Malay Rulers Research Articles

Study of Malay Marriage Customs: Acculturation and Islamic Communication Values in Riau Malay Society

<p><em>The qualitative research employed by the author examines the acculturation of Islamic communication values in Riau Malay marriage customs, observing events at various stages of the marriage process. Data is gathered through the Riau Malay Customary Institute (LAM Riau), using interviews and documentation and observing traditional marriage ceremonies. Additional data is collected from Riau community leaders involved in the marriage process. The research spans approximately 16 months. Findings indicate that Riau Malay traditional weddings are meticulously organized to affirm Malay identity and fulfill societal roles, with customs regulating life aspects at the national and state levels. Islamic communication strengthens individual religious identity. Secondly, values in Islamic communication, guided by the Quran and Hadith, are integral to traditional Malay wedding ceremonies, encompassing pre-wedding, marriage process, and post-wedding stages. Thirdly, the acculturation of Islam in Malay marriage customs dates back to the 15th century, marked by trade, intermarriages between Arab traders and locals, and the Islamization of Malay rulers, based on the Quran and As-Sunnah, the primary sources of Islamic teachings.</em></p>

The Malaysian Social Contract: A Historical Perspective

This paper delves into the concept of social contract, a framework rooted in the diverse theories pioneered by Western philosophers, to expound on the unique facets of the Malaysian social contract. This concept elucidates different forms of agreement between the people and the ruler in establishing an organised society. Unique and central to Malaysia, this contract involves traditional elements integral to the Malay establishment, encompassing Islam, the Malay language, the special position of the natives and the institution of Malay rulers in addition to citizenship rights for qualified individuals. To comprehend the distinctiveness of the Malaysian social contract, it is imperative to explore its historical context, tracing back the compromise forged among the inter-ethnic groups towards the independence of the Federation of Malaya. This historical narrative reveals that the post-World War II is Malaysia’s state of nature. However, the Malaysian social contract extends beyond understanding and consensus of inter-ethnic groups namely the Malays and the non-Malays. It also incorporates the agreement between the populace as a whole and the sovereign Malay rulers. Enshrined in the Federal Constitution, traditional elements and balancing provisions ensure compliance with the mutually agreed-upon social contract for both the Malays and the non-Malays.

Anwar’s long walk to power: the 2022 Malaysian general elections

ABSTRACT The 15th Malaysian General Elections (GE15), the first since the Covid pandemic lockdown, were supposed to bring back political stability, after three different prime ministers since 2018. The results were inconclusive with no single coalition winning the bare minimum to form a government. The King then asked Anwar Ibrahim to form a new government. The biggest surprise was the rise of Parti Islam Malaysia (PAS), which became the single largest party in Parliament. Another surprise was UMNO supporting Anwar to be prime minister. The role played by the King and the Malay rulers raised questions about the state of constitutional monarchy in Malaysia. PAS’s victory will have a profound impact on Malaysia’s reputation as a moderate Islamic country and will accelerate the trend towards Islamic identity politics.

The “Unruly” Space: Tanjong Piandang, a Pirates’ Haven to a Fishing Village

Abstract Tanjong Piandang is a Chinese fishing village in Krian, Perak, Malaysia. It first appeared in Anderson’s work in 1824 as a favorite resort for pirates. The people in Tanjong Piandang had the reputation of being a lawless and turbulent lot, and the British colonial government tried to demolish the settlement twice by burning it down after riots. Each time, villagers gathered together and rebuilt their houses. This paper investigates how the colonial government tried to maintain law and order in this space, and the local resistance that attempted, though ultimately failed, to keep the colonial power out their village. Most of the studies on the grassroots resistance against British rule in Malaya are concentrated on the local Malay communities, not on the Chinese who are considered as a migrant community. Therefore, Tanjong Piandang is a good case study of Chinese resistance against the British.

Governing Principles in Legislative Powers Under the Federal Constitution

Before 1948, all legislative powers were vested in Malay rulers in their respective states. The Malay Rulers were the makers of the Federal Constitution through a constitutional development process, even though many parties drafted it. This paper applies the legal methodology of watanic jurisprudence. The position of Malay rulers is essential because they were sovereign authorities that legitimized the Federation of Malaya Agreement, 1948, the Federation of Malaya Agreement, 1957, and the Federal Constitution of Malaya, 1957. Previous research on this subject had ignored the principle of sovereignty as stipulated in Article 181(1) when discussing the issue of legislative powers. As a result, many parties viewed parliamentary democracy as the Malaysian principle of sovereignty. Hence, this paper intends to explain the influence of Islam and Malay customs as the governing principles of legislative powers under the Federal Constitution. This paper is important because members of the legislative, executive, and judiciary take the oath under the Sixth Schedule before discharging their respective constitutional responsibilities. This paper would assist in understanding the essence of the oath under the Sixth Schedule vis-à-vis the duty to uphold the rule of law and the supremacy of our Constitution.

