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'MELAYU BERAJA' THE MALAY ISLAMIC MONARCHY IN NEGARA DARUSSALAM PRIOR TO 1906: A HISTORICAL STUDY

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‘MELAYU ISLAM BERAJA’ THE MALAY ISLAMIC MONARCHY IN NEGARA BRUNEI DARUSSALAM PRIOR TO 1906: A HISTORICAL STUDY

Published by Brunei Historical Society (PESEBAR) c/o Historical Studies Program, Faculty of Arts and Social Sciences, Universiti Brunei Darussalam, Negara Brunei Darussalam

© Brunei Historical Society, 2019

First Printing April 2019

All rights reserved. No part of this book may be reproduced or copied in any form or by any means – graphic, electronic or mechanical including photocopying, recording, typing on information and retrieval system without the prior written permission from The Principal of the Brunei Historical Society, . The published writing does not represent the views of the publisher, coordinator and editor. All views and statements in the book are the responsibilities of the writers solely.

Perpustakaan Dewan Bahasa dan Pustaka Brunei Pengkatalogan Data-dalam-Penerbitan

ASBOL bin Haji Mail, Haji ‘Melayu Islam Beraja’ The Malay Islamic Monarchy in Negara Brunei Darussalam Prior to 1906: A Historical Study / Professor Madya Dr. Haji Awg Asbol bin Haji Mail...[et al.]. -- Bandar Seri Begawan : Brunei Historical Society, 2019. 123 p. cm ISBN 978-99917-961-8-5 (Softcover) 1. Brunei Darussalam--History--19th century--Melayu Islam Beraja 2. Brunei Darussalam--Kings and rulers--History 3. Brunei Darussalam-- Politics and government--19th century I. Title II. Ampuan Brahim bin Ampuan Haji Tengah, Haji III. Nani Suryani binti Haji Abu Bakar IV. Asiyah Az Zahra binti Haji Ahmad Kumpoh, Hajah V. Tassim bin Haji Abu Bakar, Haji

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‘MELAYU ISLAM BERAJA’ THE MALAY ISLAMIC MONARCHY IN NEGARA BRUNEI DARUSSALAM PRIOR TO 1906: A HISTORICAL STUDY

Written by Assoc. Professor Dr. Haji Awang Asbol bin Haji Mail Assoc. Professor Ampuan Dr. Haji Brahim bin Ampuan Haji Tengah Dr. Nani Suryani binti Haji Abu Bakar Dr. Hajah Asiyah Az Zahra binti Haji Ahmad Kumpoh Dr. Haji Tassim bin Haji Abu Bakar

Published by

CONTENT

1 Introduction 1 2 The Relationship between the Malay Race and 3 MIB 3 The Origin of the Malay Race 7 4 Islam and Its Relationship with MIB 18 5 The Malay Monarchic Institution 36 6 The Brunei Monarchic Institution 41 7 The Brunei Monarchic Institution from 9th to 46 16th Century 8 Civil War 51 9 The Downfall of the Brunei Monarchic 53 Institution in the 19th Century 10 Rebellion in 56 11 Brunei The Soul of Limbang, Limbang the 59 Body of Brunei 12 Supplementary Agreement of 1905/1906 64 13 Traditional Customs 66 14 Customs of the Coronation 73 15 The Custom of Knighthood 81 16 Wedding Customs 86 17 Royal Funeral Customs 88 18 The Law 90 19 Conclusion 104

ABSTRACT

The Islamic Malay Monarchy (MIB) which became the nation’s official concept in 1984 has fundamentally manifested before 1906. MIB elements in 1368 CE since the Islamisation of Awang Alak Betatar, until 1906 CE can be traced in terms of the existence and role of race, language, Islam, monarchy, customs and law. In terms of race and language, it is evident that Malay, as one of the MIB components before 1906, has emerged over tens of thousands of years ago. The eminence of Islam was not only supported by the of Brunei until 1906 but also gained solid cooperation from the preachers and the local people until it became a way of life for the Brunei people. The Sultans of Brunei before 1906 also played a role in strengthening and expanding the customs of the people of Brunei until they became part of the MIB elements of this period.

FOREWORD

Alhamdulillah, praise be to Subhanahu wa Ta’ala that this book “THE MALAY ISLAMIC MONARCHY IN NEGARA BRUNEI DARUSSALAM PRIOR TO 1906: A HISTORICAL STUDY” has successfully been published by The Brunei Historical Society (PESEBAR). This book is the second book in the English language that the Society has published individually. The study of the history of MIB in terms of the roles of race, language, Islam, monarchial institution, customs (adat istiadat) and laws, has hitherto not much studied previously. Hopefully this book will give more insight and understanding of the existence of the MIB before 1906. This will reinforce the rationality of the country's claim to declare MIB as the national concept embraced by every layer of society in the country. A continuous research without stopping must be undertaken from time to time so MIB's history continues to shine. Hopefully, the benefits of this book will be achieved not only among historical researchers but also to lecturers, students and enthusiasts of history especially in MIB research. In conclusion, my heartiest congratulations to Associate Professor Dr. Haji Awg Asbol bin Haji Mail, Associate Professor Ampuan Dr. Haji Brahim bin Ampuan Haji Tengah, Dr. Nani Suryani binti Haji Abu Bakar, Dr. Hjh Asiyah Az Zarah binti Haji Ahmad Kumpoh and Dr. Haji Tassim bin Haji

Abu Bakar. for working hard and diligently in producing this book. May all your efforts will be rewarded and blessed by Allah.

Pehin Siraja Khatib Dato Paduka Seri Setia Dr. Ustaz Haji Awang Yahya bin Haji Ibrahim The Principal Brunei Historical Society (PESEBAR)

PREFACE

Alhamdulillah, praise be to Allah Subhanahu wa Ta’ala (exalted and glorified is He) who has blessed us with His mercy and guidance. Salutation and peace be upon our beloved Prophet Sallallahu ‘Alaihi wa Sallam (peace be upon him), his family, friends, and disciples. With His blessings, this book has been successfully published for the reading pleasure of all layers of society in our beloved Negara Brunei Darussalam, and especially for enthusiasts of the country’s history. Malay Islamic Monarchy (MIB) which officially became a state concept in 1984 has actually existed before 1906. The elements of MIB which has been in existence since 1368 when Awang Alak Betatar became a Muslim, until 1906 can be traced in terms of the existence and roles of race, language, Islam, monarchial institution, customs and laws. These five aspects are the main focus of this book’s discourse. In terms of race and language, it is evident that Malay as one of the MIB components before 1906 has emerged over tens of thousands of years ago. Meanwhile Islam is said to have emerged among the people of Brunei since the 10th century. The elements of MIB became increasingly enriched when Awang Alak Betatar became a Muslim with Brunei itself then becoming a Malay Islamic Sultanate and this has become an important way of life of the Brunei community until 1906. The of Brunei before 1906 also played a role in strengthening

and expanding the customs of the people of Brunei until it became part of the MIB elements. However, the most important event is when the laws of the nation became elements of MIB as a symbol of the sovereignty of a ruler also included elements of Islam. Hence embedded within the laws are customary laws and Islamic laws making it support the elements of MIB before 1906. This book was intentionally written as a commemoration for all political events of our country, Brunei Darussalam especially in in exhorting and strengthening the acceptance of the Malay Islamic Monarchy concept. Hopefully this effort will be blessed by Allah and become a wakaf of knowledge and charity from us, the authors. In fact, there are still many historical treasures of Brunei Darussalam that need to be explored. The ongoing studies that produce Brunei's historiography should be done not only for the sake of knowledge discourse but also for the knowledge of all levels of society in this country. It also benefits the development of the country in terms of intellectual development among local researchers. In conclusion, we the authors would like to express our highest appreciation and thanks to the Faculty of Arts and Social Sciences of the Universiti Brunei Darussalam for giving permission and funding this research until finally it is published in this book form. The highest appreciation and thanks too to Persatuan Sejarah Brunei (PESEBAR), or Bruneian Historical Society, for publishing this book. The same goes to Tuan Haji Mohd Rozan bin Dato Paduka Haji Mohd Yunos, who was supportive in this effort, and offered his valuable inputs so that this book could be published, and so many thanks to him. In the same light, not to forget, our utmost thanks to the Universiti Brunei Darussalam library, the Department of Bruneian Historical Centre and the Department of Museums’ National Archives, who extended their assistance in obtaining reference materials for us to draft, update and complete the writing of this

book. Additionally, our utmost appreciation must also be given to the Brunei Historical Centre for allowing us to reproduce articles that they had published to be included in this book. We, on behalf of the writers, pray that Allah rewards and accepts your deeds. Aamiin.

Associate Professor Dr. Haji Awang Asbol bin Haji Mail Associate Professor Ampuan Dr. Haji Brahim bin Ampuan Haji Tengah Dr. Nani Suryani binti Haji Abu Bakar Dr. Hajah Asiyah Az Zahra binti Haji Ahmad Kumpoh Dr. Haji Tassim bin Haji Bakar

1

CHAPTER 1

INTRODUCTION

Melayu Islam Beraja (MIB), or the Malay Islamic Monarchyy, was officially proclaimed as the concept of the nation by His Majesty Sultan Haji Hassanal Mu’izzaddin Waddaulah, the Sultan and Yang Di-Pertuan (the Head of State) of Negara Brunei Darussalam during the declaration of independence of Brunei Darussalam on January 1, 1984. Prior to that, MIB could not be claimed as the national concept because it was never officially proclaimed as such by the authorities in Brunei. Thus, this begs the question of whether MIB traits existed before the proclamation, specifically before 1906. Hence, this study discusses how far these traits of MIB existed before 1906 and the function they have in the Brunei Malay Sultanate. The analysis will focus on the six aspects thought to be related to the traits of MIB, which are: the Malay race, the Malay language, the arrival and 2

influence of Islam, the monarchic institution, traditional customs and finally, the law. The period before 1906 was chosen because it was then that the British Resident System of administration was introduced and implemented in Negara Brunei Darussalam. A British Resident was appointed to assist Sultan Hashim Jalilul Alam Aqamaddin (1906-1924) in governing Brunei after the nation nearly ceased to exist caused by the presence of the Brooke family in Sarawak, and The Northern British Company in . In this administrative system, all the Resident's advice, except matters regarding to Islam, must be adhered to. Ever since the British Resident System was introduced in the state of Brunei Darussalam, public administration received an influence to modernize, and as a result the sultan's political power was slightly reduced. This is the scenario assumed to have caused differing concepts of MIB pre- and post-1906. 3

CHAPTER 2

THE RELATIONSHIP BETWEEN THE MALAY RACE AND MIB

'Melayu' (the ) as one of the components in MIB before 1906 will be analyzed from two perspectives: race and language. In terms of race, the Malays refer to the Austronesian group of people where the majority live in the Malay Peninsula, including regions in Southern Thailand, the east coast of , the coasts of Borneo, and the smaller islands that are located in between. Originally, the term 'Melayu' (Malay) is referenced in evidence from Indian, Chinese, local and western sources. The earliest Malay word was said to have appeared in an Indian source, an ancient book transcribed in Chapter 48 Vayu Purana1 as Malayadvipa, which

1 Currently, the book is considered a holy in the Hindu religion, which had been written before Gautama Buddha's period until the year 500 A.D. 4

literally means “Mountain Island”2, which was in one of the areas in the Eastern archipelago that produces a lot of gold and silver.3 However, the Indian source was a less explicit in identifying the exact location of this “Mountainous Island”. In contrast, the Chinese, local and western sources explicitly stated the location of the Malays. These sources clearly mentioned the existence of the word 'Melayu' in the Sumatran region. The Chinese source with the word 'Melayu', or transcribed as Mo-Lo-Yu, can be found in Yijing's (a Buddhist monk during the reign of the Tang ) written records. This monk visited the Malay Archipelago in the years between 688 and 695 A.D. He recorded about a Malay Kingdom in Jambi, Sumatra. This kingdom remained in existence between the 4th and the 13th century.4

2 Lallanji Gopal, (2000), The Economic Life of Northern India: c. A.D. 700– 1200. Motilal Banarsidass Publishers, p. 139. 3 Noriah Mohamed, (1999), Sejarah Sosiolinguistik Bahasa Melayu Lama (The Sociolinguistic History of the Ancient Malay Language.) Pulau Pinang: Universiti Sains , p. 23. 4 Ismail Hussein, (1984), Sejarah Pertumbuhan Bahasa Kebangsaan Kita (The History of the Growth of our National Language), Kuala Lumpur: Dewan Bahasa dan Pustaka, p.13; Pehin Jawatan Luar Pekerma Raja Dato Seri Utama Dr. Ustaz Haji Mohd Zain bin Haji Serudin, Anugerah Kefahaman Melayu Islam Beraja (Malay Islamic Monarchy: Gift of Wisdom), Bandar Seri Begawan: Dewan Bahasa dan Pustaka, p.51 5

On the other hand, through local sources, the word ‘Melayu’ was traced to have originated from the word Bhumi Malayu that was on the Padang Roco inscription dated 1286, which was translated by Slamet Muljana. Bhumi Malayu is believed to have been related to the Dharmasraya Kingdom which existed from the 12th to the 14th century. This kingdom is said to have existed in the West Sumatran region.5 Meanwhile, the earliest written local source to have recorded the word ‘Melayu’ was Sejarah Melayu (Malay Annals), which is a historical literature about the eras of the rise, the glory and the fall of the Malaccan Malay Sultanate, believed to have been written in the 14th century. This literature mentioned the word “Sungai Melayu” (Malay River) which refers to a place in Sumatra. Similarly, Chinese and western sources that recorded the existence of the word ‘Melayu’ can also be obtained in the Malay Peninsular. For instance, around the 13th century, a Chinese source recorded the word Ma-li-yu-er. The source was a chronicle of the Yuan Dynasty, said to have referred to the Malay race who lived in the Malay Peninsula. This race, which had a kingdom, was always attacked by the Sukhothai

5 Slamet Muljana, (1981), Kuntala, Sriwijaya Dan Suwarnabhumi (Kuntala, Sriwijaya and Suwarnabhumi). Jakarta: Yayasan Idayu, p. 223. 6

Kingdom during the reign of Ram Khamhaeng. The latter wanted to colonize the kingdom of the Malays.6 On the other hand, in the western source the word ‘Melayu’ can be seen in the word Malauir contained in the notes of Marco Polo (a merchant and an explorer from Venice, Italy in the 14th century). The notes referred to a place located in the Malay Peninsula.7 Hence, the term ‘Melayu’ had already existed even since the 6th century, explicitly referring to the group of the Malay nation living in the Malay World. Therefore, the existence of the Malay nation in this region, including in Brunei, is nothing new. It exemplifies ‘Melayu’, whether in terms of location or kingdom, as a trait of MIB and had long existed, even before the arrival of the Islamic influence to this nation.

