1.

Introduction

The Malacca Sultanate (Kesultanan Melayu Melaka) was a Malay sultanate centered in the modern day state of Malacca,Malaysia or in history Malaysia was known as Tanah Melayu. In 1400 as the founding year of the sultanate by a renegade Malay, Raja from Temasek, that is Iskandar Shah, who was also known in certain accounts as "Parameswara" before he is converting to muslims. At the height of the sultanate's power in the 15th century, its capital grew into one of the most important entrepots of its time, with territory covering much of the Malay Peninsula, Riau Islands and a significant portion of the east coast of Sumatra. As a bustling international trading port, Malacca emerged as a center for Islamic learning and dissemination, and encouraged the development of the Malay

language, literature and arts. It heralded the golden age of Malay sultanates in the archipelago, in which Classical Malay became the lingua franca of the Maritime Southeast Asia and Jawi script became the primary medium for cultural, religious and intellectual exchange. It is through these intellectual, spiritual and cultural developments, the Malaccan era witnessed the enculturation of a Malay identity, the Malayisation of the region and the subsequent formation of an Alam Melayu. In 1511, the capital of Malacca fell to the Portuguese Empire, forcing the last Sultan, Mahmud Shah (r. 1488-1511), to retreat to the further reaches of his empire, where his progeny established new ruling dynasties, Johor and Perak. The legacy of the sultanate remained, with significance lies in its far-reaching political and cultural legacy, which, arguably, continues to be felt in modern times. For centuries, Malacca has been held up as an exemplar of Malay-Muslim civilization. It established systems of trade, diplomacy, and governance that persisted well into the 19th century, and introduced concepts such as daulat- a distinctly Malay notion of sovereignty - that continues to shape contemporary understanding of Malay kingship.

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Legacy of Legal Law During Malacca Sultanate During the risen of the Malacca Sultanate, by 1500, the Melaka Sultanate had and

administrative structure that was to be the model for the later Malay states. At the apex was the Sultan. Still wielding absolute power, he was, however no longer semi-divine. In Islam, hi was a khalifah, a vicegerent (representative) of Allah. While the office of Sultan was held to be sacred, the holder of that office was human. Succession to the throne was also no longer inherited. Instead, the senio officials selected the Sultan. To legilimize his position and prestige, the Sultan claimed descent from a Palembang prince of Bukit Guntang Maha Meru, ang through him to Raja Iskandar Zulkarnain. According to tradition, the status of theSultan and the inviolbility of his person rested upon a covenant between the Sultan and his subject which may be described in the following terms : If a ruler puts any of his subjects shall never be disloyal or tracherous to their rluers, even if their rulers inflict injustice upon them. That covenant emphasized that the Sultan was responsible solely to, and could be punished only by Allah. The statusof the Sultan was further reinforced by the concept of Daulat-derhaka was considered so odious a crim that the punishment meted out by the forces of daulat (sovereignty) were often unusual and, sometimes, gruesome. The exalted of the Sultan was not license for arbitary rule. Tradition required the Sultan to consult those under his authority. The sultan and his minister had complementary functions: the sultan to fulfill the sacred and the spiritual, his minister to administer the mundane. The most important minister was the bendahara, who combined the offices of the modern prime-minister, chief justice and commander-in-chief of the army. Next in prominence was the temenggung, who was the chief of oplice and chief magistrade. Following him was the Laksamana, the admiral of the flet. There were the most eminent of the realm. There were other officials. Three deserve mention: Penghulu bendahari or chief secretary of the bendahara and treasurer (shahbandar) Shahbandar or harbour masters. There were four shahbandar to attend to four main group of traders, from China, and the Far east, froam Java, and the Malay archipelago, from west India, and from south east India. Mandulika or governor of an isolated outpost, who exercised civil ang criminal jurisdiction. Below these officials were various titled nobles or Orang Kaya. Little is known about the individuals function of these nobles but, collectively, they were consulted by the Sultan on important desicions, affecting the people. A mesyuarat bicara (assembly of Noble) would 2

