The Ninety-Nine Laws of Perak: a Study of Islamic and Adat Influence in the Malay Society

THE NINETY-NINE LAWS OF PERAK: A STUDY OF ISLAMIC AND ADAT INFLUENCE IN THE MALAY SOCIETY

MOHAMAD HAZIZIE BIN SULKAFLE

A dissertation submitted in fulfilment of the requirement for the degree of Master of Human Sciences in History and Civilization

Kulliyyah of Islamic Revealed Knowledge and Human Sciences International Islamic University Malaysia

OCTOBER 2017

ABSTRACT

This dissertation studied one of the intellectual heritages of the Malay society in the corpus of law; the Ninety-nine Laws of Perak. Basically, this study analyzes the influence of Islam and adat in this set of laws and the nature of the interactions between the two. Instead of seeing those interactions as conflicting in nature and creating tension between them, this study points out that those interactions actually happened in a harmonious and tolerance manner. Despite all the shortcomings, traditional Malay society theoretically believed that it was adat which needed to be conformed by Islam and not vice versa. Hence, to achieve these aims, this study analyzed the Islamic elements in this set of laws such as the aspect of statemanship, laws on qiṣāṣ, ḥudūd, marriage and divorce. As for the adat elements, first and foremost, this study highlighted that adat has been unanimously accepted by Muslim scholars since the16th century as a subsidiary source of laws in Islam. This was followed by analyzing the extent those adat elements such as laws on agriculture and transactions conformed to the guidelines provided to be accepted as source of laws. A key distinction of this study is that the existance of adat elements in traditional Malay laws did not make them “less” Islamic. Previous studies tend to put qiṣāṣ and ḥudūd as the benchmark for the traditonal Malay laws to be accepted as “Islamic-based laws”. Yet, Islam is not only about qiṣāṣ and ḥudūd. It is also highlighted in this study that for a fair assessment of the traditional Malay laws, it is time for researchers to accept them as it is, instead of comparing them with the contemporary concept of laws. After all, these traditional Malay laws signify the intellectual legacy of the Malay society and their civilization.

ABSTRACT IN ARABIC

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APPROVAL PAGE

I certify that I have supervised and read this study and that in my opinion; it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a dissertation for the degree of Master of Human Sciences in History and Civilization.

…………………………………….. Wan Suhana Wan Sulong Supervisor

…………………………………….. Hafiz bin Zakariya Co-Supervisor

I certify that I have read this study and that in my opinion it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a dissertation for the degree of Master of Human Sciences in History and Civilization.

…………………………………….. Fauziah Fathil Examiner

This dissertation was submitted to the Department of History and Civilization and is accepted as a fulfilment of the requirement for the degree of Master of Human Sciences in History and Civilization.

…………………………………….. Mohd Helmi Mohd Sobri Head, Department of History and Civilization.

This dissertation was submitted to the Kulliyyah of Islamic Revealed Knowledge and Human Sciences and is accepted as a fulfilment of the requirement for the degree of Master of Human Sciences in History and Civilization.

…………………………………….. Mohammad Abdul Quayum Dean, Kulliyyah of Islamic Revealed Knowledge and Human Sciences

DECLARATION

I hereby declare that this dissertation is the result of my own investigation, except where otherwise stated. I also declare that it has not been previously or concurrently submitted as a whole for any other degrees at IIUM or other institutions.

Mohamad Hazizie Bin Sulkafle

Signature…………………....………. Date …….……………….

INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

DECLARATION OF COPYRIGHT AND AFFIRMATION OF FAIR USE OF UNPUBLISHED RESEARCH

THE NINETY-NINE LAWS OF PERAK: A STUDY OF ISLAMIC AND ADAT INFLUENCE IN THE MALAY SOCIETY

I declare that the copyright holder of this dissertation are jointly owned by the student and IIUM.

No part of this unpublished research may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without prior written permission of the copyright holder except as provided below

1. Any material contained in or derived from this unpublished research may be used by others in their writing with due acknowledgement.

