THE LEGAL SYSTEM OF MALACCA SULTANATE

1. Sejarah Melayu book found information relating to elements of unwritten laws which
existed in Malaya for about 18 centuries.
E.g: We can find the words titah, daulat, murka, kurnia, anugerah and beta where
they contained legal values.

2. The books also shows that the ruler (sultan) was the source of law and fountain of justice:

a) He determined the penalties for killing, robbery, theft, false accusation, etc.
b) He was the highest court where he had power to grant pardon.
c) Relating to execution of sentences, it was often very unfair. If an aristocrat was involved,
the sentence would be reduced or not imposed at all.

3. In the administration of justice several chiefs (ministers) were appointed who played quite
important roles. Their powers would depend on the personality of the ruling sultan. Sejarah
Melayu reported that there were a number of incidents where these chiefs had become
more powerful than the ruler.

4. These chiefs were divided into several category of offices:

a) Bendahara his power was equal to Prime Minister;
b) Temenggong his power was equal to Chief Police;
c) Laksamana his power was equal to Commander-in-Chief and responsible to execute
the sentence passed.

5. Some authorities said that the administration of justice during Malacca Sultanate was
savage and deterrent.

6. At the end of the heyday of the Malacca Sultanate, there were 2 important digests of law
which contained a mixture of relics of Hindu law overlaid with Muslim law and Malay
Indigenous law. These 2 digests were:

a) The Laws of Malacca (Undang-Undang Melaka)
b) The Maritime laws of Malacca (Undang-Undang Laut Melaka)

7. Undang-Undang Melaka:

a) It has 44 chapters.
b) Its application in all large lands and by all great rulers and their viziers and (applied)
on the customs in the dependant areas and villages.
c) It was based on the patriarchal law of Adat Temenggong and Islamic law from Shafie
school of law.
d) It provides the responsibilities of ruler and his ministers, the prohibitions amongst the
society, the penalties for civil and criminal offences, etc.
e) It had several sections on family law which were translated from the Islamic Family law.
f) It also contained penalties both under Islamic law and local customary law for each
offence. Thus, the prescribed penalties for criminal offences under the Islamic law may
be avoided by choosing penalty under the adat (custom). There were 18 sections which
related to the penalties under Islamic law.
g) The judge was conferred with a wide discretionary power to impose the most appropriate
sentence t the offender.
h) It covered a wide range of criminal and civil matters where according to R.O. Winstedt :

The Malacca Digest exhibits no clear divisions between constitutional law, criminal law
and civil law. It jumbles (mixes) regulations for court etiquette, criminal laws, jurisdiction
of the ruler and ministers, the law of slaves, the law of libel, the law of contract relating to
hire of slaves and animals and the breach of betrothal agreements.. and penalties for
stealing slaves..

i) It contained some aspects of Islamic law such as validity of marriage, marriage
witnesses, talaq, property claim, trusteeship, performance of prayer, taking of oath, etc.
j) There was no clear distinction between the secular and religious affairs.
k) It preserved the concept of kingship based on the Hindu system in the government. The
ruler was known as Raja and was granted a special status. He was the head of
government and had absolute power.

8. Undang-Undang Laut Melaka :

a) It has 25 chapters all together.
b) It contained rules and regulations relating to maritime matters e.g. duties of a ships
crew, rules concerning sea-voyage and trade, the jurisdiction of the Admiral and the
penalties for criminal offences.
c) It was also based on Adat Temenggong and Islamic law of Shafie school.
d) It has only one section which deals with Islamic penalty.
e) It was compiled for the Sultan of Malacca in consultation with the captains from Bugis
and Maccassar trading ships.

