It's Law!

A blog about basic legal stuff...

Thursday, September 2, 2010

Adat

Malays in Peninsular Malaysia are governed by adat and Islamic law in addition to the general law applicable to all communities. 'Adat' refers to the Malay customary laws.

Adat has preserved and maintained traditional Malay society for many centuries and the importance of adat in their lives is reflected in the Malay maxim “biar mati anak, jangan mati adat”, meaning “let the child die rather the custom”. It is perhaps one of the most powerful statements relating to adat and its place in Malay society. The importance of adat is also embodied in this saying: “kecil dikandung ibu, besar dikandung adat, mati dikandung tanah” meaning, “when young, embraced by mother, when adult by custom, when dead by the earth.”

There are two types of Adat : Adat Perpatih and Adat Temenggung.

Adat Perpatih

Adat Perpatih applies in Negeri Sembilan and Naning in Malacca. The unique characteristic of Adat Perpatih is its matrilineal form of organisation. It concerns with matters such as land tenure, lineage, inheritance and election of members of lembaga and YDP. Matrilineal is a system in which one belongs to the mother's lineage; it generally involves the inheritance of property, names or titles from mothers to daughters. Inter-tribal marriage is not allowed among Adat Perpatih followers. Punishment system in the laws of Adat Perpatih generally aims to reform or rehabilitate the wrongdoer rather than retaliating against him.

Adat Temenggung

Adat Temenggung applies in other states. It is based on the characteristic of the patrilineal form of organisation. Patrilineal is a system in which one belongs to the father's lineage; it generally involves the inheritance of property, names or titles from fathers to sons. Marriage between those who come from the same tribe is allowed. Unlike Adat Perpatih, the laws in Adat Temenggung are harsh - punishment is imposed as retribution.

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