2. IIUM or its library will have the right to make and transmit copies (print or electronic) for institutional and academic purposes.

3. The IIUM library will have the right to make, store in a retrieved system and supply copies of this unpublished research if requested by other universities and research libraries.

By signing this form, I acknowledged that I have read and understand the IIUM Intellectual Property Right and Commercialization policy.

Affirmed by Mohamad Hazizie Bin Sulkafle

……..…………………….. ……………………….. Signature Date

DEDICATION

This dissertation is dedicated to my beloved parents

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ACKNOWLEDGEMENTS

All glory is due to Allah the Almighty, whose Grace and Mercy have been with me throughout the duration of my programme. Although, it has been a challenging task, His Mercy and Blessings on me has eased the herculean task of completing this dissertation.

I am most indebted to my supervisor, Dr. Wan Suhana Wan Sulong, whose enduring disposition, kindness, promptitude, thoroughness and friendship have facilitated the successful completion of my work. I would like to put on record and appreciate her detailed comments, useful suggestions and inspiring queries which been considerably improved this dissertation. Her brilliant grasp of the aim and content of this work led to her insighful comments, suggestions and queries which helped me a great deal. Despite her commitments, she took time to listen and attend to me whenever requested. The moral support she extended to me is in no doubt a boost that helped in building and writing the draft of this research work. I am also grateful to my co-supervisor, Assoc. Prof. Dr. Hafiz Zakariya, whose support and cooperation contributed to the outcome of this work.

Lastly, my gratitude to my beloved family especially my parents, for their prayers, understanding and endurance while I was away.

Once again, we glorify Allah for His endless Mercy on us which enabled the successfull writing this dissertation. Alḥamdulillāh.

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TABLE OF CONTENTS

Abstract ...... ii Abstract in Arabic ...... iii Approval Page ...... iv Declaration ...... v Copyright ...... vi Dedication ...... vii Acknowledgements ...... viii List of Tables ...... xi List of Figures ...... xii Table of Transliteration ...... xiii

CHAPTER ONE: INTRODUCTION ...... 1 1.1 Background of the Study ...... 1 1.2 Statement of the Problem...... 3 1.3 Research Objectives and Questions ...... 5 1.4 Significance of the Study ...... 6 1.5 Literature Review ...... 7 1.6 Research Methodology ...... 15 1.7 Proposed Chapter Outline ...... 17

CHAPTER TWO: HISTORICAL BACKGROUND OF PERAK ...... 19 2.1 Introduction...... 19 2.2 Pre-Sultanate Kingdoms in Perak ...... 19 2.2.1 Gangga Nagara ...... 20 2.2.2 Beruas and Manjung ...... 21 2.3 The Sultanate of Perak ...... 24 2.3.1 The Achehnese in Perak ...... 25 2.3.2 The Eighteenth Century Perak ...... 28 2.3.3 The British in Perak ...... 33

CHAPTER THREE: THE ISLAMIZATION OF PERAK AND THE WRITING OF THE NINETY-NINE LAWS OF PERAK ...... 37 3.1 The Islamization of Perak ...... 37 3.2 The Coming of the Sayyids of Jamalullail to Perak ...... 39 3.3 The Sayyids of Jamalullail and the Islamization of Perak ...... 45 3.4 The Ninety-Nine Laws of Perak ...... 49 3.4.1 The Manuscript, Its Copies and Published Versions of the Ninety-nine Laws of Perak ...... 51 3.4.2 The Writing of the Ninety-nine Laws of Perak ...... 52 3.4.3 The General Contents and Structure of the Ninety-nine Laws of Perak...... 57 3.4.4 The Influence of the Ninety-nine Laws on the Administration of Justice in Perak ...... 60

