From Undang-undang Melaka to federal constitution: the dynamics of multicultural Malaysia.

Abstract

BackgroundMalaysia is a multicultural state comprising three main races: Malays, Chinese and Indians. The three main religions are Islam, Buddhism and Hinduism. Other religions such as Sikhism and Christianity are also practised. Muslims are the majority comprising 67 % of the population.MethodsThis paper is qualitative in nature. It applies historical comparative method in presenting its data. The Undang-undang Melaka (Malacca Laws) was obtained from the monograph available at National Library of Malaysia under the name of Hukum Kanun Melaka. Analysis was done on selected examples from this document.ResultThis paper highlights that had there been no introduction to a common law system, Malaysia would have remained with its traditional laws influenced by Islam and its local customs as evident from Undang-undang Melaka (Malacca laws). The Undang-undang Melaka was practised from 1422 to 1444 and the law of the country was developed to accommodate the introduction of civil law during the colonial period.DiscussionOne of the unique aspects of multicultural Malaysia is the fact that it has a parallel legal system: sharia and civil law. This paper examines histo-cultural development of the Islamic law as practised in pre-independent Malaysia, as well as the coexistence between these two laws after the independence of Malaya in 1957.ConclusionsThis paper concludes that Islamic law in Malaysia is confined to Muslim family matters, while civil law covers all other matters.