Book
Law: introductory sketch
Printed by J. E. Wallace at the F. M. S. Govt. Press • (1) • Published In 1922 • Pages: 68
By: Wilkinson, R. J. (Richard James), Rigby, J..
AbstractBrief abstract written by HRAF anthropologists who have done the subject indexing for the document
This is one of a series of pamphlets on Malay subjects and one of two (see 13: Rigby) on the subject of Malay law. Wilkinson has here set forth a brief study of the principal forms of law among the peninsular Malays. His approach is historical-comparative and functional. He relates law to its actual function within the community and under the conditions of Malay life, though in comparing it with British law and in comparing different forms of Malay law he does not neglect to make his analysis according to formal legal principles as well. He begins with a section on the matrilineal common law of Negri Sembilan, giving evidence for its being closer than other forms to the 'original' Malay 'Adat' or law and custom. He then analyses the patrilineal, royal law and its Hindu background in other Malay States and finally he discusses the relationship of Muslim law to legal and social practice in Malaya. In this last section the analysis of the relevant sections of Muslim law in its own right is interesting. The author is careful to distinguish between legal digests, which these so-called Malay law codes of the various states actually are, and codes of law, which they are not, and thus clears up misunderstandings about the nature of law in those states. His functional comparisons with European or British law are balanced and insightful. His exposition of the cryptic popular legal proverbs of Negri Sembilan as a working and workable system of law is valuable.
- SubjectsDocument-level OCM identifiers given by the anthropology subject indexers at HRAF
- Community structure
- Legal norms
- Theological systems
- Form and rules of government
- Chief executive
- Sanctions
- Liability
- Theological systems
- Rule of descent
- Residence
- Gender status
- Ethnosociology
- Territorial hierarchy
- Police
- Informal in-group justice
- Trial procedure
- cultureCulture name from the Outline of World Cultures (OWC)
- Malays
- HRAF PubDateThe date HRAF published the document
- 2010
- RegionThe area the document pertains to
- Asia
- Sub RegionThe more specific area the document pertains to, which is located within the Region
- Southeast Asia
- Document TypeMay include journal articles, essays, collections of essays, monographs, or chapters/parts of monographs
- Book
- Evaluation
- Creator TypeThe type of person writing the document, e.g. Ethnographer, Missionary, Archaeologist, Folklorist, Linguist, Indigenous Person, and so on.
- Government Official
- Document Rating A ranking done by HRAF anthropologists based on the strength of the source material on a scale of 1 to 5, as follows: 1 - poor; 2 - fair; 3 - good, useful data, but not uniformly excellent; 4 - excellent secondary data; 5 - excellent primary data.
- 5: Excellent Primary Data
- AnalystThe HRAF anthropologist who subject indexed the document and prepared other materials for the eHRAF culture/tradition collection
- F. K. Lehman ; 1955
- Field DateThe date the researcher conducted the fieldwork or archival research that produced the document
- No date
- Coverage DateThe date or dates that the information in the document pertains to
- 1900-1922
- Coverage PlaceLocation of the research culture or tradition (often a smaller unit such as a band, community, or archaeological site)
- Malaysia
- NotesAdditional notes
- [by] R. J. Wilkinson
- Includes bibliographical references
- LCCNLibrary of Congress Control Number
- 50045086
- LCSHLibrary of Congress Subject Headings
- Adat law--Perak