CHAPTER FOUR: THE INFLUENCE OF ISLAM ON THE NINETY- NINE LAWS OF PERAK ...... 71 4.1 Introduction...... 71 4.2 Islamic Statemanship ...... 72 4.2.1 The Aspects of Statemanship in the Ninety-nine Laws of Perak ...... 78 4.3 Islamic Laws in the Ninety-Nine Laws of Perak ...... 89 4.3.1 Qiṣāṣ and Diyat ...... 91 4.3.2 Ḥudūd ...... 94 4.3.3 Laws Related to Marriage and Divorce ...... 95 4.3.4 Inheritence ...... 98 4.4 Ta‘Zir in Islam ...... 100 4.5 Other Aspects which being Influenced by Islam ...... 102 4.6 Concluding Remarks ...... 105

CHAPTER FIVE: THE ELEMENTS OF ADAT IN THE NINETY-NINE LAWS OF PERAK ...... 107 5.1 Introduction...... 107 5.2 Adat in the Traditional Malay Society and Its Interaction with Islam ...... 108 5.2.1 Interaction between Adat and Islam ...... 110 5.2.2 “Biar Mati Anak, Jangan Mati Adat” (Losing a Child is More Preferrable than Losing the Adat)? ...... 114 5.3 Adat as Source of Laws in Islam ...... 116 5.4 The Elements of Adat in the Ninety-Nine Laws of Perak ...... 118 5.4.1 Laws Related to Agricultural and Rearing Animals Activities...... 118 5.4.2 Laws Related to Transaction and Contract Activities (Mu‘āmalāt) ...... 120 5.4.3 Laws Related to Slavery ...... 122 5.4.4 Laws Related to Adultry ...... 123 5.4.5 Articles on Pawang (Shaman) and Bidan (Mid-wife) ...... 124 5.4.6 Miscellaneous Laws ...... 129 5.5 Concluding Remarks ...... 130

CHAPTER SIX: CONCLUSION ...... 132

REFERENCES ...... 136

LIST OF TABLES

Table 1.1 Research Design: Research Questions, Data Collection Methods, and Data Analysis Procedures 17

Table 3.1 Titles of the Articles of the Ninety-nine Laws of Perak 68

Table 3.2 J. Riby’s Classification of Articles in the Ninety-nine Laws of Perak 69

Table 3.3 M.A. Fawzi Mohd Basri’s Classification of Articles in the Ninety-nine Laws of Perak 70

Table 4.1 Four Concepts in the “Mirrors for Princes” Literature 77

Table 4.2 Comparison between Ḥudūd and Ta‘zīr 101

Table 5.1 Laws Related to Agricultural and Rearing Animals Activities 119

LIST OF FIGURES

Figure 3.1 The Genealogy of Sayyid Hussain al-Faradz and his descendants. 45

Figure 3.2 The Genealogy of Sayyid Hussein al-Faradz Jamalullail from Prophet Muḥammad S.A.W. 67

Figure 5.1 The Domain of Adat as understood by the traditional Malay society. 110

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TABLE OF TRANSLITERATION

N ن GH غ SH ش KH خ ’ ء

H ه F ف Ṣ ص D د B ب

W و Q ق Ḍ ض DH ذ T ت

Y ي K ك Ṭ ط R ر TH ث

L ل Ẓ ظ Z ز J خ

M م ‘ ع S س Ḥ ح

Short Vowels

a اَ

i اَ

u اَ

Long Vowels

ā آ

ī ىَ

ū وَ

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CHAPTER ONE

INTRODUCTION

1.1 BACKGROUND OF THE STUDY

The study of Malay traditional laws began as early as 1820 with the publication of three volumes of History of the Indian Archipelago by John Crawfurd. In the third volume, he gives a general explanation of various Malay traditional laws from his own point of view.1 This was later continued by other British officers such as Stamford

Raffles, R.J. Wilkinson, R.O. Winstedt, and Frank Swettenham. However, according to Noor Aisha, there exist some biased and prejudiced elements in their writings, either explicitly or implicitly. For example, they mostly tend to agree that Malay traditional laws are backward, cruel, barbaric, unjust, and are only intended to safeguard the interests of Malay rulers.2

All these allegations have motivated some local scholars to refute their arguments. For them, these British officers have judged the Malay traditional laws from their Eurocentric and modern standards. Besides that, it is also due to their lack of understanding of Islam and the Malay culture.

