Summary Of Adat Perpatih

The development of law under historical sources is the change of religious belief, local customs, opinion of jurists and historical development. The development of law may create the new rules and eliminate the inconvenient laws.

Throughout the past centuries, the country and its inhabitants had gone through various stages of cultural influences which led to development of rules that govern the country until the beginning of colonial era.

Due to geographical situation, Peninsular of Malaya was favoured by Chinese and Indian traders plying the sea routes between China and India. At the beginning of this era, the first Indian settlement had already established in Malaya and Indian culture puts it stamp on the Malays way of life until the 14th

The unique characteristic of Adat Perpatih is matrilineal form of organisation. It concerns with matters such as lineage, land tenure, inheritance and others. Matrilineal is a system in which one belongs to the mother's lineage. It is generally involves the inheritance of property, names from mothers to daughters. Inter-tribal marriage is not allowed among Adat Perpatih followers. Punishment system in the laws of Adat Perpatih generally aims to reform the wrongdoer rather than retaliating against

As refer to the case Munah v Isam, it describes the position of ancestral land according to Adat Perpatih. In this case, a certain land was transfer outside of the TigaNenek clan. The court ordered for the said land to be returned to the rightful heirness, Isam, conditional upon payment of a sum of mone.

Chinese Customary laws

Chinese Customary laws were the creation of the courts. It was difficult to ascertain what the substantive principle of law should be. The laws of China of the Ching were not considered suitable to regulate the affairs of the Chinese immigrants because of the differences in the social conditions.

In context of Chinese customary laws there are several matters resolve such matters concerning the position of first and second wives, division of property of decreased and adoption. In traditional Chinese custom, the first wife was higher social than the second wife. But the court decided that status shall entitle equally under English Statute of Distribution 1670. In Six Widows’ Case, four of the wives were regarded as widows to entitle the equal shares from their husband property and give the right to administer the deceased’s estate. Also, children of all the wives will be considered legitimate entitle to inherit equally with the children of the first