6 Guoxue, Chronicle of Mongol Yuan; D.G. E. Hall, (1984) Sejarah Asia Tenggara (The History of Southeast Asia), Kuala Lumpur: Dewan Bahasa dan Pustaka, p.190. 7 Henri Cordier, (2009), Ser Marco Polo; Notes and Addenda to Sir Henry Yule's Edition, Containing the Results of Recent Research and Discovery. Bibliolife, p. 105; Thomas Wright, 2004, The Travels of Marco Polo, the Venetian: the Translation of Marsden Revised, with a Selection of his Notes. Kessinger Publishing, LLC, p. 364 – 365. 7

CHAPTER 3

THE ORIGIN OF THE MALAY RACE

Various views have been proposed by scholars about the origin of the Malay race, and each view contradicts the other which has created controversies. Robert Blust, a linguist, and Peter Bellwood, an archeologist, proposed an Out of Taiwan Theory in analyzing the origin of the Malay race. This theory, based on Formosan, a language spoken by a Taiwanese ethnic group, and evidence of antiquities in the form of neolithic artifacts found in the Philippines, brought forth the idea of migration from Taiwan to the Malay Archipelago or ‘Nusantara’.8 Blust concluded that the Austronesian language, which is part of the cluster of Polynesian Malay languages, originated

8 Peter Bellwood, (1997), Prehistory of the Indo-Malaysian Archipelago, Hawaii: Hawaii Unversity Press, p. 55-60. 8

from Taiwan based on the nine branches of the Austronesian language traced in the country. According to Blust, the Austronesian language spread to Southeast Asia and the Polynesian Archipelago through the migration of its speakers out of Taiwan at around 10,000 to 6000 B.C. This migration is believed to have bred the Polynesian Malays consisting of Malays, Ibans, , Kadazan-Dusun, Murut, Penans, Javanese, Bugis, Minangkabau, Kerinci and Pribumi (inlanders) in this region, as well as around the Pacific Ocean, which are inferred as having originated from Taiwan. However, Abdullah Jumain Abu Samah, a Malay linguistic lecturer who had once served in Universiti Brunei Darussalam, disagreed with this theory. He, in contrast, believed that the Polynesian Malays and their language did not originate from Taiwan, but from the Southeast Asian archipelago itself. He rejected this theory by listing evidence from different perspectives: language, paleontology, , genetic science and archeology. From the anthropological perspective, there exist differences between the family systems practised by the Taiwanese ethnic group and the one practised by the Austronesians in Southeast Asia and Polynesia. The family systems in Taiwan are unilineal, which includes patrilineal, matrilineal and ambilineal, whereas the family systems around 9

Southeast Asia and Polynesia are bilateral.9 Abdullah also concluded that it was impossible that the Austronesian community who is said to have migrated out of Taiwan, to completely abandon their family systems. He insisted that what actually happened was the other way round, whereby the Austronesian males from South East Asia were the ones who had migrated to Taiwan. They married the women on the island and later travelled back to Southeast Asia via the Philippines without ever reforming their family systems throughout the period.10 From the linguistic perspective, he stated that from the aspect of cluster, the similarities between languages categorized as Austronesian in Taiwan and South East Asia are not strange because the languages in both these

9 Even though the family system of the Minangkabau community is matrilineal which is similar to some ethnic groups in Taiwan, Abdullah insisted that there is strong evidence that there is no likeness or relationship between them. Abdullah Jumain Abu Samah, “Tanah Asal Etnik dan Bahasa Melayu- Polynesia: Dari Taiwan? (The Origin of the people and language of the ethnic Polynesian Malays: From Taiwan?)” Seminar paperwork organized by Institut Alam dan Tamadun Melayu (ATMA), Universiti Kebangsaan Malaysia, March 2011. online, 20 April 2011; Siti Madihah Ahmad Mahir, “Menyanggah Teori Melayu-Polynesia dari Taiwan (Refuting the Theory of the Polynesian-Malay’s origin from Taiwan),” Seminar paperwork organized by Institut Alam dan Tamadun Melayu (ATMA), Universiti Kebangsaan Malaysia, March 2011. Berita Harian online, 20 April 2011. 10 Abdullah's hypothesis is also supported by a genetic research which found that the males that migrated out of Taiwan have the male Y chromosome from the Southeast Asian archipelago, while the women have Mitichondrial DNA (mtDNA) of Taiwanese women. Ibid. 10

regions came from the same origin, which is a place in the south of .11 On the other hand, Bentian William defined the Malay race as the people who live in Southeast Asia and the islands around it. Their ancestors were from the Proto Austronesian, Proto Malay, Indonesian or Malayan races. These ethnic groups were believed to have originated from the Yunan province of Southern China. They travelled south through the Mekong River valley approximately between the year 2500 to 1500 B.C. Then they populated the Malay Peninsula, the Indonesian archipelago, Madagascar and the Eastern islands.12 This theory was supported by Hendrik Kern and Von Heine- Geldern. However, they proposed that there were two migrating groups which reached the Malay Archipelago from Yunan between those years. The first group is known as the Proto Malays and the second is called the Deutro Malays. When the second group reached Southeast Asia, they drove the Proto Malays away into the mountains and the jungles. The Proto Malays later formed the rural communities known as

11 Ibid. 12 Abdullah Zakaria, Azharudin Mohamed Dali, Azhar Mad Ros & Suffian Mansor, (2000), Sejarah Asia Tenggara, Asia Selatan dan Asia Timur (The History of Southeast Asia, South Asia and East Asia) 1800 – 1963, Shah Alam: Fajar Bakti, p.5; Benton William, 1969, “The Malay,” Encyclopedia of Britannica Vol.14, p.675. 11

Jakun, Mah, Meri, Jakut, Temuan, and Biduanda. The Deutro Malays, on the other hand, is said to have been the ancestors of the present Malay race.13 However, the western scholars’ theory stating that the Malay race in the Malay Archipelago originated from Yunan, China, were challenged and rejected by the Malay scholars. They found that there is no similarity between the languages and culture of the Malays in this region and the Chinese of Yunan. Moreover, archaeological findings have proven that the Malay race has been in the Malay World for approximately 30,000 to 35,000 years.14 In an even narrower definition, ‘Melayu’ or the Malays, implies the Islam as the defining religion because in the Malaysian Constitution, the Malays are referred to as the people who speak Bahasa Melayu (the Malay language), are Muslims, and practise the Malay way of life. Based on this definition, ‘Melayu’, or the Malays, are Muslims.

13 Abdullah Hassan, 1980, Linguistik Am Untuk Guru Bahasa Malaysia (General Linguistic for Malay Language Teachers), Kuala Lumpur: Fajar Bakti, p. 23-25; Abdullah Zakaria, Azharudin Mohamed Dali, Azhar Mad Ros & Suffian Mansor, (2000), Sejarah Asia Tenggara, Asia Selatan dan Asia Timur 1800 – 1963, ibid. p.5. 14 Wan Hashim Wan The, “Istana sebagai Pusat Perkembangan Tamadun Melayu (The Palace as the Centre of Development of the Malay Civilisation)” Prosiding Seminar Antarabangsa Kesultanan Melayu Brunei di Nusantara (International Seminar Proceeding of the Brunei Malay Sultanate in Nusantara), vol.I. Bandar Seri Begawan: Akdemi Pengajian Brunei UBD, 1996, p. 99 - 100. 12

To illustrate, in Sarawak, the Narom ethnic group, which is actually a division of the Kenyah subfamily, is known as ‘Melayu’, whilst the other Kenyah people of faiths other than Islam, are not referred to as ‘Melayu’. This is in contrast to Brunei which recognizes the Malays as stemming from seven ethnic clusters consisting of the Brunei Malays, , Belait, Tutong, Murut and Dusun. They are not necessarily Muslims. Therefore, the idea that the Malays are the original inhabitants of this region has a stronger basis. This in turn, clearly highlights the Malay component of the Brunei MIB traits, which has independently existed for the tens of thousand years.

The Brunei Malay Race The Brunei Malays are the original inhabitants of Brunei, regions in Sabah and Sarawak, and along the northern regions of Borneo Island because almost all the Malays living in , , Beaufort, , Lawas, Limbang and the Federal Territory of are of Bruneian descent. They live harmoniously with other ethnic groups despite having different religions and cultures. In Sabah and Sarawak, the origin of the Brunei Malays is 13

closely tied to the history of the Brunei Malay Sultanate. Before the arrival of the British in Sabah and Sarawak, both regions were the domain of the sultanate. Due to this, there are a lot of Brunei Malays living in Sabah and Sarawak. Sabah became separate from the Brunei Malay Sultanate on 11 August, 1865 when the American consul, Charles L. Moses obtained a land lease from Sultan , and similarly for Sarawak, when began to occupy it in 1846. It was followed by the Japanese occupation from 1941 to 1945, the British occupation from 1946 to 1963 and finally Sabah and Sarawak became part of Malaysia in August 1963.15

Bahasa Melayu (The Malay Language)

The Origin of Bahasa Melayu Bahasa Melayu is one of the most important subdivisions of the in the Malay Archipelago and has been the lingua franca in this region since the beginning of the first century. This can be proven through the notes of a Chinese monk, I Tsing, who arrived in Seriwijaya in 671 A.D. At that

15 Haji Awg Asbol bih Haji Mail, 2011, Kesultanan Melayu Brunei Abad ke-19: Politik dan Struktur Pentadbiran (Bruneian Malay Sultanate in the 19th Century: Politics and Administration Structure) Bandar Seri Begawan, p.129- 148 14

time, Seriwijaya was the centre of study for Buddhism as mentioned previously. The learning text they used were in Bahasa Melayu Kuno (Ancient Malay Language).16 Thus, in terms of language use which was Bahasa Melayu, the elements of MIB clearly in existed before 1906.

The Origin of Transcription Before the Malays learned of writing or any alphanumeric characters, communication was mostly oral. However, after they learned to use characters through the development of their , they started to utilize writing as a means of communication aside from oral interaction. The use of writing in the ancient Malay language is believed to have begun during the era of the Seriwijaya Kingdom. It is proven based on prasasti (stone transcriptions) written in the ancient Malay language, found in the Malay Archipelago such as in Kedukan Bukit, Talang Tuwo, Karang Brahi, Telaga Batu, Kota Kapur, Puas Pesemah, Boom Baru, Ligu, Chaiya and a few other

16 Nik Hassan Shuhaimi Nik Abd Rahman, “Melayu, Warisan Tamadunnya Pemangkin Pembinaan Melayu Mahawangsa (Malay, its Civilized Inheritence stimulates the Development of Great Malay),” Melayu Jurnal Antarbangsa Dunia Melayu (International Journal of the Mlay World), vol.5 bil.2 Dis.2006, p.60 – 61; Abdul Rahman Haji Abdullah,(1985), Asia Tenggara Tradisional (Traditional Southest ), Kuala Lumpur: Teks Publishing Sdn Bhd, p.30-31; Noriah Mohamed, (1999), Sejarah Sosiolinguistik Bahasa Melayu Lama (The Sociolinguistic History of Ancient Malay Language', p.47-53. 15

places. Most of these transcriptions were dated in the 7th and 8th century.17 The kingdoms and inhabitants of the Malay Archipelago continued to use the Malay language as the communicative language between kings, and between kingdoms. The Malay language later developed in line with the progression of the Malay civilization. It became the language for knowledge, not only in the arts and literature, but also in the religion that gave rise to famous authors such as Hamzah Fansuri, Nuruddin Al- Raniri, Abdul Rauf Singkel, Bukhari Al-Jauhari, Tun Sri Lanang, Raja Haji and Pengiran Shah Bandar Muhammad Salleh. Nevertheless, after the arrival of the western colonists in the Malay states in the 19th century, western influences were set in the usage of the language and the administration of the Malay government. An example of western influence on writing were the use of the romanised characters. The usage of the romanised characters had existed in the year 1516, but only became more influential and prominent in the 19th century.

