Malaysian legal history

The first was the founding of the Melaka Sultanate at the beginning of the 15th century; second was the spread of Islam in the indigenous culture; and finally, and perhaps the most significant in modern Malaysia, was British colonial rule which brought with it constitutional government and the common law system.

During the realm of the Sultanate, Melaka was an important trading port and the maintenance of law and order was crucial to its prosperity.

The administration of justice was placed under the direct charge of the Bendahara (or chief minister) who exercised both political and judicial functions.

The Temenggung (which is the commander of troops and police) was responsible for apprehending criminals, maintaining prisons and generally keeping the peace.

The legal rules that eventually evolved were shaped by three main influences, namely the early non-indigenous Hindu/Buddhist tradition, Islam and the indigenous "adat".

When Melaka fell into the hands of the Portuguese from 1511 to 1641 and the Dutch from 1641 till 1786, the local people continued to practise Islamic laws and Malay customs.

Some judgements meted out may seem rather strange by today's standard but it should be borne in mind that they merely reflected the harsh and often chaotic conditions of those pioneering days.

The Charter is the most significant event in Malaysian legal history as it marked the beginning of the statutory introduction of English law into this country.

The Charter established the Court of Judicature of the Prince of Wales' island (as Penang was then known) to exercise jurisdiction in all civil, criminal and ecclesiastical matters.

It was interpreted by the courts as introducing to Penang the law of England as it stood in 1807 insofar as it was suitable to local conditions and circumstances.