Malay customary law is divided into two branches of adat; one is known as Adat Temenggung while the other one is Adat Perpatih. Adat Temenggung is a patriachal and autocratic administrative system which is very similar to the one practised during 13th century Malacca Sultanate. Adat Perpatih exercises a matrilineal and democratic system. This system is still being practised in Negeri Sembilan, and in the districts of Naning and Alor Gajah in Malacca.
According to Adat Perpatih, only daughters have the right to inherit their family's ancestral land ('tanah pesaka'). This is because ancestral land is considered to belong to a clan, not to an individual, and female descendants of the clan are appointed as guardians of the land. Another reason is that this practice enables women to become independent and need not to rely on their husbands since they have their own house and land to live in.
The case of Munah v Isam [1936] MLJ 42 describes the position of ancestral land according to Adat Perpatih. In this case, a certain land was transferred outside of the Tiga Nenek clan. The court ordered for the said land to be returned to the rightful heiress, Isam, conditional upon payment of a sum of money.
Below is an educational video created by Muhammad Farid Wajdi from International Islamic University Malaysia in which he explains about the case of Munah v Isam.
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