17 Ibid. 16

The Language of the Bruneian Malays As a part of the Malay race in the Malay Archipelago, the Bruneian Malays are speakers of the Malay language. As to when the language began to be used by the Bruneian Malays, it could not be ascertained. Nevertheless, the language is believed to have been used for generations by the people in this country, since the Jawi inscription is believed to have been used as early as the 11th century. The use of Jawi on tombstones in Brunei in 1048 (440 Hijrah), and in Acheh in the year 1062, proves this. Furthermore, Jawi inscriptions have also been found on a coin in , dated 1161 (557 Hijrah), the famous Batu Bersurat Terengganu (Inscribed Stone of Terengganu) dated 1303 (702 Hijrah), and the tomb of Sultan Abdul Majid Ibni Muhammad Shah’s princess in Brunei, dated 1408. It has been proposed that from the Batu Bersurat Trengganu, the use of Jawi developed significantly in the region. Jawi was used in the Malay language with some adaptations from the characters. In relation to this, Sayid Muhammad Naguib al-Attas asserted that the arrival of Islam brought the Arabic writing system along with it, which later became a Malay inscription system with a few additional specialized characters adapted to the language. This adapted Jawi writing system was the tool that united the Malays 17

throughout the Malay Archipelago, with Islamic transcriptions that brought the elements of nationalism and intellectualism into the different levels of the Malay community.18 Aside the aforementioned tombstones as evidence, the use of the Malay language in Brunei became more significant in the year 1578, when Dr. Francisco de Sande, the Spanish Governor in then, wrote a letter in the Malay language using Jawi. The use of the Malay language continued until the year 1905, when the English engaged in a trading relationship with Brunei. All the documents of treaties in these engagements were written in the Malay language.19 From the archeological perspective, the use of the Malay language on the inscribed stone that recorded the Historical Lineage of the Kings of Brunei, written in Jawi, along with old manuscripts such as religious books, folk stories and literature, law and others, are also evidence that the use of Jawi in the Malay language has long existed in this country.20 Thus, this indicates that the use of the Jawi is nothing strange in the Brunei MIB traits prior to 1906.

18 Syed Muhammad Naguib al-Attas,(1972), Islam dalam Sejarah dan Kebudayaan Melayu (Islam in the Malay History and Culture), Bangi: Universiti Kebangsaan Malaysia, p.3, 22. 19 “Peranan Bahasa Melayu dalam mendukung Konsep Melayu Islam Beraja” (The role of the Malay Language in supporting the Malay Islamic Monarchy concept), Beriga, January-Mac, 1991, p. 69. 20 Ibid. 18

CHAPTER 4

ISLAM AND ITS RELATIONSHIP WITH MIB

Islam as a component of Brunei Darussalam's MIB is also nothing new. It has existed and played its role even before 1906. In its initial stage, Islam as a religion was slowly spread by Prophet Muhammad Sallallahu Alaihi Wassalam (peace be upon him- pbuh) in the 7th century. He (pbuh) succeeded in uniting the Arab nation under the Islamic banner until it became a very strong community and reached a peak in civilization. Islamic Syi'ar (the greatness of Islam) later also developed and spread to the Malay World.21 According to Dr. Hamka, the establishment of Islam in the

21 Pehin Orang Kaya Ratna Diraja Dato Seri Utama Awang Haji Mohd. Zain bin Haji Serudin, (1983), Masuknya Islam dan Kesan-kesannya di Brunei (The Arrival of Islam and its Effects in Brunei), Bandar Seri Begawan: Jabatan Hal Ehwal Ugama (Religious Affairs Department). p. 1. 19

Malay states is special in its own right, as it was achieved through peaceful means and in done stages, without violence and was in fact, willingly accepted by the locals little by little. The Arab nation is said to be the pioneers to bring Islam to the Malay states in the 7th century, including Brunei. However, there were some who believe that Islam was spread in the Malay World by the Indians and the Chinese. Amongst the earliest reports on the arrival of Islam in Brunei being through the arrival of Muslims, was recorded by a Chinese source in 977 A.D., whereby Raja Puni (Brunei) sent a messenger to China, led by Pu Ya-li (Abu Ali), Shih Nu (Sheikh Noh) and Qadhi Qasim with a letter and presentation of Bruneian goods and products. When the Brunei delegation reached China, they were housed at the Guest Chambers, which were prepared especially for delegates. From the list of Brunei delegates, it could be seen that that they were Muslims. This indicates that a Muslim community already existed in Brunei in the 10th century. Hence, it was possible that some of the locals who had embraced Islam at that time, especially the commoners, did so due to the teachings of foreign missionaries.22

22 Pengiran Dato Seri Setia Dr. Haji Mohammad bin Pengiran Haji Abd. Rahman, (2005), “Kemasukan Islam ke Brunei Darussalam dan Undang- Undangnya (The Arrival of Islam in Brunei Darussalam and its Laws),” Sejarah 20

However, there is no exact date stating the time Islam reached Brunei. Nevertheless, the first king of Brunei who embraced Islam was Awang Alak Betatar, after his marriage to a Johore princess in 1368. After he became a Muslim, he was known as Sultan Muhammad Shah (1363-1402).23 The Islamization of the inhabitants of Brunei was previously assumed to be in slow progression, but as soon as Awang Alak Betatar embraced Islam, he was soon followed suit by the aristocracy and commoners of Brunei in large scale. The story of Sultan Muhammad Shah receiving the Islamic shari’a (law) has been recorded in the Historical Lineage of the Kings of Brunei as follows:

“First and foremost, the government of Brunei upholds Islamic law according to the shari'a brought by our Prophet Muhammad Sallallahu Alaihi Wassalam in the state of Brunei, which is governed by Paduka Sultan Muhammad” 24

Penubuhan Mahkamah Syariah Negara Brunei Darussalam (The History of the Establishment of Brunei Darussalam's Syariah Court), Bandar Seri Begawan: Jabatan Kehakiman Negara (The National Jurisdiction Department), Jabatan Perdana Menteri (The Prime Minister Department). p: 4. 23 Pehin Orang Kaya Amar Diraja Dato Seri Utama (Dr.) Haji Awang Mohd. Jamil al-Sufri, (1990), Tarsilah Brunei Sejarah Awal dan Perkembangan Islam (Tarsilah Brunei: The Early History and Development of Islam), Bandar Seri Begawan: Jabatan Pusat Sejarah (The History Centre Department). p: 35-43. 24 Ibid. p, 82. 21

Western orientalists believed that Islam did not reach Brunei in the 14th century, but in the 16th century, which was after Malacca fell to the Portuguese in 1511. In tandem with the reception of Islam, the Brunei Malay Sultanate was established. This government later took over the role of Malacca as the centre of trade and Islamic da'wah (missions). These are amongst the views suggested by K.G. Tregonning, D.G.E. Hall, J.F. Cady, N. Tarling and Robert Nicholl.25 However, these views are still refuted by local scholars because in their opinions, the western scholars only looked at foreign sources without referring to local sources, such as the dates on tombstones which strongly prove that the arrival of Islam was long before the 16th century. The Brunei Sultans who were deeply faithful to Islamic shari'a (law) not only caused the religion to spread widely amongst the locals, but also to Borneo Island especially in Sabah, Sarawak and the Philippines especially in the 16th century. After the demise of Sultan Muhammad Shah, the throne of the Brunei government was succeeded by his brother,

25 Matusin Omar, “Islam di Brunei: Dari Perspektif Akiologi (Islam in Brunei: From the Archeological Perspective),” Karya, Persatuan Asterawani, jl.1 no.1 1979, p. 7. 22

which was Sultan Ahmad (1426 -1432). When he passed away, the throne was awarded to his son-in-law, Sultan (1425-1432) an Arab missionary from Taif, a descendant of Prophet Muhammad (pbuh). With his capabilities in the administrative field, and deep religious knowledge, along with his position as someone who married a Bruneian princess and was later appointed as the third Sultan of Brunei, Sultan Sharif could easily spread Islam in Brunei. He contributed in upholding the teaching and the practice of Islam in Brunei significantly, for example, in building and later, in determining the direction of qiblah (Makkah).26 The role that Sultan Sharif Ali played was not limited to being the leader of the nation, but he was also a missionary who conveyed the teachings of Islam to the locals in Brunei through education. Sultan Sharif Ali was said to have upheld Islamic shari'a (law) by introducing the Islamic laws in steady stages as the Bruneian way of life to replace the traditional customs that did not conform to Islamic teachings. His efforts in building mosques gives the impression that the number of Muslims at

26 Pengiran Dato Seri Setia Dr. Haji Mohammad bin Pengiran Haji Abd. Rahman, (1992), Islam di Brunei Darussalam (Islam in Brunei Darussalam), Bandar Seri Begawan: Dewan Bahasa dan Pustaka, p.92. 23

that time was growing to the extent that they needed more mosques to be the specific place to pray and practice the teachings of Islam. The rapid missionary movement carried out by Sultan Syarif Ali made him famously become known as “Sultan Berkat (the Blessed Sultan)”. The blessings were not for him alone, but for the whole country because Brunei stepped forward to lead the responsibility to be “the torch of Islam that lights its surroundings”.27 The efforts started by Sultan Sharif Ali were continued by the following sultans of Brunei who succeeded him in upholding and spreading Islam within and outside Brunei. This shows the element of Islam in MIB which had previously existed and continued until 1905, which were spearheaded by the sultans of Brunei. Historians suggested that the era of glory for Brunei after Sultan Sharif Ali was during the reign of Sultan Bolkiah (1485-1524) and Sultan (1582- 1598).28

27 Pengiran Dato Seri Setia Dr. Haji Mohammad bin Pengiran Haji Abd. Rahman, (2007), Islam di Brunei Darussalam: Zaman British (1774-1984) (Islam in Brunei Darussalam: The British Period 1774-1984), Bandar Seri Begawan: Dewan Bahasa dan Pustaka, p. 100. 28 Pehin Datu Seri Dato Paduka Seri Setia Dr. Ustaz Haji Awg Abdul Aziz bin Juned, (1992), Islam di Brunei Zaman Pemerintahan Kebawah Duli Yang Maha Mulia Paduka Seri Sultan Haji Hassalan Bolkiah Mu’izzaddin Waddaulah, Sultan dan Yang Di-Pertuan Negara Brunei Darussalam (Islam in Brunei during the Reign Period of His Majesty Paduka Seri Sultan Haji 24

The glory of Sultan Bolkiah’s reign is proven by his success in dominating the entire Borneo Island to the South of Philippines. In this context, not only did he dominate these regions politically, but at the same time, he also spread the Islamic da'wah to the inhabitants in his colonies. However, after his reign, especially during the period of Sultan Saiful Rizal (1533-1581), the spread of Islam was challenged by the arrival of the Spanish in the Philippines with its 3G motto, gold, glory and god. They took control Manila in 1572 and succeeded to force many inhabitants to embrace Christianity. The Spanish colonists tried to stop the Brunei Muslim missionaries from coming to the Philippines, so that they instead could spread Christianity to the people in Brunei. This is clearly illustrated when the Spanish Governor in Manila, Dr. Francisco de Sande wrote a letter to Sultan Saiful Rizal to stop the Brunei Islamic mission work in the Philippines despite Brunei’s role as the centre of Islamic development in the region to the north of Borneo at that time. This role was mentioned in the reports written by a few Spaniards in the Philippines, such

Hassalan Bolkiah Mu’izzaddin Waddaulah, Sultan and Yang Di-Pertuan Negara Brunei Darussalam), Vol. 1, Bandar Seri Begawan: Executive Committee for the Silver Jubilee of Kebawah Duli Yang Maha Mulia Paduka Seri Sultan Haji Hassalan Bolkiah Mu’izzaddin Waddaulah, Sultan of and Yang Di-Pertuan Negara Brunei Darussalam in Ascending the Throne, p.xxxll, xLvlll. 25

as Joan Ocho Ftabudo's report in April 1578 which mentioned that Islam spread to Balayan, Manila, Mindoro, Bonbon and areas which were near to the central government of the Brunei kingdom. The growth of Islam in the aforementioned region was not only due to the missionary work, trade and migration, but also through marriages.29 This was as mentioned by Antonio de Morga (who was in the Philippines in 1595 – 1603) as follows:

... years before the Spanish reached Luzon Island (1565), the Bruneians have long come to Luzon to trade, especially in the villages in Manila and Tondo. Some of them had married the people who lived there. 30

This scenario showed that the elements of MIB through Islam were not only carried out by the sultans, but was also strongly supported by the Brunei missionaries. They brought the Islamic mission beyond the region of the central government of the Brunei Kingdom. The Spanish perceived the Brunei Malay Sultanate not only as a threat to its political influence, but also to its religious

