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


World Heritage Site: Melaka and George Town, Historic Cities of the Straits of Malacca

Publication Year: 2016

Publication Type: Article

Publication Identifier: WHEB0EDE852F2

Summary

Malaysia's legal system uniquely combines Islamic law (sharia) and civil law, with sharia restricted to Muslim family matters while civil law governs other domains. This dual system emerged from historical transitions, including the 15th-century Undang-undang Melaka (Malacca Laws), which reflected Islamic customs and local traditions before colonial influences introduced civil law. A qualitative study using historical comparative methods analyzed selected examples from the Hukum Kanun Melaka monograph, revealing that without a common law system, Malaysia would have retained its traditional Islamic-based legal framework. The research highlights how post-independence Malaysia (1957) preserved this coexistence, shaping its multicultural identity.

Citation

Nor, M. R. M., Abdullah, A. T., & Ali, A. K. (2016). From Undang-undang Melaka to federal constitution: the dynamics of multicultural Malaysia. SpringerPlus, 5(1). https://doi.org/10.1186/s40064-016-3360-5

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