Among such local scholars are Othman Ishak3, Abu Hassan Sham and

Mariyam Salim,4 Noor Aisha Abdul Rahman, and Jelani Harun5. They have

1 See John Crawfurd, History of the Indian Archipelago volume 3 (Edinburgh: Archibald Constable and Co., 1820), 75-139. 2 Noor Aisha Abdul Rahman, Colonial Image of Malay Adat Laws: A Crititcal Appraisal of Studies on Adat Laws in the Malay Peninsula during the Colonial Era and Some Continuities (Leiden: Brill, 2006), 7-20. 3 Othman Ishak, Hubungan Antara Undang-undang Islam dengan Undang-undang Adat (Kuala Lumpur: Dewan Bahasa dan Pustaka, 2nd edn., 1997). 4 Abu Hassan Sham and Mariyam Salim, Sastera Undang-undang (Kuala Lumpur: Dewan Bahasa dan Pustaka, 1995). 5 Jelani Harun, Undang-undang Kesultanan Melayu dalam Perbandingan (Pulau Pinang: Penerbit USM, 2010).

thoroughly studied the Malay traditional laws in order to prove that Islam influenced these laws with differences in its degree of influence. For example, by studying the

Hukum Kanun Melaka [Canon Law of Malacca], they found detailed laws of ḥudūd.

From that, they concluded that Melaka had a strong influence of Islam. However, the elements of ḥudūd were not mentioned as frequently by other laws such as Undang- undang Kedah [Kedah Legal Code], Hukum Kanun Pahang [Canon Law of Pahang],

Undang-undang Johor [Johor Legal Code], and Undang-undang 99 Perak [The

Ninety-nine Laws of Perak]. They consider this due to the lesser influence of Islam on those states as much as in Melaka.

On the issues of cruelty and barbarism, they refute that we cannot and should not judge those traditional laws based on the current standard, or the European standard. Both the Malay and European societies have different sets of worldview and standards on what justice is. Other than that, Noor Aisha argues that while they accuse the Malay traditional laws as being barbaric and cruel, they seem to ignore the fact that their own medieval laws were similar and, in some cases, more extreme than the

Malay traditional laws.6 According to her, they tend to underestimate the Malay traditional laws in order to legalize and justify their colonialism of the Malay

Archipelago. They argue that their acts of colonialism were to civilize the Malays since the latter did not have any civilization7. Her views are also supported by the writings of Syed Hussein Alatas such as The Myth of the Lazy Native.8

6 Noor Aisha, 48-49. 7 Ibid., 34. 8 Syed Hussein Alatas, The Myth of the Lazy Native (London: Frank Cass, 1977).

1.2 STATEMENT OF THE PROBLEM

The study of Malay traditonal laws has attracted many scholars who have produced enormous literature in this field. There are several Malay traditional laws which have been identified and studied up to this day. Among them are Hukum Kanun Melaka

[Canon Law of Malacca], which is also known as Undang-Undang Melaka [Malacca

Legal Code], Hukum Kanun Pahang [Canon Law of Pahang], Undang-undang Johor

[Johor Legal Code], Undang-undang Kedah [Kedah Legal Code], and Undang- undang 99 Perak or the Ninety-nine Laws of Perak.

However, there has been inadequate study on the Ninety-nine Laws of Perak,9 which is also important as one of the phases in the development of the composition of

Islamic laws or Islamic-based laws in the Malay Archipelago. It is not too extreme to claim that all of these traditional Islamic-based laws were initial attempts by the

Malay people in their efforts towards the composition of a comprehensive Islamic laws. These efforts can be proven from a statement by R.J. Wilkinson who, when discussing the laws of the Malay Peninsula, stated that “there can, however, be no doubt that Moslem law would have ended by becoming the laws of Malaya had not

British law stepped in to check it.”10

Hence, the main aim of this study is to examine to what extent the influence of

Islam was exerted in the Ninety-nine Laws of Perak. This research also aims to understand the interaction between Islam and adat in the Malay society and to see how the Malay society harmonized these two elements. Taking the content of the

9 The Ninety-nine Laws of Perak is a set of traditional laws which belonged to the Sultanate of Perak. This set of laws is believed had been composed in the sixteenth century by a sayyid from Hadramaut. Some researchers tend to claim that this set of laws had been the official state laws for the Perak Sultanate and influenced by Islam. Hence, among the aims of this study is to further scrutinize these claims. 10 R.J. Wilkinson, Papers on Malay Subjects: Law Part I, Introductory Sketch (Kuala Lumpur: Federated Malay States Government Press, 1922), 49.