29 Ibid. xxxxlx - xL 30 Ibid. 26

mission. They viewed Islam as a deviant cult. Thus, the Spanish intended and planned to conquer Brunei to stop the threat. The opportunity came when there was a dispute amongst the Brunei royalties, on one side were Sultan Saiful Rizal and Pengiran Bendahara Sakam, and the other, Pengiran Seri Lela and Pengiran Seri Ratna. Spain’s plan to attack Brunei came to the knowledge of Pengiran Seri Lela and Pengiran Seri Ratna. They took the opportunity for revenge towards the sultan and Pengiran Bendahara Sakam. Hence, they secretly went to Manila to create a pact with the Spanish to help from within when Spain attacked Brunei. In return for his assistance, Pengiran Seri Lela was promised the appointment as the sultan, while Pengiran Seri Ratna was to be appointed Pengiran Bendahara (Prime Minister). Finally, in 1578, the Spanish armada, led by Dr. Francisco de Sande made their way to attack Brunei's capital city. It successfully defeated the Brunei army with the assistance of Pengiran Seri Lela and Pengiran Seri Ratna from within. However, the Spanish occupation lasted for only 72 days. They were forced to leave when many amongst their soldiers fell ill. It was due to the Brunei army’s counter attack, led by Pengiran Bendahara Sakam, where they spiked the Spanish soldiers' water source with poison. Hence, Brunei was saved from the 27

Spanish threat and at the same time, it saved the MIB traits which had become culturally ingrained in the Brunei community. The glory of the Brunei kingdom resurfaced during the reign of Sultan Muhammad Hassan. As with Sultan Bolkiah, he also engaged in colonization. According to Pengiran Sabtu Kamaluddin’s version of the Silsilah Raja-Raja Brunei (the Historical Lineage of the Kings of Brunei), the regions which were under Brunei's domain at that time was; “a term into the remote regions, a term into the west of Brunei heading towards Sarawak until Tanjung Datu and onwards to Tanjung Batu Berpayung and a term into the west side of East Brunei through the region heading to , , until Sibuku, Tanjung Kinungan as well as all the islands and the sea were owned by the Kings of Brunei”. Meanwhile, Datu Imam Yaakub’s version of the Silsilah Raja-Raja Brunei stated that the states of Suluk, Saludang (Luzon) and Cagayan were the domain of Brunei and thus they paid tribute annually. The campaign to expand political power during Sultan Muhammad Hassan’s reign was accompanied with efforts to spread and instill Islamic teachings in the regions he conquered. Spanish reports made in 1588 recorded that during his reign, Brunei missionaries were active in Sulu, Cuyo, Keraian and 28

Mindanao. For example, some Bruneians, together with the local Muslims constructed mosques and religious schools for them to recite and learn the Qur'an.31 The greatness (light) of Islam as one of the MIB traits before 1906 persevered and developed, not only due to the wisdom of the sultans of Brunei, but also, the strong support by foreign and local missionaries through the strength of the Islamic education system. Education was made available throughout all levels of society. Islamic education no longer centred around the palaces or the home of the elite, but was then also available at mosques, smaller prayer halls, religious assembly halls as well as the homes of the religious teachers. As with Rasulullah s.a.w’s time, the construction of the Islamic government in Madinah began with Masjid Al- Nabawi which was perceived as the pulse of a strong Muslim community and the first Islamic nation; it was the centre of unity and the symbol of the strength of Islam.32 This tradition has been applied by all his (pbuh) followers such as the missionaries responsible in spreading Islam worldwide,

31 Ibid. p. xLvlll – L. 32 Dato Paduka Seri Setia Prof. Dr. Haji Awg Mahmud Saedon bin Awg Othman, (1996), Masjid, Fungsi dan Peranannya (Mosques, their Functions and Roles), Bandar Seri Begawan: Jabatan Hal Ehwal Masjid (Department of Mosque Affairs), Kementerian Hal Ehwal Ugama (Ministry of Religious Affairs). p. 11. 29

including to Brunei. The mosque which was originally built during the reign of Sultan Sharif Ali appeared to have remained in existence until some time before 1906. Spencer St. John stated in his report that in 1836, several mosques were found to have already existed.33 It was also mentioned in the report that the Brunei Muslim community at that time performed religious activities here, such as ‘Tariqat Samaniyah’ and others.34 Islamic religious education is an educational system which teaches religious aspects such as Quran recitation, principles of Islamic law, Islamic history, tawheed (the concept of monotheism) and adab (Islamic etiquette). The objective of Islamic education is to produce Muslims who have a strong faith in Allah so that they will achieve a contented life not only on earth, but more importantly, in the hereafter. Those who object the existence of life in the hereafter perceive that this kind of belief is an illusion and not acceptable to human rationale. However, to the Muslims, it must be believed and it definitely exists since it is there where every human will truly

33 Spencer St. John, 1986, Life in the Forest of the , Travels in Sabah and Sarawak in the 1860, Singapore: Oxford University Press, p. 275. 34 Haji Ismail bin Haji Abd Manap, “Masjid Wadah Kepimpinan Raja: Pengamalan Negara Brunei Darussalam (Mosques as the Platform of the King's Leadership: the Practices in Brunei Darussalam)” Seminar on the Mosques in Brunei Darussalam, organized by the Department of Mosque Affairs, Ministry of Religious Affairs, 2004. p. 7. 30

be judged and all actions done on earth weighed and evaluated. Researchers believed that before 1906, the Islamic education system in Brunei started simultaneously with the Islamization of the people in Brunei. This scenario did not only happen in this country, but also happened in other states in the Malay World such as in , the Malay Peninsula and the Philippines. Education is the best catalyst to spread and convey the teachings of Islam to its believers.35 Therefore in Islam, seeking religious knowledge is made obligatory onto its believers to increase their feelings of taqwa (consciousness of Allah) and strengthen their faith in Allah. Nevertheless, seeking worldly knowledge is just as important for the well- being of all Muslims in this life on earth according to Islam. In the early period after the arrival of Islam in Brunei, Islamic education was believed to have been imparted by the foreign missionaries who visited the country. They were either

35 Ismail Hamid, (1986), Perkembangan Islam di Asia dan Alam Melayu (The Development of and the Malay World), Kuala Lumpur: Heinemann (Malaysia) Sdn. Bhd. Kuala Lumpur, 1986, p.170; Sufean Hussin, (1993), Pendidikan di Malaysia: Sejarah, Sistem dan Falsafah (Education in Malaysia: The History, System and Philosophy), Kuala Lumpur: Dewan Bahasa dan Pustaka, p.2; Pehin Jawatan Luar Pekerma Raja Dato Seri Utama Dr. Ustaz Haji Mohd Zain bin Haji Serudin, “Pandangan Islam mengenai Pendidikan (The Islamic Perspective of Education).” Education Seminar paperwork organized by the Brunei Malay Teachers Association, 30 October – 1 November 1981, p.22. 31

Arab, Persian or Indian missionaries. After the locals acquired religious knowledge, they also played a role in imparting the teachings of Islam to the Brunei community, alongside the foreign missionaries. The local missionaries acquired their religious knowledge from foreign missionaries to Brunei, but some actually ventured overseas for the sake of furthering their knowledge in the religion. They taught the local community the principles of Islam that are easily understood, such as Fardh 'Ain (religious tasks required of a Muslim), the pillars of Islam, the pillars of faith (iman), the important days in Islam, and the recitation of the holy Quran.36 These educational activities were initially held in private homes, but in time, after more and more people embraced Islam, they were no longer suitable as centres of Islamic educational activities. Hence, places such as a balai37, prayer

36 Dato Paduka Seri Setia Prof. Dr. Haji Awg Mahmud Saedon bin Awg Othman, (2003), Jejak-jejak (Traces), Bandar Seri Begawan: Akademi Pengajian Brunei, Universiti Brunei Darussalam, p. 284; Pehin Jawatan Luar Pekerma Raja Dato Seri Utama Dr. Ustaz Haji Mohd Zain bin Haji Serudin, “Pandangan Islam mengenai Pendidikan (The Islamic Perspective on Education).” ibid. p.22. 37 There are four definitions of 'balai' according to the Malays in Brunei. Firstly, a balai is a place to store fishing equipment such as balat, tugu, jala, pukat and lukah (fishing nets and traps). It functions as a storage room. Secondly, a balai is a place to have a small industry workshop to weave and produce fishing equipment, to make boats or to process mangrove wood to be made into firewood for cooking. Thirdly, a balai is a place to study silat or martial art. Finally, a balai is a place to learn and conduct religious activities. 32

halls and later on, mosques were established. Nevertheless, activities to impart Islamic education in private homes still continued in Brunei. It became more prominent nearing the 19th century. An ’ (a religious scholar) from , Dato Ahmad bin Haji Abdul Latif, set residence in Brunei. He was believed to have migrated to Brunei during the reign of Sultan Abdul Momin (1852-1885). When he reached Brunei, he stayed in Kampong Air, at a place called Kampong Burung Pingai. After the people of Kampong Burung Pingai discovered that Dato Ahmad was knowledgeable in the religious field, they requested him to be their religious teacher. Dato Ahmad then used his home as a centre of Islamic educational activities. Dato Ahmad was famed throughout the surrounding villages as a skillful religious teacher. They were attracted to seek religious knowledge from Dato Ahmad. Due to his sound religious knowledge, Sultan Abdul Momin later appointed him

Balais such as these are generally owned by scholars who are Pehin-pehin Manteri Agama (titled religious ministers). Thus, the final definition is used in this discussion. Interview with Haji Kassim bin Serudin, aged 82. The interview was conducted in his home in Kampong Setia “B”, a village in Kampong Air in Brunei. Also see, Abdul Latif bin Haji Ibrahim, Peranan rumah- rumah perkumpulan dalam masyarakat Melayu Brunei (The roles of clustered homes in the Bruneian Malay communities), in Iktisar budaya, Dewan Bahasa dan Pustaka, Brunei, 1982, p. 83.; Haji Awg Asbol bin Haji Mail, (2010), Sejarah Perkembangan Pendidikan di Brunei 1950 – 1985 (The History of Educational Development in Brunei), Bandar Seri Begawan: Pusat Sejarah Brunei (Brunei History Centre), p.18. 33

as an officer overlooking the development of Islam in Brunei (Pegawai Perkembangan Agama Islam). Aside from him, Tuan Imam Abdul Rahman bin Awang Matserudin (1872-1945) in Kampong Bukit Salat38, also made his home a centre of Islamic educational activities. Because more and more students sought religious education at the homes of the Brunei scholars at the end of the 19th century, their homes were no longer suited to function as centres of Islamic educational activities. Hence, new buildings were needed to cope with the increasing number of students. As a result, some of them constructed purpose-built structures to teach Islamic knowledge to their students, known as a balai. This was done by Pehin Khatib Muhammad bin Hassan (1860- 1941), when his house in Kampong Lurong Sikuna, which had been the centre of Islamic educational activities, could no longer cope with his increasing number of students. To solve the problem, he finally built a balai. This was where he could teach his students better. The same thing had been done by

38 Simat bin Angas, Suhaili bin Haji Hassan & Haji Ismail bin Ibrahim, (1992), Tokoh-Tokoh Agama di Brunei Darussalam: Pengenalan Ringkas (Religious Figures in Brunei Darussalam: A Short Introduction), Bandar Seri Begawan: Jabatan Muzium Brunei (Brunei Museum Department), p.15, 31-32; Hajah Joriah binti Haji Metali, “Dato Haji Ahmad,” Pusaka (Inheritance), Berita Jabatan Pusat Sejarah Brunei (Brunei History Centre Department's News), vol.1, 1988, p.63. 34

Pehin Datu Imam Abu Bakar bin Abdul Rahman (1880-1937), in Kampong Kianggeh which was situated in Brunei town.39 Some other Religious Ministers (Pehins) also had their own balai. The balai was not only found in Kampong Air (the water/floating villages), but was also available on land. It played a role in spreading Islamic knowledge in Brunei that it led to supporting MIB traits prior to 1906, similar to the role of pondok in the Malay Peninsula and pesantren in Indonesia.40 This balai education system did not have any materialistic agenda at all. The scholars, as teachers, expected no materialistic compensation from the students. It was left to the students whether to contribute anything or not. This indicated that the scholars who taught religious knowledge was rendering their services for Allah alone, and not for any other incentives. According to Mahmud Saedon, the balai education system in Brunei contributed significantly in producing local scholars who were highly knowledgeable in fiqh in the Malay language,

39 Simat bin Angas, Suhaili bin Haji Hassan & Haji Ismail bin Ibrahim, (1992), Tokoh-Tokoh Agama di Brunei Darussalam: Pengenalan Ringkas (Religious Figures in Brunei Darussalam: A Short Introduction), ibid., p.21, 28, 50. 40 Dato Paduka Seri Setia Prof. Dr. Haji Awg Mahmud Saedon bin Awg Othman, (2003), Jejak-jejak (Traces), p.285. 35

in accordance to Mazhab Syafiee.41 The role of balai as an educational institution slowly became less significant and later became extinct when Islamic religious education was taught in schools, especially with the appearance of the Elementary Religious Schools (Sekolah Agama Rendah) in 1956. This showed that Islam as part of the MIB traits before 1906 had already existed and developed since Awang Alak Betatar embraced Islam. The subsequent Sultans of Brunei continued to play a significant role in spreading the glory of Islam, supported strongly by foreign and local missionaries, who imparted the teachings of Islam to every level of society in Brunei.

