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FOUNDATION IN LAWPMH0012 – MALAYSIAN LEGAL HISTORYTRIMESTER 1, 2020/TUTORIAL CHAPTER I Why did the Melaka Empire can secure peace and harmony by having only two main digests? Malacca was based initially on the Hindu system of administration as the founder, Parameswara was Hindu. The ruler was known ...

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FOUNDATION IN LAW PMH0012 – MALAYSIAN LEGAL HISTORY TRIMESTER 1, 2020/2021 TUTORIAL CHAPTER I

1. Why did the Melaka Empire can secure peace and harmony by having only two main digests? Malacca was based initially on the Hindu system of administration as the founder, Parameswara was Hindu. The ruler was known as the head of state and government. In 1414, Parameswara converted into Islam and renamed himself as Megat Iskandar Shah. The people Malacca soon converted to Islam following the ruler's example. Later, during the Sultan Muzaffar in Shah rule, the title "Sultan" was used showing the Islamic Influence. Several officials also serve the sultan for example Bendahara, Temenggung, Laksamana, Penghulu Bendahari and other under officials to help the minister to run their functions efficiently. He determine penalties for crime such as killing, stabbing, slashing, battery robbery theft. false allegation and lying. The concept of sovereign power and its attributes in the context of fifteenth century Malacca was of course different from the concept understood today. In modern terms sovereign power primarily refers to the missing government and to the nation that is sovereign power primarily refers to the missing power or sovereignty refers to or Is related directly to the person and physical presence of the king government and to the nation that is governed. The figure and personality of the reigning monarch only represent a symbol of that sovereignty. When the 'supreme' laws that form the source which activate the government and its administration are written down and become a formal constitution, the monarch simply becomes a constitutional ruler. During the early period in melaka sovereign on the throne. Whenever the ruler ruled sovereignty was not confined to the country or the place authority where the ruler resided, but in the personality and the physical characteristic of the resigning ruler himself. A state was established only with the presence of a ruler.

To begin with, the Laws of Melaka and Maritime Laws of Melaka are the features that ensure the peacefulness and security of Melaka. The Laws of Melaka consists of

important provisions that re-established the primacy of Malay customary. It also plays a vital role in dealing with the social and economical issues. Besides, Maritime Laws of Melaka is a special legal code of Melaka Sultanate that is used to solve the problems related to maritime laws and regulations. Through the existence of the two main digests, we can notice that the rules have actually existed since the early days of Melaka sultanate. The implementation of Laws of Melaka and Maritime Laws of Melaka have actually changed the lifestyle of the residents from time to time. The change can be proved when all the residents live peacefully without any misunderstandings. The Melaka Sultanate was a strong maritime and commercial empire that build the social, political and the cultural systems of the Malay Peninsula. Melaka had risen from a humble fishing village to become a modern city that is full with variety of facilities. This is because Melaka is a state that is rich with history as there are a lot of historical buildings such as Stadthuys, A Famosa, and others. Nowadays, Melaka has also transformed from a small fishing village to one of the famous tourist jaunts in Malaysia. For instance, Melaka along with George Town and Penang were named as UNESCO World Heritage Site based on their history trails. The founder of Melaka was Parameswara, also known as Iskandar Shah. Melaka was established in 1400 by Parameswara, a prince who descended from Sailendra. Parameswara decided to build a new territory after he fled Palembang which was attacked by Majapahit when Palembang declared its independence from the declining Majapahit. Then, he had arrived at Temasek before he reached at the site. Unfortunately, Parameswara had killed Temagi, the representative of the Kingdom of Ayuthia, Siam when he lived at there. After five years, Parameswara was forced to flee from Singapore because Ayuthia had attacked him to avenge the death of Temagi. After that, Parameswara headed to the north of Malay Peninsula and arrived at Muar. At Muar, Parameswara decided to build a new base, where he tried to establish another new kingdom at Biawak Busuk or Kotak Buruk, but he abandoned the project as the place was not suitable.

