Portuguese,

Dutch, British
Influence

Prepared By :
Nahzatul Shima Binti Abu
Sahid
-2012467956
Muhamad Alif Bin
Bahudin
-2014334039
Mohd Hasnan Bin Che
Husin
-2014393639
 ERA OF PORTUGUESE AND
DUTCH ADMINISTRATION
Malaya was colonized for over 500 years by the Portuguese,
Dutch, English and Japanese. During the period, practically
every occupation has brought their laws. However, the impact
of the arrival of the colonizers respect to the position of Islamic
law is clearly different from each other.

Although colonized Melaka more than 100 years, the

Portuguese colonists did not much bother the legal position of
Islam among its followers. The law was introduced only applies
to the Portuguese only, while the adherents of other religions
including Islam handed over only to the heads of their religion.
The same thing has been done by the Dutch colonists.
ERA BRITISH
Entry influence of British law in the administration
of the states in Malaya and expansion of colonies,
the influence of British law was also expanded so
that it succeeded in getting the Islamic law and
customary law. Its absorption British law can be
seen in three separate areas :
I. Straits Settlements (Negeri-negeri selat)
II. Federated Malay states
iii. Un-federated Malay States
Un-Federated Malay States
(Negeri-negeri melayu tidak
bersekutu )
Federated Malay States
(Negeri-negeri melayu
bersekutu)
Straits Settlements(Negeri-
negeri Selat)
 Straits Settlements(Negeri-negeri Selat)
Penang, Malacca and Singapore

English First Charter of Justice was introduced in 1807. In

line with the introduction of this charter, the English courts
have been established.

English Second Charter of Justice was introduced in 1826

in the Malacca and Singapore. It aims to expand the influence
of English law in Malaya.

In 1855, the Third Charter has been introduced across the

Straits. This Charter is intended to restructure the existing
court structure. Generally all of this charter, aims to raise the
standard of English law and set aside little by little of Islamic
law which is recognized as the lex loci.
 Federated Malay States
(Negeri-Negeri Melayu Bersekutu)
Selangor, Negeri Sembilan and Pahang
Subsequently in
1895, the four
In the Federated
states are Several years after
Malay States,
consolidated into the entry into force
before the
Federated Malay of this agreement
intervention of the
States so that these or treaty, the British
British, the
states can be colonialists first
administration of
administered by a established the
law in every
single Council of State
country, including
administrative made up of kings
the affairs of
system. Basically, it and princes in the
Muslims is on the
can be said that the Malay states and
shoulders of the
acceptance were joined by
Malay Rulers.
resident in these people in the UK
Applicable law was
countries is due to alone. Council of
the law with Islamic
the political turmoil State is used to
law and custom feel
that happened. To create a state law
like Adat
accomplish this, the by way of the
Temenggong and
Sultan had asked English.
Pepatih.
for help from the
British.
Cont
In addition, the British also established the
courts in accordance with the judicial system in
the Straits with a bit of adjustment for the local
courts. The judges for these courts were mostly
British people and assisted by several Malay
chiefs.

In 1937, the enactment of which is known as

the Civil Law Act 1937 was enacted to
introduce British law. However, its use is not
comprehensive. It is still room for application of
local laws.
 Un-Federated Malay States
(Negeri-negeri melayu tidak bersekutu )
Johor, Kedah, Perlis, Kelantan and Terengganu

Un-federated Malay States are the states of British protection, the position of
these states is different from the Federated Malay States. The British law is not
accepted in their system. These states never formally accept English law to their
country despite enactment of the Civil Law Federated Malay States extended to
the countries of the Non-Federated Malay States .

A fact that can not be denied is the states are independent and governed under a
sovereign king. This position is completely different to what happens in the
Straits Settlements and the Federated Malay States. In the beginning is the
Islamic law in these states will not be disturbed, but it was not given attention to
the lacuna that exists in local laws, including the law of Islam as a result of
changes in society that arise due to the protection and influence of the British .

As a result, Islamic law has successfully narrowed so that it is only used in the
field of family only to create a specific law for the administration of Islamic law.
 Conclusion
It will be observed that the law used in Malaya is customary law and
Islamic law which later was adapted to customary law in Malaya. However
the arrival of British colonial Malaya has led to the application of Islamic
law is limited to a few matters of which the affairs of the family and some
other regulations. However, the application of British law is inconsistently.
This is so because there are some cases judges recognize the local laws
and some cases are better.

Application of English law in the states of the strait have been

marginalizing Islamic law through the introduction of the Charter of Justice
First, Second and Third. Nigam expressly declare acceptance of English
law as a whole in the country ruled by the British. As a result,
enforcement of Islamic laws currently applicable especially in Malacca has
been erased and replaced by British law.

Instead of unfederated malay states, the provision of Islamic law was a sly
way of separating religious affairs with the affairs of another life. Through
a system of Resident Resident sultan desired to receive advice in all cases
except in the matter of Islamic affairs and Malay customs. Understanding
Islam has narrowed by only focuses on religious affairs, marriage,
inheritance and some of the things included in the category of personal
law