41 Ibid. hlm, 286.

36

CHAPTER 5

THE MALAY MONARCHIC INSTITUTION

The MIB traits before 1906 can be traced to the appearance of the Brunei monarchic institution in terms of the king's role as the highest power in the country’s administration. The historical period of the Malay race and language can be assumed to have started as soon as the term ‘Melayu’ was used, regardless of what or how the form was. However, based on historical evidence, in the earlier stages, the term ‘Melayu’ was not specifically related to the race, but to a concept which was recognized as the government, or kingdom.42 The term government in the Malay World is synonym to the term ‘nation state’ which had been introduced in the Western Europe, such as in Spain and Portugal in the 15th

42 Noriah Mohamed. Sejarah Sosiolinguistik Bahasa Melayu Lama (The Sociolinguistic History of the Ancient Malay Language, p.21. 37

century and was later emulated by countries such as France and .43 In the “traditional government” the highest ruling power is held by the king and aristocracy. The government’s bureaucracy would usually consist of a select group of people who were appointed according to their lineage, and not selected amongst commoners. In the old days, it was assumed that the people would always be protected by the king and aristocracy, and thus commoners need not involve themselves in political matters.44 The concept of king itself, in the context of the Malays, is based on Hindu traditions. The Hindus from India believed that a monarch was the result of God's incarnation. Stemming from this, when Islam was introduced to the traditional Malay kingdoms, the new religion continued to allow for a local monarchic system where kings were endowed with a form of (supernatural) power, called ‘daulat’.45 However, they were no longer perceived as God's incarnation as was in the period of Indian influence, but as the representative of Allah on earth. Chinese records mentioned the existence of Malay

43 Ibid. 44 Ibid. 45 Ibid. hlm.22 38

kingdoms since the beginning centuries A.D., which began from Peninsular Indochina reaching the entire Peninsular Malayan east coast, Sumatran east coast, Borneo and . In Peninsular Indochina, the Funan Kingdom appeared, according to Chinese records, in the early first century until 550 AD. This government existed for about five centuries and conquered the areas along the Mekong River in the north, until the Tonel Sap Lake and south towards the areas along the Kra Isthmus with its capital city in Vyadhapura.46 On the other hand, the kingdom established by the Malay ethnic cluster that survived the longest in Peninsular Indochina was the Champa kingdom or in the Chinese records, known as Lin Yi which was established in the second century and survived until the mid 15th century.47 Records by Chinese and Arab explorers and traders also mentioned of a few city-states that existed along the Kra Isthmus since the fifth century such as Pan-Pan, Tunsun, Kalah, Katha (Kedah), and Tambralinga (Ligor).48 However,

46 P. Wheatley, 1964, Impressions of the Malay Peninsula in Ancient Times, Singapore: Donald Moore/Eastern University Press, Singapore, hlm. 41-51 47 Wan Hashim Wan Teh. “Istana sebagai Pusat Perkembangan Tamadun Melayu (Palaces as the Centre of Development of the Malay Civilization),” p. 100. 48 Ibid. 39

one of the most important kingdoms was or Lang- ya-hsiu which is believed to have been established in the mid second century and lasted until the 13th or 14th century. In addition, another most important Malay kingdom in the east coast of the peninsula was Patani. Along the east coast to the south of Pattani, a few ancient Malay kingdoms have been traced to have existed through various documents and historical evidence, amongst which was the kingdom of Tanah Merah (Old Kelantan). Both Malay states, Terengganu and Pahang also had people who were capable of establishing their own kingdoms before the appearance of the Malaccan Empire in the 15th century. Around the Straits of Malacca, along the east coast of Sumatra, there existed ancient kingdoms such as Jambi Malay and Seri Wijaya which lasted from the 7th to the 14th centuries.49 On Java Island, there were a few old kingdoms such as Jawadwipa, Demak, , Padjajaran, and others. Majapahit illustrated its might and superiority in 1377 when its soldiers attacked the Seri Wijayan fort in Sumatra that caused

49 Ismail Noor & Muhammad Azaham. (2000). Takkan Melayu Hilang di Dunia (Never Shall the Malays vanish from the Earth), Petaling Jaya: Pelanduk Publications, Selangor, p.3-4 40

the fall of the latter kingdom.50 Majapahit later succeeded in forming an empire that conquered a few states, including Brunei. Among the early Malay kingdoms outside the Malay Peninsula was the Kingdom of Brunei, which was known by its original name Ye-po ti or Po-li and later on, Po-ni or Po-lo. According to Chinese records, the early Brunei kingdom once sent a messenger to China in the seventh century.51 The appearance of scores of ancient Malay kingdoms up until the existence of the Malaccan kingdom showed that the Malays who inhabited the Malay World, were successful in developing their by governing kingdoms that have its own systems of economy, politics, culture and constitution.52 In this sense, it is clear that the component of king in the Brunei MIB long existed in Brunei society, which has been the basis of the existence of the monarchic institution.

50 Pengiran Dato Seri Setia Dr.Haji Mohammad bin Pengiran Haji Abd Rahman, (2001), Islam di Brunei Darussalam (Islam in Brunei Darussalam), p.5 51 Ibid. p.1 52 Wan Hashim Wan Teh, “Istana sebagai Pusat Perkembangan Tamadun Melayu (Palaces as the Centre of Development of the Malay Civilization),” p. 102. 41

CHAPTER 6

THE BRUNEI MONARCHIC INSTITUTION

Since the time Awang Alak Betatar embraced Islam in 1368, MIB traits became more prominent in Brunei Darussalam. Although the Brunei Malay Sultanate had been acknowledged as one of the kingdoms that has existed for a long time, researchers have yet to identify the exact time it was found and established as a political unit. Based on a Bruneian Malay epic, Syair Awang Semaun53 the tribe

53 Cerita Awang Semaun (The Story of Awang Semaun) was not just famous amongst the Bruneian Malay community. It is also prominent amongst the other communities in the northern Borneo, such as the Kedayan, and Murut communities. Jawi manuscript Syair Awang Semaun No. 000057 in the safekeeping of Dewan Bahasa dan Pustaka Brunei; also look at, Syair Awang Semaun. BM/31/1975 kept by Jabatan Muzium Brunei (Brunei Museum Department), p.4; D.E. Brown, ‘Hiranyagarbha the Hindu Cosmic Egg and Brunei’s Royal Line.’ Brunei Museum Journal. Vol.IV No.4 1980, p.30; Pengiran Dato Seri Setia Dr.Haji Mohammad bin Pengiran Haji Abd Rahman, (2001), Islam di Brunei Darussalam (Islam in Brunei Darussalam), p.16; and Abdul Hamid Jaludin, “Syair Awang Semaun sebagai Epik Bangsa Melayu Brunei. 42

which are led by Pateh Berbai, the brother of Awang Alak Betatar, was the first person to have found Brunei.54 Awang Alak Betatar who was appointed as the king of Brunei, was crowned not because he was the first-born child, but was said to be handsome and charismatic. He was the first ruler of Brunei to embrace Islam and was later known as Sultan Muhammad Syah (1363-1402)55. With his Islamization, the

(Awang Semaun’s Poetry as an Epic of the Brunei Malays)” A thesis for Masters in Literature, the Department of Malay Studies, Malaya University 1995/1996, p.72. 54 The origin of the word 'Brunei' has been related to the words 'Varuni', 'Bhurni', 'Baru nah' and 'Waruni'. Varuni was taken from a Sanskrit word which means the seafarers. Muller, a western scholar, also stated that Bhurni too, originated from the aforementioned word which means the earth soil, or state. Baru nah on the other hand, was an utterance of the followers of Pateh Berbai when they found a place suitable to set up a state. Meanwhile, Waruni means containing everything, or the Sea Goddess. “The Geographical Group of Borneo, General Considerations on the Island,” The Journal of the Indian Archipelago and Eastern Asia. Singapore Vol.II 1848, p.365; Sanib Said, “Sejarah Kesultanan Brunei: Menginsafi Melayu Islam Beraja (MIB) (The History of the Brunei Sultanate: A Retrospect of Muslim Malay Monarchy),” Janang. Warta (News), the Academy of Brunei Studies, Universiti Brunei Darussalam, No. 2 Mar 1994, p.113; Abdul Latif Haji Ibrahim, ‘Sejarah dan Tradisi di Brunei: Masalah Pembentukan Semula (History and Traditions in Brunei: Challenges in Rebuilding).’ Paperwork for Brunei History Seminar, held by the Brunei Department of History Centre, 28-30 August 1989, p.3. 55 Pehin Orang Kaya Amar Diraja Dato Seri Utama (Dr.) Awg Haji Mohd Jamil Al Sufri, Chatatan Sejarah Perwira2 dan Pembesar2 Brunei (Historical Records of Brunei Heroes and Aristocrats). vol.1 Bandar Brunei: Dewan Bahasa dan Pustaka, 1971, p.12; Matussin Omar, “Islam di Brunei: Dari Perspektif Akiologi (Islam in Brunei, From Archaeological Perspective),” p.7, 11; J.F Cady, Southeast Asia: Its Historical Development. USA: Mc Graw Hill, 1963, p.167; D.E. Brown, Brunei the Structure and History of a Bornean Malay Sultanate’, 43

concept of the Brunei kingdom transformed from a non- Muslim Malay monarchy, which was most possibly a Hindu, to a Muslim Malay monarchy with the MIB elements. In the early formation of the Brunei monarchic institution, there were some researchers who related it to the migration theory. Robert Nicholl, the pioneer of this theory, suggested that before a monarchic system was established, the founders originated from the Funan kingdom, which was the earliest Malay kingdom.56 It was situated in Mekong River valley in the mainland of South-East Asia which appeared in the second century. The Funan kingdom was later attacked by the Khmers around 680 A.D. When the Funan Kingdom was defeated by the Khmers, the Funan royal family escaped, along with its people, to the southern islands such as Java and Borneo. Furthermore, according to Nicholl, some of the members of the Funan royal family sought refuge in Borneo where they reached the gulf of Brunei and consequently formed the

Monograph of the Brunei Museum Journal Brunei, Bandar Seri Begawan: Muzium-Muzium Brunei (Brunei Museums), 1970, p.135, 138-139; Robert Nicholl, “Brunei Rediscovered: A Survey of Early Times.” Journal of Southeast Asian Studies. Vol.XIV No.1 Mac 1983, p.45; Saran Singh, ‘The Coinage of the Sultanate of Brunei 1400-1980.’ Brunei Museum Journal. Vol. IV No.4 1980, p.45. 56 Robert Nicholl, “Brunei Rediscovered: A Survey of Early Times.” Ibid. p.219, 221. 44

kingdom of Brunei at the end of the 7th century. On the other side, members of the Funan royal family that arrived in Java established the kingdom of Sailendra.57 On a different note, Pehin Orang Kaya Seri Maharaja Jawatan Dalam Haji Awg Mohd. Jamil Al-Sufri and Sanib Said who also supported the migration theory, had a different perspective. According to these two researchers, the Bruneian Malays originated from Pagar Ruyong, Sumatra and migrated to Borneo Island in around the 9th century, and eventually formed the kingdom of Brunei.58 Sanib Said believed that this migration seems more appropriate since there are many places in Sumatra with names that are similar to ones in the southwest of Borneo, such as Serawai: Sarawak, Sibao: Sibu, and Pelimbang: Limbang. This earlier stage of migration centred

57 Ibid; Roland Braddell, The Study of Ancient Times in the Malay Peninsula and Straits of Malacca. Kuala Lumpur: The Malaysian Branch of the Royal Asiatic Society, 1989, p.26, 176; D.G. E. Hall, Sejarah Asia Tenggara (The History of Southeast Asia). Kuala Lumpur: Dewan Bahasa dan Pustaka, 1984. p.71; and George Coedes, The Indianized States of Southeast Asia. Kuala Lumpur: Malaya University Publication, 1968, p.17, 89, 108. 58 Pehin Orang Kaya Amar Diraja Dato Seri Utama (Dr.) Awg Haji Mohd Jamil Al Sufri, Chatatan Sejarah Perwira2 dan Pembesar2 Brunei (Historical Records of Bruneian Heroes and Aristocrats), p.4; dan Sanib Said, “Pembentukan Kerajaan Brunei Lama: Huraian Teori Penghijrahan. (The Formation of the Old Brunei Kingdom: An elaboration of the Migration Theory” International Seminar: Malay Language, Literature and Culture, Negara Brunei Darussalam, Universiti Brunei Darussalam, 3-8 August 1986, p.5-10. 45

mostly in Brunei Bay since it was seen as a strategic area for defense and habitation.59 The theory that suggested that the Brunei Malay Monarchy only appeared in the 7th century due to the migration from Funan is still questionable for its truth. This point of view is still debatable since there is a lot of archeological evidence that shows that Borneo has been populated for thousands of years. This infers that the Malays were the original inhabitats of this island.