Ninety-nine Laws of Perak as a study case, this research aims to put forward a new insight regarding the study of interaction between Islam and adat in the Malay society.

In order to achieve the main objective, there are several issues that need to be examined. One of them is the historical origin of that law. Currently, there exist two opinions regarding the origin of the law. One group of scholars believe that this law was composed in the 16th century based on the manuscript11 itself. Meanwhile, another group of scholars believe the actual period is in the 17th century based on the waves of immigration of the Sayyids of Hadramaut to the Malay Archipelago.

Other than that, many scholars regard the Ninety-nine Laws of Perak as being non-Islamic laws due to the existence of pre-Islamic and adat elements. Thus, we will try to answer in this study whether we can explain these elements based on the argument of ‘uruf as one of the sources of laws in Islam. ‘Uruf is a principle where as long as pre-Islamic or adat elements do not contradict the basic principles of Islam, they can continue to be practised and used as laws or set of rules.

At the same time, there also exist some un-Islamic elements in this law such as laws on shamanism which seem to legalize shamanistic activities. Our study also aims to find proper explanation as to why such laws on shamanism are still being maintained, if there were societal circumstances which caused laws on shamanism to be needed, and if shamanism, which was practised by the Malay society in the past, has the same concept and understanding as in contemporary practices.

Last but not least, there also exist questions on the extent to which this set of laws have been implemented and practised in Perak since their composition, whether this set of laws were only implemented by the descendants of the Sayyid family who

11 The existing manuscript of this set of laws is dated at 1916 which belonged to Sayid Jaafar bin Sayid Unas, Datuk Penghulu of Kuala Teja, in Kinta district, Perak. It is now being kept under the National Archives of Malaysia in photocopy form with call number 2007/0052706. There is also another copy at the SOAS Library, London under the code of MS 40327.

became the Menteri12 of Perak, and whether this set of laws have ever been made into state laws.

1.3 RESEARCH OBJECTIVES AND QUESTIONS

The study of the Ninety-nine Laws of Perak or Undang-undang 99 Perak is aimed to answer the following questions:

1) When was the Ninety-nine Laws of Perak actually composed?

2) To what extent has Islam and its teachings influenced the Ninety-nine

Laws of Perak?

3) To what extent have the traditional adat and customs influenced the

Ninety-nine Laws of Perak?

4) To what extent have the Ninety-nine Laws influenced the administration of

justice in Perak?

Hence, by answering the above questions, the following objectives are expected to be achieved at the end of the research:

1) To determine the exact period for the compilation of the Ninety-nine Laws

of Perak

2) To explain the position and influence of Islam and its teachings in the

Ninety-nine Laws of Perak

3) To explain the position and influence of traditional adat and customs in

the Ninety-nine Laws of Perak

4) To find out the influence of the Ninety-nine Laws on the administration of

justice in Perak

12 The full title of this position is Orang Kaya Menteri Paduka Tuan, one of the Four Main Ministers (Orang Besar Empat) of the Perak Sultanate.

1.4 SIGNIFICANCE OF THE STUDY

A thorough study on the Ninety-nine Laws of Perak will shed more light and information on the development of laws in the Malay Peninsula. Hence, this paper will be able to prove if, pior to the arrival of the British in the Malay Peninsula, Malay states already had their own systematic laws and if its governments were in order, and not in the state of chaos and barbarism as claimed by Gullick.13

By studying the influence of Islam in Malay traditional laws, it will also facilitate further understanding on the nature and process of Islamization in the Malay

Archipelago such as the types of obstacles and issues faced by Islam and how Islam accommodated them, the potential clashes between the adat and Sharī‘ah and which elements prevailed, and the extent to which the people of the Malay Archipelago understood the teachings and principles of Islam.