hear all views before deciding by muafakat (consensus). Melaka nobility and Perak nobility later formed a pyramid of four great, eight lesser, sixteen minor, and thirty-two inferior, chief. Before the coming of Islam, the law applicable was Malay adat law, specifically, adat Temenggung (based on the patrilineal tradition). Adat Temenggung came from the same cradle as adat perpatih (based on the matrilineal tradition). However, adat temenggung came via Palembang and was so altered under Hindu influence there that it lost much of its original matrilineal elements. The adat temenggung was the law of the Sultan and, therefore, autocratic in nature. It was the law later adopt in all Malay states except Negeri Sembilan. Adat temenggung was also the basis of the law contained in the most of the Malay legal codes or digest which were complied from the mid-fiftheen century onwards to faciliate the uniformity of desicions. There are two law that was run in the legacy that is Laws of Malacca (Hukum Kanun Melaka) have 44 clause and the Maritime laws of Malacca (Undang-undang Laut Melaka) have 25 clause. This two laws has been made and was run in the empire as we known, Malacca was the largest entreport in that era, and malay language once is a lingua-franca, means as the main language that was need to be learn, or in another, words, has been a international languages that need to be known other people around the world. The Laws of Malacca was to make sure the Malacca Sultanate was run smoothly and laws itself as a rule and a systematic rule to people. It is same with Maritime Law of Malacca, it need to be there because Malacca was the largest international entreport, with maritime laws, the archipelago was run smoothly. The Hukum Kanun Melaka covered a wide range of constitutional, civil, and criminal matters. There was no clear demarcation between them or between the secular and the religiuos. The Undang-undang Laut Melaka, as its name indicates, covered largely maritime matters. It is not known whether these digest truly represented the laws that existed or contained laws that were actually enforced. The coming of Islam saw the beginning of attempt to introduce Syariah law and to modify the Malay customary law to accord with Islam, a process which continues to this day. Syariah Law weakened the force of adat law yet was itself modified by the latter, so that what eventually evolved into the Islamic law applicable today is not the same as the pure Syariah law applicable in its place of origin. In Laws of Malacca, there are influence by the Hinduism and Islamic religion. The law was covering the crime, family law, the trading law, and law of obeying the sultan. In The Laws Of Malacca, the crime law have three parts. There is the Islamic Law In Law Code of Malacca during the Malacca Sultanate. Qisas law stated the one who took the life (killing ) people will be replying by death. Muslims are infidels who killed men, not deductible for

qisas. In terms of hurting members will also act similarly and rewarded accordingly. Direction parallel to Surah al-Maidah verse 45. Law Diyah is the benificiary Clause 17 of Hukum kanun Melaka state intentionally killer if given by the beneficiary will be sorry Diyah: money ( fine) This is in line with the sect Shafiee. Hukum Hudud relation to the offense of adultery, Qazaf , Stealing,drinking alcohol and apostasy. For example the commit of adultery would be stoned to death for married and cane 100 times for virgin marriage. This is in line with chapter 2 verse Annur and Hadith . For the offense to be cane 80 times Qazaf. For drinking offense flogged 40 times strokes. Law ta'zir to boo does not apply hudud and qisas sprit steal nisab would not be ta'zir. Example Reset will be asked to return the stolen cheese or hung around the neck and in the wine village as a lesson. In Laws Of Malacca, in tradings of Law, this is in relation to the sale and purchase, borrowing is set out in clause 30 Laws Code of Malacca. Do not sell expressly mentioned greed, forbidden of dealing with his men crazy. In Family Law is in relation to marriage, divorce , guardian and many more. In this all in line with Islamic law. Law of Evidence and Events This is related to the conditions of the Muslim Sultan seperit must , just, merciful, generousity and many more. Described here also judges/judge prohibited from accepting gifts . Engagement Scholars viewed the administrative state expressly mentioned. Scholars and Kadi actively involved in the matter of crowning,wedding ceremony, funeral of a king / sultan. Although the Islamic influence is apparent in the Laws Of Malacca, there are still a lot of Hindu influence and Malay customs that are contrary to Islam like the below. There is also have a the law that out of line with Islam that is Sultan is above the law ( Devaraja concept ) Qisas punishment does not apply to the sultan/royal. For example Raja Muhammad had killed Tun Besar, banishment sentence. Hudud does not apply to the sultan for example is Sultan Mahmud commited adultery with the wife. The Laws of Malacca also practicing Discrimination in Law that is not practice equality,because there is prohibition to wear yellow, like home builders. Yellow only for sultan and kings bloodlines. There are also Hail concept and plague that is adopt a taboo concept disobey the king / sultan though ruled by tyrants. Influence custom Temenggong according to Yusuf Hashim only 41 % only Law of Melaka adapt an Islamic Law and the rest of the Adat Temenggong influence and hinduism fluence. In the Law of the Sea Melaka also contains penalties on those who refuse or illegal. For example, if a crew who refused to obey their general handyman can be whipped with seven strokes of the cane by jurubatu. As another example, if a passenger was arrested for and convicted of adultery and the punishment is death for married couples and for couples who are married will be flogged one hundred times or fined by the gold of setahil sepaha . The same applies to the clause - other clauses , all involve matters related to trade and business. In conclusion, the Law of the Sea Melaka role in regulating , controlling, provide 4

