Law: introductory sketch

Wilkinson, R. J. (Richard James); Rigby, J.

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..

Abstract
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.

Community structure

Legal norms

Theological systems

Form and rules of government