The Uses of Magic: Local Knowledge and the 'Unscientific Native' in Colonial Malaya

Colonial violence cannot simply be studied by looking at the instances of wars and battles fought in the age of Empire. Equally important is the working of epistemic violence and the violence that accompanies the process of learning about, framing and categorizing the colonized Other. This paper looks at one aspect of colonial Othering in particular, which is the manner in which colonial functionaries and scholars turned their attention to the local knowledge/s of those who came under colonial rule, and how in the course of collecting, codifying and categorizing these knowledges native texts, histories and narratives were systematically devalued—as 'mythologies', 'legends', or fairy-tales—and in due course relegated to a secondary register as 'non-knowledge' that could not be instrumentalised to serve the needs of racialized colonial-capitalism. Focusing in particular on the works of Walter William Skeat with those of his co-authors Charles Otto Blagden and A. Hillman—officials who were embedded in the machinery of British rule in Malaya—this paper will look at how their study of Malay customs and beliefs was based on Western/Eurocentric understandings of (rational, instrumental) knowledge that in turn downgraded other non-Western epistemologies and belief-systems; and by doing so contributed to the notion of the lazy/backward/unscientific native Other.

DEMOKRATISASI SURUHANJAYA REID: DAMPAK SIGNIFIKAN KEPIMPINAN PARTI PERIKATAN

By independence, the leader of the Alliance Party has failed to reach a consensus on some controversial issues such as citizenship, the national language, and the special position of the Malays. Such matter was later handed over to an independent commission with the hopes that all races in Malaya will be fairly treated. Subsequently, the British government and the Malay Rulers were agreed to the formation of an independent commission namely the Reid Commission draw up a draft of Independent Malaya’s Constitution in March 1956. By applying a historical approach/method through an analysis of historical documents sought from the Public Records Office, London, and the National Archives of Malaysia, Kuala Lumpur, this paper discusses the significance of the Alliance Party leadership in the Reid Commission. This paper also discusses the dilemma faced by the Alliance Party leaders in seeking the consensus on the number of issues, including the key characteristics of a nation-state they intended to create after the independence. Moreover, debates between the delegation of the Alliance Party and the Reid Commission have also been given due attention. Accordingly, the study found that the credibility, as well as the tolerance shown by the leaders of the Alliance Party significantly, made the Reid Commission accepts the motion of independence. This is crucial as it was a key to the creation of the Federation of Malaya Constitution that led to the independence of Malaya in 1957.

Insight: The Interpretation of Islam within the Legal Framework of the Indigenous Malaya

This article promotes Islam's interpretation within the legal framework of the indigenous Malayan based on its principle of sovereignty. At present, Islam is popularly defined by the Court's decision in Che Omar Che Soh vs Public Prosecutor, where the sovereignty of the Malay Rulers was made as a parameter in interpreting Islam within the context of Article 3 of the Federal Constitution. The said decision confines Islam only in the context of personal laws due to the Pangkor Treaty, 1874. This is a qualitative study applying the legal history design. The findings showed that the indigenous sovereignty sourced from the Islamic teachings had not been affected despite the introduction of the doctrine of advice and various British policies throughout their intervention in Malaya. In fact, many agreements made between the Malay Rulers and the British retained the indigenous sovereignty as those agreements were subjected to the old Malayan Constitution, the principle of Islam as the law of the land as well as contemporary local thinking. The above three local circumstances explained the principle of sovereignty, thus the position of Islam in the indigenous Malaya's legal framework. This article concludes that the accurate interpretation of Islam should be based on the al-Qur'an and al-Sunnah because the Malay Rulers have retained their position as caliph even after the British intervened in their internal state affairs.