59 Sanib Said, “Pembentukan Kerajaan Brunei Lama: Huraian Teori Penghijrahan (The Formation of Old Brunei Kingdom: An Elaboration of the Migration Theory).” Ibid. p.3-8. 46

CHAPTER 7

THE BRUNEI MONARCHIC INSTITUTION FROM 9TH TO 16TH CENTURY

Brunei which was known as Po-ni in 860 A.D. can be interpreted as a small Malay monarchic nation. Later, it developed further that it became successful in strengthening its political, economic and social powers. The stability enjoyed by the Brunei kingdom allowed it to develop its military strength, which was later used not only for defense, but consequently, it became an instrument to colonize neighbouring regions and states. The strength of the king of Brunei could be seen when in the 10th century, the king was escorted on his travels by 100 warships. The colonization policy was obviously successful in expanding his political 47

influence that it was able to conquer fourteen regions or states.60 The Brunei monarchy continued to achieve its golden era towards the 13th century because according to Zhu Fan Zhi, in 1225, the king of Brunei at that time was adorned with bracelets and necklaces made of gold.61 In the same year, Chau-ju-kua recorded that even the palace's floor tiles and the dining sets were made from this precious mineral. In 1280, Nan Hai Chih listed in his report of the regions conquered by the Brunei monarchy consisted of Sarawak, regions in Sabah, the Philippines and Sulu. This shows that in the 13th century, the Brunei monarchy was no longer a small country, but became succussful in forming an empire. 62 However, at the end of the 14th century, the Brunei

60 Friedrich Hirth & W.W. Rockhill, (1967), Chau Ju Kua – His Work on the Chinese and Arab Trade in the Twelfth and Thirteenth Centuries. Taipei: Cheng-wen Publishing Company, p. 155; W.P. Groeneveldt, (1880), Notes on the Malay Archipelago and Malacca Compiled from Chinese Sources. Verhandelingen van het Bataviaasch Genootchap, 39, 1880, p.108. 61 Wu Zong Yu, ‘Bahan-bahan Brunei dalam Sumber China. (Bruneian materials in Chinese Sources)’ Paperwork for Brunei History II Seminar, held by the Brunei Department of History Centre, 28 Rabiul Awal – 1 Rabiul Akhir 1416 – 25-28 August 1995, p.3, 12. 62 Friedrich Hirth & W.W. Rockhill, (1967), Chau Ju Kua – His Work on the Chinese and Arab Trade in the Twelfth and Thirteenth Centuries. p.155-158; Graham Saunders, (1994), A , Kuala Lumpur: Oxford University Press, p.26; Carrie Brown, “The Eastern Ocean in the Yung-lo Ta- tien,” Brunei Museum Journal. Vol. IV no. 2 1978, p.55-56. 48

monarchy faced a difficult challenge because it fell into a period of poverty and weakness. In 1365, it was conquered by Majapahit. Due to this weakness, Sulu, which was previously a colony of the Brunei monarchy, managed to become independent. In fact, in 1369, Sulu attacked Brunei that caused it to suffer heavy losses. Sulu was said to have continued to enjoy its political sovereignty from the Brunei Malay monarchy until the year 1424 because it continued to pay tribute to China, but not to Brunei.63 This dark period experienced by the Brunei monarchy in the 14th century began to improve after it succeeded in freeing itself from the Majapahit occupation, which was facing its own downfall after the death of Hayam Wuruk in 1389.64 Brunei

63 Brunei under the colonization of Majapahit was not only recorded in Silsilah Raja-raja Berunai (Historical Lineage of the Bruneian Kings), ‘B’ text, but also by a Javanese source dated 1365. The source is in the form of an old poetry titled Nagarakertagama composed by Prapanca mentioning Brunei as Buruneng. In this poetry, Brunei was listed as one of the countries that paid tribute to the kingdom of Majapahit. O.W. Wolters, (1990) Kejatuhan dalam Sejarah Melayu (The Fall of Srivijaya in the Malay History). Kuala Lumpur: Dewan Bahasa dan Pustaka, p.69; D.S. Ranjit Singh,(1991), Brunei 1839-1983: The Problem of Political Survival. Singapore: Oxford University Press, reprinted, p.13-17; Carrie Brown, ‘An Early Account of Brunei by Sung Lien.’ Brunei Museum Journal. Vol. II no.4 1972, p. 219; P.L. Amin Sweeney, P.L. (ed.), ‘Silsilah Raja-raja Berunai teks ‘B’ (The Genealogy of the Bruneian Kings B Text).’ Journal of the Malaysian Branch of the Royal Asiatic Society. Vol. XLI pt.2 1968, p.52. 64 Due to the demise of Hayam Wuruk, a civil war broke out between his legitimate and illegitimate sons, due to a power struggle for the throne of 49

gained sovereignty from Majapahit approximately in the early 15th century. As was recorded in Syair Awang Semaun, the queen of Majapahit's fighting cockerel was defeated by the cockerel of Awang Sinuai from Brunei. The Majapahit cockerel’s defeat in a cockfight, was implicitly interpreted as the Brunei kingdom’s success in freeing itself from Majapahit’s colonization. The rise or revival of Brunei became even prominent when Brunei's ties with China became closer in the early 15th century.65 As a result of this revival, the Brunei monarchy finally regained its political glory around the end of the 15th century until the early 16th century, especially in the era

Majapahit. As a result, the glory of Majapahit faded. It later ended in 1527 after being attacked by the Demak Islamic Kingdom. Abdul Rahman Abdullah, (2000), Sejarah dan Tamadun Asia Tenggara Sebelum dan Sesudah Pengaruh Islam (The History and Civilization of Southeast Asia before and after the Influcence of Islam), Kuala Lumpur: Utusan Publications & Distributors Sdn Bhd, p. 137-138. 65 D.S. Ranjit Singh, (1991), Brunei 1839-1983: The Problem of Political Survival. p.13-17; Hirth, Chau Ju Kua. p.157-159; Robert Nicholl, “The Tomb of Maharaja Karna of Brunei at Nanking.” Brunei Museum Journal. Vol. V no.4 1984, hlm.35-37; Pehin Orang Kaya Amar Diraja Dato Seri Utama (Dr.) Awang Haji Mohd Jamil Al-Sufri bin Begawan Pehin Udana Khatib Dato Seri Paduka Awang Haji Umar, (1990), Tarsilah Brunei Sejarah Awal dan Perkembangan Islam (Tarsilah Brunei: The Early History and Development of Islam). Brunei Seri Begawan: Jabatan Pusat Sejarah (The History Centre Department), p.21- 27; Carrie Brown, “Two Ming texts concerning King Ma-na-je-chia-na of Po- ni,” Papers Relating to Brunei. Kuala Lumpur, The Malaysian Branch of the Royal Asiatic Society, 1998, p.179-182; Kong Yuanzhi, (2000), Pelayaran Zheng He dan Alam Melayu. Bangi: Universiti Kebangsaan Malaysia, p..166- 168. 50

of Sultan Bolkiah (1485-1524), and once more at the end of the 16th century during the reign of Sultan Hassan (1582-1598).

51

CHAPTER 8

CIVIL WAR

At the beginning of the 17th century, especially after the demise of Sultan Muhammad Hassan, the Brunei Monarchy faced another challenge, due to a power struggle with the first ever recorded civil war which happened between Sultan Abdul Mubin (1661-1673) and Sultan Muhyiddin (1673 – 1690). This war broke out at the end of the 17th century. It had occurred due to murder of Raja Dungu, the son of Pengiran Bendahara Abdul Mubin by Raja Bungsu, the son of Sultan (1660-1661) because he became embarrassed that he was defeated by the son of Pengiran Bendahara in a cockfight.66 The civil war was finally won by

66 Pehin Orang Kaya Amar Diraja Dato Seri Utama (Dr.) Awang Haji Mohd Jamil Al-Sufri bin Begawan Pehin Udana Khatib Dato Seri Paduka Awang Haji Umar, (1990), Tarsilah Brunei Sejarah Awal dan Perkembangan Islam, p.46- 47, 55-56; Yura Halim and Jamil Umar, (1958) Sejarah Brunei (The History of Brunei). Brunei t.pt. p.83-84; , ‘Selesilah (Book of Descent) of the Rajas of Bruni,’ Journal of the Straits Branch of the Royal Asiatic Society. 52

Sultan Muhiyiddin. The Brunei monarchic institution may have possibly been badly affected after the civil war. However, the negative effects may have only lingered around the central government of Brunei and did not affect the occupied regions. This scenario indicates that during the reign of Sultan Muhyiddin, the Brunei monarchic institution still managed to conquer a very large region from Sarawak to Sabah including Palawan and Balabak Islands.

Singapore vol. V Jun 1880, p.16-17; P.L. Amin Sweeney, P.L. (ed.), ‘Silsilah Raja-raja Berunai ‘B’ text.’ p.57-69; Robert Nicholl, ‘Relations between Brunei and Manila.’ Brunei Museum Journal. vol. IV no.1 1977, p.129-130; Leyden, “Sketch of Borneo,” Asiatic Journal. Vol.II No.3 XI-XIV 1816-1817, p.94. 53

CHAPTER 9

THE DOWNFALL OF THE BRUNEI MONARCHIC INSTITUTION IN THE 19TH CENTURY

Nearing the dawn of the 18th century, The Spanish and Sulu claimed that the region to the northeast of Brunei, which is Sabah and the islands in the region were theirs. This claim was made following the presence of Europeans who were there to search for colonies and opportunities to trade.67 This Spanish claim continued into the 19th century by emphasising that Sulu was under its protection according to a pact in 1836 and Sabah was considered a domain of Sulu. On the other hand,

67 D.S. Ranjit Singh, (2000), The Making of Sabah 1865-1941 The Dynamics of Indigenous Society, Kuala Lumpur: University of Malaya Press, hlm.5-6; Frederick Blumentritt, ‘Spain and the Island of Borneo.’ Brunei Museum Journal. vol: IV no.1 1977. hlm.82. 54

Sulu had already been handed over by Sultan Muhyiddin as soon as he defeated Sultan Abdul Mubin for his assistance during the civil war that was mentioned previously. However, Brunei denied having ever made an agreement to hand over this territory. Even if it had been true, Brunei would never have given the entire land in Sabah. What was given was only the region of , one the smaller regions in that state. This issue has caused a crisis to gain control over Sabah between the two sultanates until the 19th century.68 The Dutch took power over Sambas on 6 September 1818, and with that ended Brunei’s dominion over the colony. However, in the 18th century which continued into the 19th century the Brunei monarchy was insistent that the colonies between Tanjung Datu in southwest until Sungai Sibuku Sabah belonged to it. Despite this claim, the reality was only the west coast of Sabah belonged to Brunei. On the other hand, Sulu seemed more powerful in the east coast of this region at the end of the 18th century and into the

68 Commission from Sultan of Brunei appointing Gustavus Baron de Overbeck Maharajah of Sabah () and Raja of Gaya and Sandakan 29 December 1877, C.O. 874/54; Tarling, Britain and Brunei. p.6-8; D.S. Ranjit Singh, “The Development of Native Administration in Sabah 1877-1946,” Commemorative 1881-1981. Kota Kinabalu: State Government, 1981, p.85. 55

early 19th century. Therefore, it could be stated that in the 19th century, Sabah was divided into two regions, where the area from Kimanis until Pandasan was under the dominion of the Brunei Monarchy, whereas the area from Teluk Marudu (Bay/Gulf) to Sibuku River was under Sulu’s domain.69 With that, it is clear that the colonies from Tanjung Datu to Pandasan were under the Brunei Monarchy in the 19th century, which simultaneously spread the MIB traits. The Brunei Monarchy once again experienced a civil war, this time between Sultan Muhammad Alam (1826-1828) and Raja Noor Alam around 1826 until 1828. The war was caused by a struggle for the throne, which was the birth right of Raja Noor Alam’s first born prince, Sultan Omar Ali Saifuddien II (1828 – 1852) after the death of Sultan Kanzul Alam (1807- 1826), which was denied. Instead, control over the kingdom was taken over by Sultan Muhammad Alam. Thus, civil war broke out that led to Sultan Muhammad Alam’s assassination. This civil war, however, did not affect the integrity of the

69 W.H. Treacher, Acting Consul General for Borneo to the Earl of Derby. 22 January 1878, Historical Documents North Borneo (Sabah) 1850-1880, Sabah State Achives; J.F. Warren, The Sulu Zone, 1768-1898: The Dynamics of External Trade. Slavery and Ethnicityin the Transfirmation of Southeast Asian Maritime, State. Singapore: Singapore University Press, 1981. p.75-93; D.S. Ranjit Singh, (2000), The Making of Sabah 1865-1941 The Dynamics of Indigenous Society, p.5-6,: D.E. Brown, Brunei: The Structure and History of a Bornean Malay Sultanate. p.144. 56

Brunei Monarchy because it was still powerful in its other regions in Sarawak and Sabah.70

70 Haji Awg Asbol bin Haji Mail, Kesultanan Melayu Brunei Abad ke-19 (Brunei Malay Sultanate in the 19th Century) p.78-81. 57

CHAPTER 10

REBELLION IN SARAWAK

This incident was destined once again to befall on the Brunei Monarchy in 1835 when the inhabitants of Sarawak Asal launched a rebellion. At the height of the resistance which could not be tackled, James Brooke suddenly appeared uninvited in this region. He reached Sarawak Asal on 15 August 1839. His arrival in this region was warmly welcomed by Pengiran Bendahara Raja Muda Hashim, who was sent by Sultan Omar Ali Saifuddien II to put a stop to the rebellion by the people of Sarawak Asal. Other than exploring Sarawak Asal, Brooke wanted to continue his journey to and stay there for six months. Scientific research on the natural world was the main mission for Brooke’s exploration. After heading to Sulawesi, Brooke returned to Sarawak Asal in August 1840. As Brooke was about to leave Sarawak Asal in October 1840, Pengiran Bendahara stopped him because he 58

wanted Brooke’s assistance to crush the resistance that was still going on at that time.71 Pengiran Bendahara Raja Muda Hashim was not only worried about the uprising in Sarawak Asal, but also, he felt threatened by the advances of the Dutch who had reached Sambas. This scenario indeed threatened the power of the Brunei monarchy in Sarawak Asal. Thus, it was expected that Brooke’s presence, as a British national, could not only help alleviate the problem of the ongoing rebellion, but also to halt the advances of the Dutch.72 Finally, Brooke agreed to extend his assistance to Pengiran Bendahara Raja Muda Hashim after he was promised the appointment as the kingdom’s representative in Sarawak Asal. After over three months of campaigning with the help of Brooke, Pengiran Bendahara and his men were successful in stopping the armed uprising in Sarawak Asal on 20 December 1840. Full success was achieved when an agreement with the rebels was reached, after Pengiran Bendahara was prepared to