By answering the above questions, it will add more information on the discussion of whether Islam really influenced and changed the worldview of the

Malay people and brought them from primitiveness into the state of civilization and intellectualism. Some colonialists such as Stamford Raffles sternly held the view that the arrival of Islam only made the Malays backward. The actual factors which civilized the Malays were Hinduism and Buddhism, and Islam he argued, never penetrated into the hearts of the Malay people.14 It is hoped that the outcomes of this research would refute such allegations made by colonialists.

This study will also be able to show how the Malay people were able to use their intellect and wisdom in harmonizing Islam and the adat laws which signify the peak of Islamic civilization in the Malay Archipelago.

13 J.M. Gullick, Indigenous Political Systems of Western Malaya (London: Athlone Press, 1965), 1. 14 Syed Muhd Khairudin Aljunied, “Sir Thomas Stamford Raffles Discourse on the Malay World: A Revisionist Perspective,” SOJOURN, vol. 7, no.1 (2005): 7-8.

Last but not least, this study will attempt to prove that Islam had a great impact on the Malay society and not just a ‘thin layer’ which covered the Malay society as claimed by Raffles.15 This paper also intends to prove that prior to the arrival of the

British, the Malay states already had their own set of systematic, comprehensive, just and civilized laws, unlike what was claimed by Gullick.16

1.5 LITERATURE REVIEW

Abu Hassan Sham17 and Liaw Yock Fang18 conducted a comprehensive postgraduate study on Undang-undang Melaka [Malacca Legal Code], or Hukum Kanun Melaka

[Canon Law of Malacca], as their subject of research. Hukum Kanun Pahang [Canon

Laws of Pahang] and Undang-undang Kedah [Kedah Legal Code] were also studied by Malay scholars, Yaakub Isa19 and Mariyam Salim,20 respectively. However, one important traditional law, Undang-undang 99 Perak or the Ninety-nine Laws of Perak, has never been adequately or thoroughly studied.

The study on the Ninety-nine Laws of Perak started as early as 1908 when J.

Rigby fully transliterated and translated its text into English. This work was later included by R.J. Wilkinson in his edited book, Paper on Malay Subjects.21 Although this work is considered as the pioneer in the study of the Ninety-nine Laws of Perak,

Rigby never analyzed it thoroughly. He only transliterated it from the Jawi to the

Roman script, before translating it into English and providing some commentaries in the form of footnotes where he felt necessary. His important contribution was the

15 Ibid., 8. 16 Gullick, 1. 17 Abu Hassan Sham, “Undang-undang Melayu Lama: Tumpuan Khas HKM dan Undang-undang yang di bawah Pengaruhnya,” (MA dissertation, University of Malaya, 1972). 18 Liaw Yock Fang, Undang-undang Melaka (The Hague: Martinus Nijhoff, 1976). 19 Yaakub Isa, Hukum Kanun Pahang (Pekan: Lembaga Muzium Negeri Pahang, 2003). 20 Mariyam Salim, Undang-undang Kedah (Kuala Lumpur: Dewan Bahasa dan Pustaka, 2005). 21 J. Rigby, Papers on Malay Subjects: Law Part II, The Ninety-Nine Laws of Perak, ed. R.J. Wilkinson (Kuala Lumpur: Federated Malay States Government Press, 1908).

classification of the laws into four main categories: 1) public laws, 2) proprietary rights and duties, 3) slavery, sorcery and miscellaneous and 4) relations of sexes.22

These classifications help us in analyzing the main aspects which has been touched in this law.