INSIGHTS: THE INTERPRETATION OF ISLAM WITHIN THE FRAMEWORK OF THE INDIGENOUS MALAYA

This article promotes Islam's interpretation within the legal framework of the indigenous Malayan based on its principle of sovereignty. At present, Islam is popularly defined by the Court's decision in Che Omar Che Soh vs Public Prosecutor, where the sovereignty of the Malay Rulers was made as a parameter in interpreting Islam within the context of Article 3 of the Federal Constitution. The said decision confines Islam only in the context of personal laws due to the Pangkor Treaty, 1874. This is a qualitative study applying the legal history design. The findings showed that the indigenous sovereignty sourced from the Islamic teachings had not been affected despite the introduction of doctrine of advice and various British policies throughout their intervention in Malaya. In fact, many agreements made between the Malay Rulers and the British retained the indigenous sovereignty as those agreements were subjected to the old Malayan Constitution, the principle of Islam as the law of the land as well as the contemporary local thinking. The above three local circumstances explained the principle of sovereignty, thus the position of Islam in the indigenous Malaya's legal framework. This article concludes that the accurate interpretation of Islam should be based on the al-Qur'an and al-Sunnah because the Malay Rulers have retained their position as a caliph even after the British intervened in their internal state affairs.

ISLAMIC REFORMIST MOVEMENT OF HAJI SULONG ABDUL KADIR IN ISLAMIC EDUCATION INSTITUTIONS IN THAILAND’S SOUTHERN BORDER

The development of Islamic education in southern Thailand has been in the spotlight of researchers in the last decade in efforts to establish a national education, although this study is still less attractive. The existence of Pondok schools as Islamic educational institutions is considered to have mobilized separatist movements and the authority of traditional Malay Muslim elites to fight for territory. The existence of the Malay rulers with their authority in the fields of religion and culture made traditional Islamic education deeply rooted in the southern Thailand region. Muslims in the southern province are allegedly a monolithic entity whose existence constructs the institutionalization of Thailand as a state, thus opening up space for separatist seeds that emerge from Islamic educational institutions. The existence of Islamic reformers such as Haji Sulong Abdul Kadir is strong evidence that his movement is treading the religious and cultural field in the process of reviving the institutionalization of Islamic education in Southern Thailand. The establishment of Madrasah al-Ma'arif al-Wataniah Fatani as a forum for Haji Sulong Abdul Kadir to fight for reforms in Islamic education institutions, despite strong opposition from the state and the authority of the traditional Malay Muslim elite but ultimately the principles of reform were realized even though the reformers had died and the madrasa was closed.

Development of British Colonial Education in Malaya, 1816 - 1957

The aim of this study is to discuss the development of education during the British Colonial rule in Malaya. The scope of this study is focussed on four school systems under British colonialists, namely the Malay Vernacular School, Chinese Vernacular School, Tamil Vernacular School, and English Schools and its implications to the society and nation. The introduction of these four school systems is aimed at the economic and political interests of the British in Malaya. The Colonial Education System does not have a National Education Policy and brings many implications to the society and nation. It has caused class and status disparities among the societies and also caused socio-economic differences between races in Malaya. The process of socialization is not achieved among all races in Malaya under the Colonial Education. This study is qualitative and is approached through the library and archival research.

REASSESSING THE ROLES OF THE YANG DI-PERTUAN AGONG AND THE RULERS IN THE MAKING OF INTERNATIONAL TREATIES

Malaysia continuously negotiates, signs and ratifies international treaties to foster closer relationship with its counterparts. The Federal Constitution of Malaysia provides no direct provision in granting treaty-making capacity to a specific person(s) or institution(s). However, it may be deduced from the available provisions that such power is exercisbale by the executive arm of the Federal Government. By definition, the executive includes the Yang di-Pertuan Agong, which is elected among the Malay Rulers by the Conference of Rulers. This paper reassesses the roles and functions of the Yang di-Pertuan Agong and the Rulers in the making of international treaties. The study is carried out using library based research method that assesses the provisions of the Federal Constitution, local case(s) and international conventions, in particular the Vienna Convention on the Law of Treaties 1969. The paper will delve into the available legal documents to explain the functions of the Yang di-Pertuan Agong and the Rulers under the Federal Constitution and accordingly reassess the legal position of the the Yang di-Pertuan Agong and the Rulers in the making of international treaties. The finding of this paper will show that, in practice, the Yang di-Pertuan Agong and the Rulers hve no the executive power to conclude and sign international treaties. Nonetheless, the Federal Constitution does confer certain limited powers on the Yang di-Pertuan Agong and the Rulers that may indirectly influence the making of international treaties. These roles are normally consultative in nature.