There is an opinion propose that there is a lot of monitor lizards at Muar that tended to demolish the new territory. At the same time, he could not discover any activities that would assure his new territory to be flourished. Parameswara then continued his journey and had reached at Sungai Ujong before arriving at a Malay fishing village. He decided to take a rest before continuing his journey. While he was resting under a tree, he saw his follower's hunting dogs fighting with a small mouse deer and the mouse deer had outwitted the hunting dogs into the river. Amused by the incident, he thought the place was excellent, even the mouse deer was formidable. Therefore, it would surely be a wonderful place to establish his kingdom. Following this event, he announced that the place would be called as 'Melaka' with the name of the tree he was leaning against. The tree was also known as amalaka in Sanskrit.

Soon, the site had

become the centre of the Malay World in the 15th and 16th centuries. It had also grown into one of the most important entrepot in the Malay Archipelago. There were eight sultans who ruled the Melaka Sultanate after Parameswara. The sultans were Sultan Megat Iskandar Shah, Sultan Muhammad Shah, Sultan Abu Syahid Shah , Sultan Muzaffar Shah , Sultan Mansur Shah, Sultan Alauddin Riayat Shah , Sultan Mahmud Shah, and Sultan Ahmad Shah. As stated in the statement, the Melaka empire can secure peace and harmony is because of two main digests which are Laws of Melaka and Maritime Law of Melaka. The earliest form of justice system had existed since the early days in Melaka as according to Malay Annals. This can be certified when the past Malacca rulers had implemented the court customary laws and enforced the current 'adat' and religious rules to rule the society. The senior ministers of Malacca sultanate had collected all the rules, proscription and traditions that have been systematized as laws through oral traditions or customs and memorized by senior ministers of the Malacca sultanate. There was an implementation of Maritime Law of Melaka during the reign of Sultan Muhammad Shah. He was the third sultan of Melaka and the son of Sultan Megat Iskandar Shah of Melaka. Melaka was ruled by him from 1424 to 1444. Based on the manuscript, the meeting of a group of Melakan nakhodas that also known as sea captain during the reign of Sultan Muhammad Shah had promulgated the Maritime Law of Melaka but the actual date when the legal code was drafted still

remain unknown until today. After the implementation of Maritime Law of Melaka, the Laws of Melaka was existed. Sultan Muzaffar Shah was the founder of the Laws of Melaka. He was the fifth Sultan of Melaka. He had ruled Melaka from 1446 to 1459. He was the son of Sultan Muhammad Shah and the grandson of Megat Iskandar Shah alias Parameswara. He ordered Seri Nara Diraja to write and codify the law before being implemented to the Melaka Empire as the governing law. Laws of Melaka were issued and recorded along with provisions for punishments of every offenses. The earlier provisions of the Hukum Kanun Melaka give a picture of a sultanate whose rulers had arrived at a juncture where it was felt that a clear statement or assertion of their status and power was in order and that the preservation of their position could best be achieved through the been the mainstay of the evolving society while at the same time accommodating and assimilating some Islamic principles. The Hukum Kanun Included some measure of grandeur and loftiness in the provisions that touched on court culture and its main concern was with the regulation of personal relationships, behaviour and property. The Melaka Malays had already arrived at a stage where distinct and enduring characteristics and values had developed, chiefly their day-to-day lives were governed by adat, their socio-political institutions were able to cope with the emergence of Melaka as an you compilation of rules. What emerged was a set of rules which, in framing a code of conduct for each negeri, reaffirmed the primacy of adat - the customs and traditions of the Malays that had important centre of trade, money was widely used, and their language exhibited a remarkable to assimilate foreign words. Against this background, the Hukum Kanun Melaka was formulated ability which the Melaka rulers saw as an important in regulating society. It laid down laws which also includes a section on maritime law. Sultan Muzaffar Shah was the founder in 44 chapters of Hukum Kanun Melaka. He ordered Seri Nara Diraja to write and codified this law before applied to the whole Melaka Empire as the governing laws. Undang-Undang Melaka, otherwise called Hukum Kanun Melaka, Undang-Undang Darat Melaka and Risalah Hukum Kanun, was the lawful code of Melaka Sultanate. It contains noteworthy arrangements that reaffirmed the power of Malay standard law or adat, while in the meantime pleasing and acclimatizing Islamic standards. The lawful