71 James Brooke, Letters From Borneo With Notices of the Country and Its Inhabitants. London: L and G Seeley 169, Fleet Street, 1842, F.O.12/1; dan Rodney Mundy, Narrative of Events in Borneo and Celebes Down to the Occupation of Labuan from the Journals of James Brooke, ESQ Rajah of Sarawak and Governor of Labuan. Vol.I, London: John Murray, Albermarle Street, 1848. p.142. 72 D.S. Ranjit Singh, Brunei 1839-1983: The Problem of Political Survival. p.51. 59

pardon them if they were willing to surrender.73 With that, James Brooke was appointed as a representative of the Brunei kingdom in Sarawak Asal in1841 as promised by Pengiran Bendahara Muda Hashim. After the appearance of James Brooke, the problems faced by the Brunei kingdom did not lessen, but in fact, increased. Challenges could previously be handled and dealt with by the Brunei monarchy. However, Brooke’s presence, which had earlier been as an ally, later became as a back-stabbing friend when the Brunei kingdom’s territories in Sarawak, one after another fell into his hands. As a result of Brooke’s power struggle over Sarawak Asal, the Brunei kingdom experienced civil war for the third time when the Brunei lords in the capital became angered by Pengiran Bendahara Raja Muda Hashim, that they murdered him in 1846. He was held responsible for handing Sarawak Asal over to Brooke. On the other hand, the territories in Sabah fell into the hands of the British North Borneo Company. These territories were either acquired forcefully by gun boat diplomacy, deceit, lease or purchase.74

73 James Brooke, Letters From Borneo With Notices of the Country and Its Inhabitants. London: L and G Seeley 169, Fleet Street, 1842, F.O.12/1 74 P.L. Amin Sweeney, (ed.), ‘Silsilah Raja-Raja Berunai text ‘B’ (Historical Genealogy of the Kings of Brunei Text 'B'.’ p. 59 – 64; James Brooke, Letters From Borneo With Notices of the Country and Its Inhabitants. London: L and G Seeley 169, Fleet Street, 1842, F.O.12/1 ibid.; E. Hertslet, Memorandum 60

CHAPTER 11

BRUNEI THE SOUL OF LIMBANG, LIMBANG THE BODY OF BRUNEI

The worst challenge for Brunei was the fall and quest for survival of the Brunei kingdom when Charles Brooke, without any shame or hesitation seized Limbang in 1890. Sultan Hashim (r.1885-1906) was furious and protested sternly to the British Government, but they were biased and thus sided with Brooke rather than with Brunei. The Limbang conflict had occurred even since the 1850s but arose again after a few Bruneian Malays who visited Limbang were killed in November 1885. At the same time Peter Leys, the British

Respecting the Status of Rajah Brooke of Sarawak and as to his right to be traited as an Independent Sovereign Prince, 29 December 1876, F.O. 12/59; Lockard Craig Alan,(1987), From Kampung to City A Social History of Kucing Malaysia 1820 – 1970. Athens: Ohio University for International Studies, 1987, p.9, 237. 61

General Counsel in Labuan along with Brooke continued to pressure Sultan Hashim to lease Limbang to Sarawak. Charles Brooke offered $6,000.00 a year for the lease of Limbang. They gave the excuse that the sultan could no longer afford to govern this territory.75 It was a fabricated excuse to realize their true intentions. Although Sultan Hashim was under a lot of pressure from Leys, His Majesty was insistent on not leasing Limbang. 76 Sultan Hashim, as with Sultan Abdul Momin expected that if Limbang were to fall, thus the future of the Brunei monarchy would also be jeopardized. To avoid this, Limbang could never be leased under any circumstances. As a reaction to the British Government which had given its consent to lease Limbang, thus in November 1886, Sultan Hashim, the Wazirs and the people in Brunei city sternly expressed their opposition of the lease of Limbang to Sarawak, even if it had received the British Government’s blessing. They gave the reason that Limbang and Brunei were one, as in “Brunei was the soul of Limbang, and Limbang was the body

75 Spenser St John, Acting Commissioner to the Viscount Palmeston, Foreign Affair, 1 June 1851, F.O. 12/9; Consul General Leys to the Marquis of Salisbury, Labuan 24 February 1887, F.O. 12/76; The North Borneo Herald, Official Gazette, no.V vol.II, 1 November 1884, p.1-2. 76 Ibid. 62

of Brunei”. They also insisted on and defended ‘Sultan Abdul Momin’s Umanah (will)’. Brunei pleaded with the British Government to meet their demands. The unrest that the British was purported to have happened in Limbang, had actually subsided.77 In the move to end the continual decline of the territories of the Brunei kingdom, on 17 September 1888 Sultan Hashim signed an agreement that put Brunei under the protection of the British. However, this treaty achieved nothing to halt the decline of territories belonging to the Brunei kingdom, and it was also biased as with all other agreements prior to it. Article III of this agreement clearly was not to Brunei’s advantage because when there were any disputes with any states including Sarawak and the British North Borneo Company, it was to be settled by the British Government and the sultan must adhere to any judgments made by them. With this treaty the British controlled Brunei’s foreign affairs.78 It could be argued that the Brunei monarchy was trapped by this treaty because in its dispute with Sarawak, there were no indications that the British

77 The Sultan of Brunei to Consul General Leys, Brunei, 29 Sapar A.H. 1304 (27 November 1886), F.O. 572/18; The Sultan of Brunei to Her Majesty the Queen, Brunei 14 Jamadil Akhir A.H. 1304 (8 February 1887) F.O. 572/18. 78 Article III of the Agreement between Brunei and the British government Appendix IV F.O 12/130; R.E. Stubbs, (1905), Brunei and the Limbang, Eastern No.97, printed for the use the Colonial Office, p.16. 63

Government were ever impartial, and worse, were even partial to Brooke. On 17 March 1890, to Sultan Hashim’s discontentment, Charles Brooke used military might to seize control of Limbang from Brunei. He flew the Sarawakian flag and announced the control over this territory by Sarawak. He promised to pay a certain amount of money to the Brunei kingdom as compensation over the occupation of Limbang.79 This occupation was later supported by the British Government despite Sultan Hashim’s fierce objection and continual insistence that Limbang and Brunei were one. Sultan Hashim was a ruler with consistent principles and never once wavered in his decision against the leasing of Limbang. As proof of Sultan Hashim’s unwavering principle, he never once demanded any payment for the lease of Limbang which had been deposited into the bank. As such, the payment was even returned to Brooke in 1895. Throughout the period, Sultan Hashim never gave up in demanding its territory, Limbang to be returned to the Brunei kingdom. On the other hand, the British Government did not support him and even asked him to accept what has happened.80 This biased stand

79 Ibid. p.17. 80 Graham Saunders, A History of Brunei,, p.93. 64

angered Sultan Hashim and his trust towards the British Government soon decreased.81

81 M.S.H. Mc Arthur,(1987), Report on Brunei in 1904 by M.S.H. Mc Arthur, Athen: Ohio, p.133. 65

CHAPTER 12

SUPPLEMENTARY AGREEMENT OF 1905/1906

Charles Brooke not only refused to release Limbang from its control at the dawn of the 20th century, which was in 1902 and 1904, but he continued to pressure Sultan Hashim to lease all Brunei territories which were still under the Sultan’s power. If he agreed, Brooke would pay an allowance to Sultan Hashim and the Brunei aristocrats. This offer which clearly jeopardized the future of the Brunei monarchy was immediately rejected by Sultan Hashim.82 The lease of Limbang was rejected and thus, he further refused to give up control over the remaining territories including the capital of administration. In 1904, Mc Arthur, a British officer who was assigned to investigate

82 R.E.Stubbs, (1905), Brunei and the Limbang, p.22 66

Brunei’s position, wrote a report to the British Government that Brunei needed to be put under its full protection in order for the identity of Brunei as a monarchic state not to cease.83 With this report the British Foreign Office agreed to appoint a British Resident in Brunei.84 Finally, Sultan Hashim signed the Supplementary Agreement of 1905/1906 with the British Government. In this treaty, Brunei would accept a British Resident as an adviser to the sultan in all aspects except for affairs related to Islam.85 Through this treaty, it was made clear that Brunei was not colonized, but protected. With that, the Brunei monarchy became a part of the MIB traits before 1906 and still continues.

83 M.S.H. Mc Arthur,(1987), Report on Brunei in 1904 by M.S.H. Mc Arthur, p.135-136. 84 Ibid. p.23. 85 William George Maxwell & William Summer Gibson, (1924), Treaties and Engagements Affecting the Malay States and Borneo. Suffolk: Jas Truscott & Son Ltd, p.149-150. 67

CHAPTER 13

TRADITIONAL CUSTOMS

The existence of MIB traits before 1906 could also be seen in customs. Custom is one of the characteristics of tradition which had long been practised by Brunei society, whether amongst the aristocrats, or even the people. The main customs of Brunei in illustrating the traits of MIB before 1906 are the Brunei Royal Customs such as the coronation of the kings, the bestowing of titles and weddings. Brunei Royal Customs are ones of the biggest, most influential and most prominent amongst the people of Negara Brunei Darussalam. They play an important role to strengthen the tie between the king and his people and also amongst the people in the society itself. For the people of Brunei, custom is something that could not be separated from their lives. Their lives have always been driven by customs. Brunei society is 68

very observant of the values of each custom. Therefore, when they hold any event, traditions will be their first priority because it is there where an event is considered flawed or otherwise. There exist four categories of general customs of a nation which include:

1. Adat yang teradat – in the context of Malay society it refers to the principle rules determined by Islam. 2. Adat yang diadatkan – it refers to the collection of values and beliefs invented by man. 3. Adat Istiadat (traditional customs)– refers to the events that are held and are generally accepted as legal, as carried out by certain institutions in a society. The main concern here are the equipment, rites, rituals and organisation in carrying it out. 4. Adat Resam – refers to social habits or the nature of living in a society. It stems from “adat yang diadatkan”. It is easily changed and is the most changed according to the times86.

86 Haji Mohd Yussop Bakar, (1989), Adat Perkahwinan Orang Melayu Brunei di Mukim Saba (Brunei Malay Wedding Customs in Saba), Bandar Seri Begawan: Dewan Bahasa dan Pustaka, p.27. 69

Thus, traditional customs are defined as particular rules that include traits, rituals, manners and etiquette which are part of the important traditions of a nation. Customs that are repeatedly practised are usually related to particular traditional events, rites or orderly daily routines and are a part of life for a particular nation. Dr. Nordin Selat mentioned that traditions are the rules that govern life, “hidup dikandung adat, mati dikandung tanah (life is in traditions, death is in the earth/soil)”. Nevertheless, the main aim of customs and traditions is wellness. They beckon the good, and chase away the bad. Customs are necessary for they bring about peace in the society and harmony in a nation.87 From this definition, it is clear that customs are the daily practices of a nation which include etiquette and honour. They are positive and beneficial to a nation in creating and developing civilisation. A civilisation that is built without customs is doomed to destruction. In determining a certain custom or tradition, it is accepted as law and have long been practised. Although customs are not actually laws, but because their values have a strong tendency to be followed, with their beauty and organisation that are suited to the ideas of the

87 Ibid. 70

society, thus the values are automatically and willingly obeyed and adhered to. Nevertheless, customs may often change according to the times and situations. This could be seen in the scenario recorded by the history of the Brunei Malay Sultanate which frequently faced changes and obstacles that introduced new values in customs. This change is obvious when during the 14th century an Islamic kingdom arose with the conversion of Awang Alak Betatar to Islam. Gradually, Islamic values seeped in and was streamlined into the customs of Brunei society. It was also true when Sultan Hashim Jalilul Alam Aqamaddin (r.1885 – 1906) had to sign the Supplementary Agreement of 1905/06. Thus, Brunei customs changed because the agreement stated that the sultan would accept a British officer, the Resident. Every advice given by him must be accepted with the exclusion of issues relating to Islam. With this treaty, it was evident that the British could interfere with the affairs of Brunei customs. Even then, although it was stated in the treaty that the Resident could not interfere in the affairs of Islam, he did so regardless. Following the agreement, modernisation occurred in Brunei as brought in by the British. Thus, the customs of the Brunei society had to undergo changes so they could continue to be accepted. However, the originality of the 71

customs of a nation must be protected as they are a part of their identity and character. Early records of the existence of the customs of Brunei society was through the Chinese of the 10th century which stated that the people of Po-ni (Brunei) firmly held on to their customs and superstitions. Brunei later gradually developed into a strong country after the arrival of Islam in the 14th century.88 An organised system of governance, along with strong customs made the Brunei Malay Sultanate famous and respected by other societies. It became an attraction and a layover destination for merchants not only from this region, but also as far as Arabia, China and India. When Awang Alak Betatar converted to Islam, it was the starting point of Brunei customs, especially the royal Brunei customs with Islamic values and influence that were adopted to replace the previous Hindu-Buddhist practices that were against the teachings of Islam. When Sultan Sharif Ali ascended the throne, he restructured the government by not only implementing Islamic values, but he also streamlined the local customs to the teachings of Islam. His contribution in