The Code of Conduct (Adab) for Rulers in Two Malay Masterpieces

The aim of this paper was to explain about the code of conduct (adab) as described in the Malay literary masterpiece, the Taj Us Salatin (Mahkota Raja-Raja), and to compare it with the famous epic Malay text, the Hikayat Iskandar Zulkarnain. The Taj Us Salatin (Mahkota Raja-Raja), a well-known literary work on constitutionalism written by Bukhari Al-Jauhari, was used by the Malay rulers as a guidebook on governance, starting from the time of Sultan Alauddin Riayat Shah in Acheh in the 17th century until the time of Sultan Hussein Syah of the Johore-Singapore Sultanate in the 19th century. All the procedures of government were comprehensively recorded in this book by the author. As a result, a prominent figure, Iskandar Zulkarnain, who was both a great ruler and warrior, was said to be the first in a royal line of Malay sultans, as recorded in historiographic works. Hence, this noble figure was often highly esteemed in most of the literary works and, in fact, this manifestation was even assumed to validate the sovereignty of a kingly dynasty in the Malay World. The question is, were the guidelines for rulers, as recorded in the Taj Us Salatin, in line with the code of conduct (adab) for rulers and warriors in the epic Hikayat Iskandar Zulkarnain? Therefore, by doing a text analysis of the Taj Us Salatin (Mahkota Raja-Raja) and the Hikayat Iskandar Zulkarnain, this paper compared the connection and link in the characterisation of the code of conduct (adab) for rulers between both texts. This study makes an important contribution, especially in enhancing the contribution of the Malay masterpiece, the Taj Us Salatin (Mahkota Raja-Raja), as a constitutional literature containing highly valuable knowledge, and Iskandar Zulkarnain as a famous Malay ruler and warrior. In summary, the code of conduct (adab) of a ruler was reflected in the stability and peace that prevailed in a country, so much so that this element was given serious emphasis in most of the genres of traditional Malay literature.

PERAN MAQASID SYARIAH DALAM MEMELIHARA KEDUDUKAN AGAMA ISLAM DI MALAYSIA

<em>This article discusses Maqasid Shariah upholding the position of Islam as the official religion of Malaysia as enshrined in the Federal Constitution. However, other religions are allowed to be practiced freely for as long as it does not interfere with public order. The upholding of Islam is as stated in Article 3 (1) of the Federal Constitution of Malaysia through the Malay Rulers at state level and the Yang di-Pertuan Agong at the Federal level, the establishment of the Islamic Religious Council in each state and also the responsibility of the National Council of Religious Affairs. This is because Islam is the religion of Allah S.W.T. and it is the greatest gift to save and protect people from catastrophes. This study uses secondary sources and library research methods. The findings show that the position of Islam in Malaysia is upheld through the implementation of Maqasid Shariah. This is in line with the current situation of plural society in Malaysia where everyone is given freedom to practice their religion and culture.</em>

The Apostolic Vicariate of Western Siam and the Rise of Catholicism in Malaysia and Singapore *

This article examines the emergence of the Catholic Church in Malaysia and Singapore in the modern period through an exploration of the Apostolic Vicariate of Western Siam (1841–1888). The establishment of this Catholic institution—a temporary territorial jurisdiction in missionary regions that precedes the creation of new dioceses—was key to advancing the transition of the Church from its older colonial model towards a modern national Church. Focusing on the work conducted by French missionaries of the Missions Étrangères de Paris (mep) over these five decades, we analyze the process of developing a local clergy and setting up the socio-cultural scaffolding of the contemporary Catholic Church in the Malay Peninsula. We pay special attention to how mep missionaries skilfully navigated their missionary activities through encounters with Malay rulers and British colonial officers to secure the creation of a Catholic elite independent of the Portuguese Padroado. Our argument suggests that the apostolic vicariate and the dynamism of the French mep missionaries in colonial Malaya opened up the pathway for the rise of the ethnic Catholic elites in modern-day Malaysia and Singapore.

The Diversity of Recreational Knowledge in Sulalatus Salatin: Reflection of Intellectuality of Melaka Sultanate

The culture and the arts of the palace during the Malay sultanate of Melaka were very exclusive compared to the common people. The rulers of the kingdom must demonstrate the strength and greatness of all things in order to qualify themselves as rulers of the kingdom. Great rulers would then be able to expand its influence in the surrounding area. Therefore, the objective of this study is to identify and discuss the recreational knowledge in Sulalatus Salatin as a reflection of the intellect of the Malay rulers of Melaka. The method used is a text analysis to obtain the data of study. The result of the discussion found that there were various recreational practices conducted by the Melaka Malay rulers in the texts. The type of recreation performed is relaxed and rugged between are amongst that discussed in this article to demonstrate the power of the king in various skills besides highlighting the integrity of the government. The results of this study are also expected to benefit the community to know the leisure activities carried out by Melaka Malay rulers in the text of Sulalatus Salatin.

