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CUSTOMARY LAW / Undang-undang Adat - Coggle Diagram
CUSTOMARY LAW
/ Undang-undang Adat
The meaning of ‘adat’
custom
customary behaviour
proper behaviour
courtesy
Customary law means those Malay custom which have legal consequences
Matters such as
divorce
are given legal force.
inheritance
marriage
Adat is not homogenous, it varies in each region .
Adat is largely unwritten except in Sarawak.
There is no customary law that is common to all the communities.
The word ‘legal pluralism’ refer to written situation in which there is interaction between two or more laws within a national legal system.
In Malaysia, the trend is towards unifying Family law into a single law for example the Law Reform ( Marriage and Divorce Act ) , providing a uniform law for all non-Muslims in relation to marriage, divorce and other matters which result of necessary loss in cultural diversity .
Personal law is that body of rules which apply only to a particular racial or religious groups or in some instances to both.
In Malaysian context, Islamic law is applicable to Muslims regardless of ethnicity.
Native law apply to those classified as ‘native’ in Sabah and Sarawak.