah dikembangkan melalui bahasa Melayu dan ini sudah tentu dapat mengembangkan lagi fahaman orang-orang Melayu terhadap ajaran Islam. Di samping ajaran agama Islam, terdapat hasil-hasil sastera Islam seperti Hikayat Nabi Bercukur, Hikayat Raja Khandak, Hikayat Amir Hamzah. Jadi pengaruh agama Islam tersiar dengan meluas di Malacca dan berjaya dijadikan satu pegangan yang teguh dan kuat. Karya-karya ini mengandungi pelbagai unsur yang boleh mendekatkan kefahaman pembacanya kepada ajaran Islam itu sendiri.

4.  Legal aspect – Malay Digest

• Before Islamic Law (Syariah) was introduced, the Malays used adat or customary law which was impacted by Hinduism.
• The Malay Digest consist of the Malacca Laws, Pahang Digest, Johor Digest and etc.

• The Malacca Laws (Undang-undang Melaka), demonstrates the impact of Islam in Malay standard laws.
• The Undang-undang Melaka is a hybrid content. At the end of the day, it is made out of a few separate writings bound together as one original copy. It was replicated and later recopied and despite the fact that it without a doubt came to be viewed as one content, the different segment parts still plainly show themselves. The Malacca Laws comprise of six unique writings.
• In its organization, the rulers had designated Qādīs (judges) as their guides in religious matters. This was demonstrated by the nearness of noticeable religious men, for example, Kadi Yusof, Kadi Monawar and Maulana Abu Bakar.
• The Islamic laws in Malacca possess just about a fourth of the total of the nearby arrangements, which concern marriage law, law of offer and system, and criminal law.
• The Malacca Laws comprise of six contrast writings.
• Only adat or customary law can be found in the earlier versions of the Malacca law
• In the later versions of the Malacca Law, a combination of adat or customary law and also Islamic law (Syariah).
• For example, in criminal law for punishing over a certain crime, the punishment or penalties is not just based on adat or the customary law but the punishment or penalties are also according to Islamic law (Syariah)
• For example, it is specified in Chapter 5.3: identifying with the executing of a lover, it is worth to highlight the reference from the Malacca law.
• It says “On the off chance that he (a lover) keeps running into somebody's compound and is sought after by the spouse, whereby the last is included in a battle with the proprietor of the compound; If he (the proprietor of the compound) opposes him and the follower is executed, the last basically kicks the bucket and there should be no prosecution. This is the custom of the nation. In any case, as indicated by the law of God, he who executes might likewise be slaughtered. For this is as per what is expressed in the Qur'ān and is in compatibility of (its instructing): (God offers us) to do great, and disallows us to confer sin”
• After the fall of Malacca, renditions of the Undang-Undang Melaka were received in the Malay states which were branches of the Melakan Empire.These additionally demonstrate the impact of Islamic law ( Syariah).
• The Pahang Digest that was organized for the Sultan Abdul Al- Ghafur Muhaiyyudin  Shah  had a strong Islamic law (Syariah) impact in it, It stated in the digest that Pahang is an Islamic state and from sixty eight articles, forty-two of them were formed from the Islamic law (Syariah)..
• Other than the Johor Digest of 1789, which was displayed on the Undang-Undang Melaka, interpretations were made of codifications of the Syariah made in Turkey and Egypt. The Majallat Al-Ahkam of Turkey was deciphered as the Majallat Ahkam Johore and the Haanafi code of Qadri Pasha of Egypt was interpreted as the Ahkam Shariyyah Johore.

Hamzah, W. A. (2009). Historical Background of Islamic Law in Malaysia . In W. A. Hamzah, A First Look at The Malaysian Legal System (pp. 151-152). Shah Alam: Oxford Fajar Sdn. Bhd.

Mohd Nor, M. R. (29 September, 2016). From Undang-undang Melaka to federal constitution: the dynamics of multicultural Malaysia. Retrieved from SpringerPlus: https://springerplus.springeropen.com/articles/10.1186/s40064-016-3360-5