and protect the rights of merchants as well as the parties involved in the trade as the functions and objectives of the law itself. The role of the master is when the advent of Malacca as an entrepot port and a center of international trade and the existence of local and foreign merchant communities in Malacca, the master function in the organization of trade and shipping in the Malacca becomes very important. In fact there is only one system and provision of trade and business activities in a government that is very dependent on this activity. If the master is very important in both sectors until the status , jurisdiction and duties of the master is recorded as the law in Melaka Law of the Sea. In addition, the master task seems like a king on board . And the master of the art only allowed to meet with port state when their ship docked, to pay taxes and give gifts to dignitaries before being allowed to trade in Malacca .The privilege is also a master of murder, if convicted only in the hands of the master only as contained in the Law of the Sea of Malacca. Setup and Upgrade of the master is actually simplify and facilitate the administrative system in the port of Malacca. The role of Harbour Master four in Malacca is in history of Malacca has shown that even Syahbandar not included in the four- fold enlargement, the role of Harbour Master is very important especially for the port . Tome Pires said that the port state institutions related to the organization of Malacca Town. Harbour Master may be cited as the 'king of the harbor ' for the organization and the system handles the shipping, handling, tax, transaction and business controller for commerce, administration orphans, the head of the master and as a welfare officer in the city. Meilink - Roelofsz which refers to resources that are not of the Portuguese Tome Pires added that public duties include overseeing travel Harbour Master and the organization of markets and bonded warehouses of goods commerce and security. In addition, the task of controlling the Harbour Master also is in the arbitration system of weights and measures for all business transactions, as well as take care of the currency. Therefore, the Harbour Master is responsible for controlling the fluctuation of the value of money and the control of the occurrence inflasion. Arrangement of port administration state also is changing with the advent of four people per group Admiral of state: A merchant to Gujarat because the public. A for the Indians from South India and Bengal along with merchants Pegu ( Burma ) and Pasai. A special Java, Maluk ,Jakarta, Borneo and the Philippines. A for merchants from China, Campa, Siam and the Ryukyu Islands ( possibly including Japan ) . 5

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Conclusion As a conclusion, at the time of its founding by parameswara around 1400, Melaka

was a little riverine village inhabited by the Aborigins and sea people. Presumably, Malay adat law incorporating Hindu Buddhistelements was orriginally applied. One of the greatest achievements of the Malacca Sultanate is the state and its function. The Hukum Kanun Melaka and Undang-undang Laut Melaka was functional law that make the states run systematically. According to Dr Abdul Aziz Bari, nowdays Malaysian Constitution was based on this Hukum Kanun Melaka. So we do not have to used the modern principle to understand the clause of the law. It is the same principle from the Hukum Kanun Melaka that still used until today in Malaysia. The process of Islamization can be seen in the Malay digest. For example, the earlier version of Hukum Kanun Melaka set out the adat law whereas later versions show a mixture of adat law and principles of the Syariah. The influence of Syariah law is evident, particularly in the provision of an alternative to the penalties under adat law for every offence. This alternative gave the Sultan the discretion to impose the penalty deemed appropriate, as policy or prejudice dictated. The composite law, Malay adat law with Hindu-Buddhist relics and overlaid with the Syariah principles contained in these later versions of the Undangundang Melaka was the model for the Malay digest in the later Malay States.

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Bibliography

Abdul Aziz Bari, (2001). Perlembagaan Malaysia Asas-asas dan Masalah. Kuala Lumpur : Dewan Bahasa dan Pustaka. Abdul Halim Saad, Abdul Halim Ab. Rahman, et al, (2004). Malaysia Kita. Kuala Lumpur : Institut Tadbir Awam Negara (INTAN). Arbaiyah Mohd Noor, (2011). Al-Tamaddun. Perkembangan Pensejarahan Islam Di Alam Melayu. (02-Bil 6) 29-50. Mardiana Nordin, Hasnah Hussiin, (2011). Pengajian Malaysia. Shah Alam : Oxford Fajar Sdn Bhd. Mohd Kamal Kamaruddin, (2011). Pengajian Malaysia dan Kenegaraan. Kuala Lumpur : Golden Mediastreet Sdn Bhd. Noor Aziah Mohd Awal, (2004). Pengenalan kepada Sistem Perundangan Islam di Malaysia. Selangor : International Law Book Service. Wan Arfah Hamzah, (2009). A First Look At The Malaysian Legal System. Shah Alam : Oxford fajar Sdn Bhd. Zaini Nasohan, (2004). Pentadbiran Undang-undang Islam di Malaysia. Kuala Lumpur : Utusan Publications & Distributors Sdn Bhd.