Malaysian Legal History

TRIMESTER 1, 2013/2014
PMH0015 ~ MALAYSIAN LEGAL HISTORY

SAMPLE QUESTION AND ANSWER 1

The Hindu-Buddhist political control and cultural influence ended with the expansion of Islam into South-East Asia sometimes in the 13th century. Malacca became a Muslim kingdom under Sultan Iskandar Shah and by the end of the 15th century she had become a power of great importance in South-East Asia. Discuss.

(15 marks)

SUGGESTED ANSWER

The Hindu-Buddhist political control and cultural influence ended with the expansion of Islam into South-East Asia sometimes in the 13th century. Malacca became a Muslim kingdom under Sultan Iskandar Shah and by the end of the 15th century she had become a power of great importance in South-East Asia. Islam indeed was welcomed because not only did it free the Malays and foreign merchant class from the oppressive stratification of Hinduism and the absolute power of the Hindu ruler, but it also brought the Malays into an ideological community that was international, which made them citizens of the world instead of subjects of a god-king in a narrowly circumscribed river valley.
The concept of sovereignty began at the basic level of leadership, namely the 'head-man' (ketua, or in Sanskrit katuha). During the Hindu-Buddhist era, i.e. during the time of Sri Vijaya, the concept of sovereignty evolved when the headman became a symbol and was linked, politically and culturally, to the various Hindu myths regarding the origins, descent and genealogy, as well as the physical and spiritual qualities which the particular headman or king possessed. The lineage and ancestors of the king were regarded to have been metamorphoses of gods in the purest, most chaste and ineffable traditions of Hinduism-Buddhism. The king was revered according to customs and traditions but without any religious connotations.
As time went by, the customs and traditions became more firmly entrenched and began to be accepted as official practice, and ultimately became the political doctrine of kingship within the state. The person who was revered was regarded as pure, as pure as the gods. These pure, spiritual and mystical elements of leadership were then linked to the physical and biological faculties of the recipient of the person. The elements of purity and mystery were merged with the physical and the biological. From this, the concept of the god-king ultimately emerged. Each word, gesture, action and movement of the person was taken as a symbol of the words and actions of a superior being embodying purity. Therefore his commands must be respected and obeyed.
By way of tradition and Hindu cultural influences, some foreign elements were absorbed to form part of the foundation for local politics. The reigning monarch was recognized as the owner of the land and the water on and around it, and became the lord of all surrounding environment.
The coming of Islam changed the way in which people think, but the political concept connected with the god-king was strongly entrenched in social beliefs and this traditional mentality could not be easily eradicated. Furthermore, based on the spiritual beliefs inherited from the past, this mentality as highlighted is for rationalization with the Islamic doctrines of leadership. The traditional spiritual links of a Muslim ruler with the gods would disappear, but fresh links would be made with Allah s.w.t. and the Prophet (pbuh) together with the saintly band of spiritual leaders and practitioners. Whether they were deliberately created or otherwise and whether they were true or false, today, we can still come across Malay manuscripts with the genealogies of the Malacca rulers which link them directly to the family and kin of the Prophet (pbuh) in Mecca.
When the editor of the Sejarah Melayu recorded the links between the rulers of Malacca, Allah s.w.t. and the Prophet (pbuh) in order to spread the doctrine of leadership in Islam, he quoted as follows:
“....and do not neglect to perform acts of service for your ruler. That is why the learned say, where there is a ruler who is as just as the Prophet, may Allah bless him and grant him peace, he can be likened to a ring that has two precious stones set in it; such a ruler is like the surrogate of Allah in the world, for he is the Shadow of God on earth; to serve the ruler is to serve Allah, the Immaculate and Almighty. Therefore, perform good deeds for Allah and His Prophet and for the ruler... Do not forget this, so that the excellence of the world to come will he yours”.
The excerpt above is taken from extracts, translations and free interpretations of a number of quotations from the Koran, but in certain places the concept of leadership has been adapted to circumstances.
Malay society and law were influenced by thoughts and trends from all the world; Indian, Muslim and Persian influences can be seen in Malay society and law, mingled with the influence of the Muslim law and culture from Arab countries; and in Malacca, Chinese influence on Malay life and society has also been significant.