code is accepted initially incorporated amid the rule of Muhammad Shah , preceding it was consistently extended and enhanced by the succeeding sultans. The Melaka arrangement of equity as cherished in the Undang-Undang Melaka was the principal process of laws, ordered in the Malay world. It turned into a legitimate asset for other major local sultanates like Johor, Perak, Brunei, Pattani and Aceh, and has been viewed as the most essential of Malay lawful reviews As indicated by Malay Annals, most punctual type of equity framework had been in presence since the beginning of Melaka. Early Melaka rulers proclaimed court conventions and implemented the current adat and religious tenets to keep up social request. All guidelines, restrictions and traditions that have been classified as laws, were thus gathered through oral customs and retained by senior clergymen of the sultanate. Undang-Undang Laut Melaka (Malay for 'Maritime laws of Melaka) was a legal code of Melaka Sultanate that deals specifically on matters related to maritime laws and regulations, as well as nautical procedures concerning seafaring affairs of merchant vessels. The clauses contained in the Undang-Undang Laut Melaka cover an extensive area, taking into account a wide variety of circumstances that could arise on a ship, with respect to social issues, such as slavery, adultery, murder, stealing, disrespecting an officer and negligence in carrying out duties: also, economic aspects such as tax and trade, including measurement of weight and area. The legal code also outlines a very wellstructured organisation on ships, with titles of the officers are clearly specified complete with their responsibilities. In Melaka's court, matters related to the enforcement UndangUndang Laut Melaka was placed under the authority of Laksamana ('admiral of the fleet').

In conclusion, the common law will continue to

2. Discuss the reflections of the heyday of the Melaka Empire towards the development of our nation nowadays.

The Malacca Sultanate was a strong maritime and economic empire that dominated the political, social and cultural structures of the Malaya Peninsula. Parameswara was the last king of Singapore and the father of Malacca, and he made his way to Malacca about 1402, where he considered a strong port as the strategic position of Melaka, available in all seasons and at the geographically narrowest point of the Malacca Straits. Malacca was just a fishing village inhabited by locals known as Orang Laut before the arrival of the first Sultan (Parameswara). This village had become an empire of prosperity and harmony under the rule of the Malacca Sultanate, and this empire extended its territory to Sumatra and most of the Malaya Peninsula.

Malacca history started from its humble beginnings as a coastal village and rise to prominence under the Malaccan Sultanate to cautionary tales of fairies and loyalty to the king since the late 14th century. In the 1396, a Sumatran prince who named Parameswara fled his country out of fear of the attacking Majapahit Empire, he killed the local ruler of Temasek and established himself over the island as now known as Singapore. After a few years, he left Temasek and he found a new empire which as known as the Melaka Empire in a coastal village in Peninsular Malaya because he was driven out by Thai-controlled army (Siam).

Melaka Empire had grew and become one of the strongest empire in Malay Archipelago One of the most important reasons will be the location of the Melaka Empire as it is not only located at the narrowest side in the Malacca Straits but also in the middle of the business route between the East and West. As it was a suitable place as a port, so the Melaka Empire was also the center of almost all the essential trading goods, despite this, its location naturally sheltered from the monsoon wind, so that traders from the East and West could stay here and wait for the monsoon wind to change, thus the thriving of trade had also contributed to the growth of knowledge in Malacca. Local scholars had copied, translated and retold these masterpiece, thus the people in Malacca also accepted

Islam as their religion and the development in the Malacca Empire became faster during that time.

At the same time , law also has acted as tool for justice ,peace and harmony during that time. Hukum Kanun Melaka and Undang-undang laut Melaka is established to maintain the peace and harmony among the people because their rulers or sultan would always upload justice without any favor among the people and they had standard procedure in the administration of justice. Besides , the excellent rulers in Melaka Empire such as Sultan Mudzaffar Syah had contributed a lot to this country .For example ,sultan will conducted sessions for citizens to express their dissatisfaction in all matters including toward the government itself .Thus , we can conclude that a excellent leader and the character of law is very important to develop a country even to our country nowadays.

