MALAY LAW : THE MALACCA CODE

Is it true the Malay law are in force earlier that the said British Law?

That is absolutely correct and is a fundamental point in the legal history of Malaysia. The Malacca Code (known in Malay as Undang-Undang Melaka or Hukum Kanun Melaka) was in force centuries before the introduction of British law. First compiled during the reign of Sultan Muhammad Shah (1424-1444) and completed under the Sultan Muzafar Shah (1445-1458), it served as the legal foundation for the Malacca Sultanate until its fall in 1511.

The British statutory law was not introduced until the First Charter of Justice was granted to Penang in 1807. English law subsequently expanded to Malacca in 1824 and eventually became the primary legal framework through treaties and legislation like the Civil Law Act 1956.

Here is a breakdown of the timeline:

Malay Law: The Malacca Code

• Earlier evidence, such as the Terengganu Inscription Stone dated 1303, confirms that Islamic codes existed in the region hundreds of years before the Malacca Sultanate. 
• The first digest of laws compiled in the Malay world and became a legal resource for other regional sultanates such as Johor, Perak, Brunei and Aceh.
• Period: The Malacca Code was the legal code of the Malacca Sultanate, which existed from roughly 1400 AD to 1511 AD.
• Compilation: It is believed that the laws were originally compiled during the reign of Sultan Muhammad Shah (1424–1444) and continuously expanded until the fall of the Sultanate in 1511.
• Nature: It was a sophisticated codified system of law that combined Malay customary law (Adat) with Islamic law (Sharia). This legal digest served as the basis for legal systems in other Malay states (like Johor, Pahang, and Kedah) even after the Malacca Sultanate's fall.
• Structure and Content: It consisted of 44 Chapters covering constitutional, civil and criminal matters.
• Legal Fusion: The code was a hybrid text that blended indigenous Malay Customary law (Adat) with Islamic Principles and relics of Hindu-Buddhist influences.
• Maritime Law: A separate code, The Undang-Undang Laut Melaka, was established to regulate shipboard roles, trade and seafaring conduct, treating the ship captain as a ‘King’ while at sea.

British Law

• Introduction: The formal introduction of English law into the region began much later with the British establishment of settlements.The British occupied Penang (1786), Singapore (1819) and Malacca (1824) grouping them as the Straits Settlement.
• Key Date: The first major statutory introduction of English law was the First Charter of Justice in 1807 for Penang (Prince of Wales Island).
• Expansion: The Second Charter of Justice in 1826 then formally extended English law to all three Straits Settlements: Penang, Malacca, and Singapore.
• Formal Displacement : Under the British ‘advice’, Malay sultans enacted new codes - such as the Penal Code and Contract Act - based on Indian modifications of English law.
• Civil Law Acts of 1956: this legislation confirmed English law as the basic law of the land, relegating Islamic law primarily to personal and family matters for Muslims.

The Malacca Code represents the powerful indigenous legal tradition that governed the Malay Peninsula for over a century before any major colonial influence, making it a crucial part of pre-colonial Malaysian law.

11/12/2025: 4.34 p.m