9. Summary of the above 2 digests :

a) They were compilations of the Malay Customary law with relics of Hindu law overlaid by
Islamic law.
b) They had codified the Adat Temenggong for the first time.
c) Undang-Undang Melaka has a stronger influence of Islamic law than Undang-Undang
Laut Melaka.
d) They had influenced a lot among the laws of the Malay States e.g. the Laws of Pahang,
the Laws of Kedah, the Laws of Johore and the 99 Laws of Perak.
PORTUGUESE ADMINISTRATION

1. The 1
st
Europeans who came to Malaysia were the Portuguese. They occupied Malacca
from 1511 until 1641. After that, they were succeeded by the Dutch who afterwards
surrendered Malacca to the British in 1795. The Dutch then re-occupied it from 1801 until
1807. Finally, in 1824, Malacca was re-occupied by the British.

2. The Portuguese army was headed by Alfonso de Albuquerque. When they captured
Malacca in 1511, they established a military and civil administration.

3. Malacca was governed by a Governor (Captain) from the Portuguese. He had wide authority
over all the people of Malacca and the foreigners.

4. In civil matters Governor was assisted by a Council. The Council consisted of Ovidor
(Chief Justice), Viador (Mayor), Bishop or his deputy and a State Secretary.

5. In military affairs Governor had to consult the Captain-General of War (Commander-in-
Chief) and the Sergeant Major.

6. In criminal matters the Ovidor or a Magistrate will pronounce the sentences subject to the
confirmation by the Governor or Ovidor. However, in important cases, the Governor himself
will preside over the court.

7. There were 7 Magistrates in Malacca who were selected each year/annually among the
leading citizens. These Magistrates formed a civil body to manage all town affairs. Here,
they had civil and criminal jurisdiction over all citizens of Malacca. If there was an appeal
against the decision given by the Magistrate, it will go to the Ovidor.

8. The Ovidor had civil and criminal jurisdiction : -

a) In civil cases he can try cases which involved a maximum of 200 crosado. If a case
involved more than 200 crosado, the case will be handled or dealt with by the High
College of Justice at Goa.
b) In criminal cases any decision / judgment made by the Ovidor must acquire the advice
and confirmation from the Governor.

9. There was also the office of Bendahara. Here, he had jurisdiction to deal with foreign
Asiatics.

10. The territory of Naning and Linggi were controlled by a Temenggong. He had civil and
criminal jurisdiction over the people / inhabitants of the territories. However, in capital /
serious offences, Temenggong had to consult the Governor.

11. It is not clear as to whether the Portuguese ever introduced Portuguese laws in Malacca.
However, what is certain is that the Portuguese had left the administration of justice of
Malacca people in the hands of their leaders while the Portuguese themselves were
governed by the Portuguese judges.

12. It is said that the Portuguese justice was no less corrupt than the Portuguese administration.
The words like torture and dungeon were introduced by the Portuguese which later had
crept (influenced) into the Malay language.



DUTCH ADMINISTRATION

1. The administration of Malacca was headed by a Governor. He had supreme authority over
all people of Malacca in all matters.

2. The Governor was assisted by a Council which consisted of Collector, Fiscal, Mayor, Upper
Merchant and Secretary.

3. There was another council established known as the Council of Justice to administer justice.

4. There was also a Special Council which was established to manage ecclesiastical affairs.

5. During the Dutch period in Malacca, law regulations were issued by the central government
in Holland and Batavia (Java) and the local executive. It is uncertain what law was applied to
the people of Malacca.

6. There existed some irregularities in the administration of justice in Malacca as a result of
lack of instructions with regards to the law to be applied and also the shortage of law books.

7. Therefore, upon receiving several complaints from the Malacca officials and other territories,
the Dutch East India Company (DEIC) decided to make one standard regulation to be
applied in all its territories. They also sent the necessary law books to Malacca including a
collection of regulations used in Java. These law books were the only guides for the court in
Malacca. There was no compilations of laws and procedures for the courts which had
received approval from the DEIC.

8. It was assumed that the Dutch had left the people of Malacca to their own customs and
laws, similar to what they had done in Java.

9. While regarding the Dutch people, they were governed by the Dutch laws which were based
on Colonial Statutes.