A good diplomatic relation with others country also will be one of the important elements to develop a country .The Melaka Empire had develop a good relationship with China and got the protection from China to fight against his enemy such as Siam. At the same time, the unity of multiracial society in the Melaka Empire will be a reason why it can become stronger and developed faster during that time .Our country also shall follow the steps of Melaka Empire to develop a good relationship with others country and also ensure the unity of the people of Malaysia as this country is also a country consists with multiracial.In conclusion ,the Melaka Empire is believed that has given impacts toward the development of our country nowadays and we shall learn from history.

One of the factors of heyday of the Melaka Empire is the simple tax and the domestic tax. From decades ago until this modern and technology era, the ports is said to be very vital and significant to the people in every corner of the world. The ports were functioned as a good and safe place for people to transmit their goods to all over the world. For instance, one in England can transmit the goods to the other one who is in Malaysia just by the ships and the authority can collect the goods from the ports. Ports were also a great place for people from all over the world to have interactions and communications with the local people so that the relationship as well as the contact of each other will be more closer and harmonic. Not only the traders from overseas will conduct their trading

activities in the Malacca Empire, they also get the opportunity to maintain or get to know more other businessman from other country. According to the history, there is no denying the fact that the Strait of Malacca an the port in Singapore had exhibit and clarify that the ports had caused the increasing in the development of the economic on the importing and exporting which had occurred in the ports. It is very proud to say that the Malacca was used to be the most famous and wellknown trade centre as the location of the Malacca was very strategic. The traders and their ships from oversea will eventually pass through the straits of Malacca and Singapore especially for the traders from the Indian Ocean and the Far East as the straits of Malacca was the shortest way and most time savings route for the traders to go through. According to the traders, their favourite place to trade their goods is Malacca at that time because Malacca had a very fair and generous system which is known as weighing system (sistem timbangan). This system is a system which is very fair to everyone when they were weighing their goods. If someone who is bad hearted will purposely adjust and alter the scales so the goods will be heavier and the price of the goods will be more expensive as at that time, the more heavier the goods, the more costly the goods. If someone is caught by intentionally adjusting the scales, traders may report to the syahbandar, and the man who adjusts the scales will be severely punished.

It is hardly too much to say that the Buddhist maritime and Srivijaya is the most important and essential center for trading and knowledge activities from the seventh to the thirteenth century. At that glorious moment, the Srivijaya had the authority to manage the Malacca Strait. At the end of the thirteenth century, there was a war, and then two powerful centers appeared, Malacca in the fifteenth century, followed by Acheh and Johor at the beginning of the sixteenth century. The port on Johor became popular was because there are abundant of spices such as pepper, herb, roots, barks and others whilst the Acheh was a very elementary centre for the Muslim. The Malacca was said to be a very important place for the Muslim to sell their goods here because there were uncountable of traders from the China and India as they will settle down in Malacca and they organise a lot of trading activities.

In 1511, the Portuguese conquered Tanah Melayu which brought the anti-Muslim slogan with them to the Tanah Melayu. So the Portuguese started to boycott the Muslim by increasing tremendously on the price of the goods which they purchased. For instance, the price for an egg was 0.02 cents but the Portuguese sold the Muslim with the price of 2.00 dollar. Despite the unfairness of treats by the Portuguese, the Muslim traders were still willing to keep conducting their trading activities in Malacca Empire.

In order to attract more traders from all over the world, the taxes being charged on the ships entering or leaving the ports of Malacca Empire was very low. A low import tax of 6% was charged on ships coming from the Middle-East and India with an additional 2%tax on certain merchandise coming in or leaving Melaka. As for ships coming from Southeast Asia and the Far East, the beli-belian system used to sell 25 per cent of their goods to the state at 20 per cent below the market price. This amounted to a 5% tax on imports and exports. Taken together, no more than 8 per cent of customs duties were levied on any ship leaving or entering Melaka, and this was a huge incentive for ships to visit and trade in Melaka. Beside the international trade, domestic tax which fixed at around3%, together with the levy on local food sales also collected. The rulers, in turn, used their income to build mosques, to bestow anugerah, to maintain theirs court in greats plendor and to upkeep the town and port of Melaka.

After the Ducth Colonization, there were a new and strong powerful rivals which is the British merchants. The British had instituted the port in the George Town of Penang. The port in Penang were later became a major transshipment port to the British East India Company. After that, the Brit...