Then, the general discussion of the origin and influence of the Ninety-nine

Laws of Perak was written by R.O. Winstedt in his famously quoted work, A History of Classical Malay Literature. He was the one who put forward the argument that the law was brought to Perak by Sayid Hussein al-Faradz from Hadramaut in the 17th century.23 This contradicted with the manuscript, which mentions that it was in fact brought in by Sayid Hassan during the reign of Sultan Ahmad Tajuddin Marhum

Tanah Abang in the 16th century (1577-1584).24

Later scholars had various opinions on this issue. M.A. Fawzi Basri, for example, seems to agree with the manuscript and questions Winstedt’s argument.25

Meanwhile, Abu Hassan Sham and Mariyam Salleh agree with the manuscript without any further elaboration.26 Abdul Kadir Haji Muhammad also strongly agrees with the fact stated in the manuscript and regards it as a true historical fact and that the law came during the reign of Sultan Ahmad Tajuddin, thus rejecting Winstedt’s opinion.27

At the same time, M.A. Fawzi Basri postulates that Sultan Ahmad Tajuddin was not called Marhum Tanah Abang after his death, but Marhum Muda. Marhum Tanah

22 M.B. Hooker, Introductory Note to “The Ninety-nine Laws of Perak,” by J. Rigby in Readings in Malay Adat Laws, edited by M.B. Hooker (Singapore: Singapore University Press, 1970), 54-55. 23 R.O. Winstedt, A History of Classical Malay Literature (Kuala Lumpur: Malaysia Branch of Royal Asiatic Society, 3rd edn., 1991), 120. 24 M.A. Fawzi Basri, Cempaka Sari: Sejarah Kesultanan Negeri Perak (Ipoh: Yayasan Perak, 1986), 217. 25 Ibid., 214. 26 Abu Hassan Sham & Mariyam Salim, 151. 27 Abdul Kadir Haji Muhammad, Sejarah Penulisan Hukum Islam di Malaysia (Kuala Lumpur: Dewan Bahasa dan Pustaka, 1996), 17-19.

Abang was Sultan Muzaffar Shah (1528-1549), the first Sultan of Perak. Hence, for

M.A. Fawzi Basri, it was a mistake in copying the manuscript.28

Others such as Jelani Harun,29 Ahmad Jelani Halimi,30 and Liaw Yock Fang31 seem to agree with Winstedt. Winstedt’s opinion seems to be based on his earlier work, “The Hadramaut Sayids of Perak and Siak”.32 However, this writing seems to have some issues since he himself wrote a contradictory fact that Sayid Hussein was a teacher of the first Sultan of Perak, who reigned as early as 1528 (16th century) but also stated that the same Sayid Hussein only arrived in the 17th century.33

On the extent of Islam’s influence on this set of laws, Abdul Kadir Haji

Muhammad boldly claims that the Ninety-nine Laws of Perak is the third Islamic law system in Malaysia. Even though he admits that there exist some pre-Islamic and adat elements in the laws, the Islamic influences are stronger.34 However, this issue has never been agreed upon by the scholars. Winstedt, for example, strongly holds the view that the pre-Islamic and adat elements are stronger in this set of laws35 although he never categorically stated whether this set of laws is Islamic or not. Ahmad Jelani

Halimi advances a more interesting argument that this set of laws is more accurately influenced by the Arab customs, particularly the Arabs of the Hadramaut.36

In spite of all the opinions, this subject is still being debated and it seems that their opinions have not been supported by strong and clear arguments. For instance, in

28 M.A. Fawzi, 214. 29 Jelani Harun, Undang-undang Kesultanan Melayu . . . , 83 and Umpama Sebuah Bahtera: Kajian Naskhah Melayu Sejarah Kesultanan Negeri Perak, (Kuala Lumpur: Arkib Negara Malaysia), 91. 30 Ahmad Jelani Halimi, “Pengaruh Islam Terhadap Perundangan Melayu: Tumpuan kepada Undang- undang 99 Perak” in Islam di Tanah Melayu Abad ke-19, edited by Farid Mat Zin (Shah Alam: Karisma Publications Sdn. Bhd., 2007), 74. 31 Liaw Yock Fang, Sejarah Kesusastraan Melayu Klasik (Jakarta: Yayasan Pustaka Obor Indonesia, 2011), 550. 32 R.O. Winstedt, “The Hadramaut Sayids of Perak and Siak”, Journal of the Straits Branch of the Royal Asiatic Society, vol. 79, (Sept. 1919), 49-54. 33 Ibid., 51. 34 Abdul Kadir, 21. 35 Winstedt, A History of Classical . . . , 120. 36 Ahmad Jelani, 79.