RELIGIOUS SCHOLARS (‘ULAMĀ’) AND POLITICAL LEADERS (UMARĀ’) IN THE CLASSICAL MALAY TEXTS: A COMPARATIVE RELIGION APPROACH

This paper aims in analyzing the roles of religious scholars (‘ulamā’) and political leaders (umarā’) during the Hindu-Buddhist and Islamic periods in the Malay Archipelago. Different roles have been entrusted to the religious authorities by the Malay rulers. During the period of Indian cultural and religious dominance, religious scholars had a special position at the court and played a significant role in maintaining the legitimacy of the king. Close relationship between religious scholars and the Malay rulers is also evident after the coming of Islam to the archipelago. Once again, religious authorities had been entrusted with a special role by the ruling elite. However, the new Muslim scholars took on a significantly different role with regard to functions from that of their Hindu-Buddhist predecessors. Analysis on the roles of both authorities will be made based on evidence found in two classical Malay texts namely the Sejarah Melayu and Bustān al-Salātīn. This paper concludes how, after the spread of Islam to the Malay Archipelago relationship between religious scholars and secular leaders changed drastically. Religious scholars (‘ulamā’) maintained a less direct relationship with political leaders compared to the role of the Brahmin of the devaraja cult. They merely acted as moral advisors to the rulers who would decide whether to accept or to reject religious advice presented to them based on the needs at that time.

The Position and Role of Malay Rulers in the Syariah Criminal Justice System in Malaysia

The Position and Role of Malay Rulers in the Syariah Criminal Justice System in Malaysia

RAJA-RAJA DALAM PENGINSTITUSIAN PERLEMBAGAAN PERSEKUTUAN TANAH MELAYU 1957: SATU KAJIAN SEJARAH PERUNDANGAN MALAY RULERS IN INSTITUTIONALIZING THE CONSTITUTION OF THE FEDERATION OF MALAYA 1957: A STUDY OF LEGAL HISTORY

This Article explores the involvement of the Malay Rulers in institutionalizing the Constitution of the Federation of Malaya 1957. It aims to examine the validity of the popular statement that claims the Federal Constitution is the end-result of a social contract negotiated among the multi-ethnic society championed by the elite nationalists in Malaya. It further examines the allegation that the sovereignty of the Malay Rulers and the power of the state governments had been retained by the British due to the demand fought by the above group. This qualitative research uses primary sources collected from the historical records and presented in legal history design. The findings show that the Malay Rulers are the supreme authority in institutionalizing the Constitution of the Federation of Malaya 1957 upon consultation with the Constitution Working Committee for the establishment of a single independent self-governing unit for a Federation. It concludes that the legitimacy of the Constitution of the Federation of Malaya 1957 originates from the sovereignty of the Malaccan Sultanate, its local conditions have been entrenced in the fundamental provisions of the said Constituton, and they are stil preserved to date. Keywords: Institutionalization, sovereignty, legacy, independance, social contract.Cite as: Wan Hussain, W.A.F., Che Ngah, A., Anwar, Od. M., Md Lateh, H. (2017). Raja-raja dalam penginstitusian perlembagaan persekutuan Tanah Melayu 1957: Satu kajian sejarah perundangan [Malay rulers in institutionalizing the constitution of the federation of Malaya 1957: A study of legal history]. Journal of Nusantara Studies, 2(1), 27-39.

"Identity Monarchy": Interrogating Heritage for a Divided Malaysia

Malaysia, it has been observed, is currently experiencing a “revival” of “Malay kingship” with the growing importance of “proactive and participating constitutional rulers.” In fact, modern Malaysia has since independence been characterized by monarchy—by a multiplicity of Rulers and elaborate royal ceremony and hierarchy —as well as by its “plural society.” But the modern monarchs—though they have never become quite “constitutional Rulers”—cannot be seen as merely “traditional,” because the institution of monarchy was transformed in a fundamental way during the British colonial period. Monarchy continues to be an underexamined feature of the Malaysian polity, and when it is discussed there is a tendency to focus on issues of power and to neglect its sociocultural role. One pre-colonial dimension of monarchy that continues to be significant today—though in a manner less psychologically profound than before—is its identity-giving role. The principal concern of this article is to determine—through a process of hermeneutic retrieval—if this role is merely relevant to the Malay community, or does it possess more inclusive possibilities? Are the Rulers of Malaysia essentially “Malay Rulers” or has the institution a nation-building potential that has so far not been fully utilized? The question is important for a country that many see as becoming increasingly divided.