Custom Law In Malaysia

Even though both common law and civil law are widely used in the world, some countries or cultures still retain their native customary law in addition to either the new common or civil law. Native customary is, by definition, intrinsic to the life and custom indigenous peoples and local communities. Custom law has possibly existed in era of Sultanate Melaka circa pre 15th century, far before Portuguese or British influence in Malaysia or even modern day Federal Constitution. Because of the long history, the custom laws are normally passed through generation to generation, Malays, Chinese, Hindu and natives in East Malaysia all have their own custom laws applied particular to their own races.

Custom law, it is named as Adat in Malay term. It

In Adat Temenggong, punishment are harsher compared to Adat Perpatih as one man committed wrong will be punished in ways such as death penalty. They believe in deterrence where they believe punishment is the ways of stopping people to commit crimes.

iii.) Chinese customary law and Indian customary law

Chinese customary law and Indian customary normally apply on marriage and family law. First wife has higher status than second or third wife in traditional Chinese customary law. However, the act under English Statute of Distribution 1670, wives has equal status that already entitled. Example case, Six Widows’ Case, the wives in the cases has given equally rights and shares to obtain husband’s property.

Indian customary law was adapted from Hindu law in India. It was impact from ancient Malay customary law. However, Hindu customary law in Malaysia is not necessary to be the same as in India. For example, the issue of polygamous marriage. Polygamous marriage is not recognized in Malaysia, however, it is recognized by court in

It is collection known as Woolley’s Codes written between years 1932 to 1937. There have 2 categories of division of property, which are ancestral property and acquired property. Ancestral property has stated that property from ancestors can only be inherited by blood relatives. However, acquired property can be obtain before marriage and obtain joint during marriage. Acquired property can be passed to relatives by marriage. When it is inherited, it will become to ancestral.

After property has assigned, it will always remain in family and never ever pass from husband to wife, or vice versa. When the property has obtain before marriage, husband’s property will pass to his nearest blood relative, same goes to the wife’s property. There have classes of heirs to prevents any claim from heir which in lower class, the priority of classes of heirs as follows:

-Children or their later generation

-Brothers and sister or their later generation

-Collaterals of parents or their later