his book, Abdul Kadir Haji Muhammad does not explain why the laws on shamanism still exist. Winstedt, in A History of Classcical Malay Literature, seems to generalize the laws as being un-Islamic based on several seemingly un-Islamic laws and ignoring the many other laws that are either Islamic-based or in line with the basic principles of

Islam, if not fully Islamic. What is lacking here is the understanding of the principles of Islam which accepts adat as one of the sources of law as long as it is not contradictory.

The approach of Othman Ishak in Hubungan antara Undang-undang Islam dengan Undang-undang Adat seems suitable to be taken into consideration here. In discussing the existence of adat and pre-Islamic elements in the law, a proper understanding of the principle of ‘uruf as one of the sources of laws in Islam is needed. At the same time, it is also important to look at the conditions and circumstances of the society at that time that required such pre-Islamic and adat elements to be implemented and practised.

There is also no proper discussion on the implementation of the Ninety-nine

Laws of Perak by those scholars. Only Winstedt and Jelani Harun have given brief information on this issue. According to Winstedt, this set of laws was never declared as official state law.37 On the other hand, although Jelani Harun seems to want to claim that this set of laws had been implemented in Perak, there is still no concrete evidence to prove that fact.38

In general, lengthy discussions on this law have only been done by several scholars: R.J. Wilkinson, Abu Hassan Sham and Mariyam Salim, Abdul Kadir Haji

Mohamad, Norazit Selat, Nuwairi Haji Khaza’ai, Meor Ahmad Tajuddin Meor

Mazlan, Ahmad Jelani Halimi, Ahmad Jelani Halimi and Ishak, and Jelani Harun.

37 Winstedt, A History of Classical . . . , 120. 38 Jelani, Undang-undang Kesultanan Melayu . . . , 88-89.

R.J. Wilkinson, in his preface to the work of R.J. Rigby, only focuses on the origin of the Ninety-nine Laws of Perak and the influence of the Sayyid family in the socio-politics of the Perak Sultanate. For him, the Sayyid family were able to exert their influence and “played a great part in the little Perak world”.39 However,

Wilkinson did not touch upon the content of this set of laws. The same approach was also adopted by R.J. Rigby in his introduction on the Ninety-nine Laws of Perak, in which he focused his discussion on the origin of the Persian influence on this set of laws.40

Abu Hassan Sham and Mariyam Salim have provided us with a critical analysis of all the 99 laws in this set of laws. However, although both authors claim to have “looked at its contents critically”,41 what was basically done is just a summary of each law, which will facilitate readers understanding about these laws. Only several laws have been commented upon, among them being laws on theft, murder and inheritance. On the issue of shamanism or un-Islamic elements, as claimed by

Winstedt,42 the authors did not provide any further commentary. They also did not discuss the influence of Islam and adat on this set of laws. This shortcoming can be explained through the objective of this book, which focuses on the content of the text and comparison with other relevant texts.43

Abdul Kadir Haji Muhammad has written positively about this set of laws.

From his perspective, the Islamic influence was strong in this set of laws. He claims it as Islamic-based laws which were taken from or based on Islamic principles even

39 R.J. Wilkinson, Preface to Papers on Malay Subjects: Law Part II, The Ninety-nine Laws of Perak by J.Rigby (Kuala Lumpur: Federated Malays States Government Press, 1929), 7. 40 J. Rigby, Introduction to Papers on Malay Subjects: Law Part II: The Ninety-Nine Laws of Perak (Kuala Lumpur: Federated Malay States Government Press, 1929), 12-19. 41 Abu Hassan Sham and Mariyam Salim, 151. 42 Winstedt, A History of Classical . . . , 120. 43 Abu Hassan Sham and Mariyam Salim, x.