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MALAY CUSTOMARY LAW, Adat Temenggung - Coggle Diagram
MALAY CUSTOMARY LAW
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Not all the writers agree with the distinction, but that classification has been used primarily to distinguish between the matrilineal form of social organization and others based on a bilateral form of social organization.
Ahmad Ibrahim divides Malay customary law into adat pepatih, describe as a democratic matriarchal law adat temengggung, an autocratic patriarchal law.
Although both originated from tribal organization in the past, it is in adat pepatih that the remnants of the tribal structure are clearly present.
The system of adat pepatih is still practiced in the state of Negeri Sembilan and parts of Melaka, especially Naning.
The rest of the states of Peninsular Malaysia represent the Islamic cum-temenggung system of customary law.
Adat Temenggung
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Adat Temenggung is originated from Minangkabau and it is patriarchal in nature. The term adat temenggung does not refer to a recognizable, or certain, body of law.
However, since the advent of Islam in Malaya from about the fifteenth century, adat temenggung has identified itself with the Islamic socio-political system. As Islam has influenced much of the marriage and divorce, and succession laws, it has been said that the amalgamation of Islam and the adat temenggung is so complete that it is well might impossible to separate one from the other.
Apart from Islam, Hindu law had a great impact on adat temenggung in the area of criminal law, infusing into it the elements of retribution and punishment, as opposed to adat pepatih, which aims at restitution rather than retribution
Adat Temenggung government lay in the hands of the ruler, assisted by Bendahara (Prime Minister and Chief of War), Temenggung ( Chief of Police )and several Menteris (Minister), while outside territories were administered through Mandulika (Governers).
Each of them had, besides their specified function, far-reaching judicial powers and their rights to exact personal services from their subjects was unlimited.
Conspiracy in the palace and rivalry amongst the chiefs happened so often and caused political change, so frequently that had to find himself his own protector.