88 Pehin Jawatan Dalam Seri Maharaja Dato Seri Utama Dr.Haji Awang Mohd.Jamil Al-Sufri,(1990), Tarsilah Brunei: Sejarah Awal dan Perkembangan Islam, p. 36-37. 72

strengthening Islam was huge that he became known as ‘Sultan Berkat’. Brunei customs continued to develop in line with the achievements during the reign of Sultan Bolkiah. Antonio Pigafetta, was an explorer on Ferdinand Magellan’s tour around the world, stopped in Brunei in 1521. Not only did he see the greatness of Brunei, but he also observed the existence of systematic and complete customs. He reported of the nobility, strength, greatness, customs and etiquette of the Brunei people of that time. His entourage was welcomed in full custom with silk-decorated elephants as royal transport, the exchange of gifts between the king and his guest, palatial customs and the etiquette in the presence of the sultan at the time of Sultan Bolkiah.89 This was not described for the royal Brunei customs that had been practised by the Brunei royalty of the 16th century. The Brunei Malay Sultanate, during the reign of Sultan Muhammad Hassan (1582 - 1598) as was compared to the reign of Sultan Mahkota Alam of Acheh, once again reached its

89 Pehin Datu Seri Maharaja Dato Paduka Seri Setia Dr. Ustaz Haji Awg Abdul Aziz bin Juned, (1992), Islam di Brunei Zaman Pemerintahan Kebawah Duli Yang Maha Mulia Paduka Seri Sultan Haji Hassalan Bolkiah Mu’izzaddin Waddaulah, Sultan dan Yang Di-Pertuan Negara Brunei Darussalam, Jil. 1, p. xxxlll – xxxvl. 73

glory. His reign in Brunei was not only strong in terms of governance, but Sultan Muhammad Hassan was also a sultan who was concerned about customs and kept royal regalia. This could be seen when his palace of three floors was decorated with royal regalia such as obor-obor parasols, pisang-pisang, sembulayang, high parasols, alam bernaga, haram parasols, dedap and banners.90

90 Yura Halim and Jamil Umar, (1958) Sejarah Brunei (Brunei History), p.50- 54. 74

CHAPTER 14

CUSTOMS OF THE CORONATION

Amongst the royal Brunei customs that highlight the MIB traits prior to 1906 is the custom of the coronation. Before a sultan could be acknowledged as the Yang Di- Pertuan, which is one who is accepted as the master by all the people, he must first go through the coronation custom known as Adat Istiadat Berpuspa.91 Prior to that, a sultan is not qualified to be called the Yang Di-Pertuan Brunei. Early records of the coronation custom are in the Syair Semaun. This poem relates how Awang Alak Betatar once went through the Adat Istiadat Berpuspa before he embraced Islam. The custom is described with the crowning and

91 Haji Mohd Yusop bin Haji Awang Damit, “Kerajaan Brunei Sebelum Abad ke 20 (The Brunei Kingdom before the 20th Century)”, A paper work in the Brunei Malay Sultanate Seminar at the 15th Convocation of Universiti Brunei Darussalam, p.5 75

attachment of the Keris Si Naga (dagger), which are two important royal Brunei regalia. The description is as follows:

Mahkota kerajaan dikenakan sudah Sembila pangkat terlalu indah Elok majlis makin bertambah Barang memandang berhati gundah.

Keris Si Naga dipakai Baginda Kepada pinggang Paduka Anakanda Berhulu emas Bunga Suganda Bersarung emas buatan.92 translation:

The Kingdom crown placed upon The Sembila title with its beauty The gaiety of the event heightened Any that look upon will feel uneasy

92 Alat Kebesaran Diraja (Royal Regalia), (1993), Bandar Seri Begawan: The Special Renovations Comittee of the Churchill Memorial Building and Royal Regalia Exhibit, p.30-31. 76

Keris Si Naga is worn by His Majesty To his waist His Highness the Prince Golden hilt of the Suganda flower With gold-forged sheath...

The coronation custom was once held during the reign of Sultan Muhammad Hassan (1582 – 1598). This custom was held when His Majesty sat on the Patarana Singgahsana (throne) and the lskandar nobat was sounded seven times. Among the royal regalia in his coronation were the Mahkota (crown), Keris Si-Naga (dagger), Tongkat Ajai (cane), Emas (golden cat) and Ganta Alamat (warning bell). With his coronation, hence His Majesty was qualified to be called Yang Di-Pertuan. Thereafter, there are no clear reports of the Adat Istiadat Berpuspa (coronation) of the subsequent Sultans of Brunei after the demise of Sultan Muhammad Hassan.93 The kings that were to be crowned must also follow the

93 Haji Awg Asbol bin Haji Mail, Ampuan Haji Brahim bin Ampuan Haji Tengah, Haji Muhammad Hadi bin Md Melayong & Haji Mohd Yusop bin Haji Awg Damit, (2014), Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien Tokoh Adat Istiadat Sepanjang Zaman (Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien A Champion of Customs Throughout the Ages), Bandar Seri Begawan: The Office of the Duli Yang Maha Mulia Paduka Seri Baginda Sultan and Yang Di-Pertuan Negara Brunei Darussalam, p.66 77

royal Brunei customs which had been established before 1906. They included the kings of Bataras (princes, heirs, or closest royal relatives), which were the uppermost crust in the hierarchy of the Brunei Sultanate. The priority to become the Sultan of Brunei are:94

1. The sultan’s (to be replaced) eldest prince. 2. The sultan’s (to be replaced) next eldest legitimate brother. 3. The sultan’s (to be replaced) next eldest legitimate uncle from the father’s side (the previous sultan’s prince). 4. The sultan’s (to be replaced) eldest illegitimate prince. 5. The sultan’s (to be replaced) next eldest illegitimate brother. 6. The sultan’s (to be replaced) next eldest illegitimate uncle. 7. The sultan’s (to be replaced) eldest legitimate grandson.

According to P.M. Yusof, the coronation custom is the

94 P.M.Yusof, “Adat Istiadat Diraja Brunei Darussalam (The Royal Customs of Brunei Darussalam)” Brunei Museum Journal, vol.3, no.3, 1975, p.44 78

grandest and highest of all the customs that have been practised by generation of the Sultans of Brunei through the ages, and this custom is the peak of all customs. The royal coronation custom is also a symbol of the glory of the Brunei kings, which is of a great priority and importance by the people of Brunei.95 Usually, the coronation custom is held a year after a sultan has ascended the throne, to acknowledge and raise the sultan as the Yang Di-Pertuan who is powerful over the colonized territories, regions and coasts and to raise the sultan’s queen, or Pengiran Isteri as Raja Isteri.96 The pinnacle of the coronation custom is the placement of the crown on the sultan’s head and the attachment of the Keris Si-Naga (dagger) accompanied with the reciting of the ‘Puja Puspa’ text. It has a role similar to the ciri which is recited during the Istiadat Pengurniaan Gelaran (the knighting of aristocrats).97 However, the ‘puja puspa’ text is reserved only

95 Pehin Jawatan Dalam Seri Maharaja Dato Seri Utama Dr.Haji Awang Mohd.Jamil Al-Sufri, (2012), “Suatu Tinjauan Terhadap Istiadat Berpuspa Brunei (A Look at the Coronation Custom in Brunei),” Buku Kemerdekaan 25 Tahun, Kumpulan Artikel Sejarah Memperingati 25 Tahun Kemerdekaan Negara Brunei Darussalam (A Book of 25 Years of Independence, A Collection of Historical Articles to Commemorate the 25 Years of Independence of Negara Brunei Darussalam), Bandar Seri Begawan: Sultan Haji Foundation and Brunei Historical Association, p.252. 96 Ibid. p.256 97 Haji Awg Asbol bin Haji Mail, “Perajaan Kesultanan Brunei (Kingship of the Brunei Sultanate): Konsep Dewaraja, Daulat dan Derhaka Satu Sorotan (A 79

for the sultan during the coronation ceremony. The ‘Puja Puspa’ text is as follows:

It is Allah’s will that His Majesty is King in this State of Brunei; It is Allah’s will that His Majesty becomes the people’s most-revered in this State of Brunei; It is Allah’s will that His Majesty becomes the people’s leader in this State of Brunei; It is Allah’s will that His Majesty becomes the people’s protector in this State of Brunei; It is Allah’s will that His Majesty becomes the turus tunggak (pillar?) in this State of Brunei; It is Allah’s will that His Majesty becomes the Yang Di- Pertuan in this State of Brunei; It is hoped Kebawah Duli Yang Maha Mulia Tuan Patek remains permanent on the Brunei Kingdom’s throne ruling and leading the people of Negeri Brunei Darussalam through

Concept of the Deity King, Power and ,” Jurnal Darussalam, no.7, 2007, p.28; Haji Awg Asbol bin Haji Mail, Ampuan Haji Brahim bin Ampuan Haji Tengah, Haji Muhammad Hadi bin Md Melayong & Haji Mohd Yusop bin Haji Awg Damit, (2014), Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien Tokoh Adat Istiadat Sepanjang Zaman (Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien A Champion of Customs Throughout the Ages), p.70. 80

generations, Amin Ya Rabbal Alamin.98

Through the ‘Puja Puspa’ text, MIB traits can be seen, especially its Islamic aspects to acknowledge a coronated sultan as the highest ruler in Brunei with the title Yang Di- Pertuan,99 and the depiction that the sultan was chosen by the will of Allah. With that, His Majesty was Allah’s representative on this earth and became the leader and protector of the people. Thus, as Sultan, His Majesty was required to be fair in carrying out his responsibilities as the country’s leader. Through the ‘Puja Puspa’ text, it is also implied that His Majesty was required to rule the country according to the teachings of Islam with the al-Quran and Hadith at the core. If the order of the coronation of the new Sultan of Brunei was not followed, thus it could result in chaos in the country. This once happened in the early 19th century when there was a protest from Raja Noralam, the mother of Sultan Omar Ali Saifuddein II (r.1828 – 1852) when the prince’s younger brother, Pengiran Muda Muhammad Alam appointed himself

98 P.M.Yusuf, “Adat Istiadat Diraja Brunei Darussalam (Royal Customs of Brunei Darussalam),” p.48-50 99 D.S. Ranjit Singh, (2000), The Making of Sabah 1865-1941 The Dynamics of Indigenous Society, p., 63; Perpuspaan (Coromation) 1 August 1968, Bandar Brunei: Dewan Bahasa dan Pustaka, Brunei, 1968, p.41, 47, 81

as sultan as was mentioned previously. According to custom, the throne and the coronation as the Sultan of Brunei was for Sultan Omar Ali Saifuddein II. The Brunei society at that time were more inclined to support Raja Noralam because it was according to custom. This was further emphasised when Orang Kaya Jawatan Munap advised Raja Noralam to safeguard the Keris Si-Naga because it was a symbol of the power to rule over the Brunei kingdom. Finally, Pengiran Muda Muhammad Alam was defeated by Sultan Omar Ali Saifuddein II who thereafter ascended the throne.

82

CHAPTER 15

THE CUSTOM OF KNIGHTHOOD

The Custom of knighthood (to bestow titles) in Brunei society has long been practised by generations of Brunei kings even before 1906. Those who were knighted were considered royal dignitaries.100 This knighting custom is also part of the MIB traits before 1906. A sultan who is sovereign has the right to bestow titles. No other has this right, and even so, it is not recognised or acknowledged. When a dignitary is knighted, it not only honours him and his contributions, but he then becomes the eyes and ears of the sultan in assisting him to attend to the welfare of the people. With this title also, a dignitary is respected by his ward and the people of Brunei.101 The earliest records of the knighting custom is from the

100 Pg Ahmad Pg Mohd Yusof, “Gelaran Majlis Beristiadat dan Peraturannya (Titles of the Customs Ceremony)”, A Talk on Customs, by the Ministry of Culture, Youth and Sports, 1995, p.1 101 Ibid. 83

reign of Sultan Muhammad Shah in 1368. During his wedding to the Johore Princess (Old Singapura) his two younger siblings Pateh Berbai and Awang Semaun were given the titles ‘Pengiran Bendahara Seri Maharaja Permaisuara’ and ‘Pengiran Temenggong Sahibul Bahar’.102 Thereafter, the Istiadat Pengurniaan Gelaran or the knighthood of , a Chinese dignitary from the reign of Hung-Wu VIII who came to Brunei in 1375, was recorded103. Ong Sum Ping was married to Sultan Muhammad Shah’s princess and was bestowed the title Pengiran Maharaja Lela.104 The custom of knighthood continued in the reign of Sultan Muhammad Hassan when the Hukum Kanun Brunei recorded the appointment of important dignitaries in Brunei.105 This can be seen in the sixth chapter which states:

102 Pehin Jawatan Dalam Seri Maharaja Dato Seri Utama Dr.Haji Awang Mohd.Jamil Al-Sufri,(1990), Latar Belakang Sejarah Brunei (Brunei Historical Background), Bandar Seri Begawan: Brunei Historical Centre, p.43. 103 Hajjah Rashidah bte Hj.Mohd Hanifah, “Adat Istiadat Kebesaran Brunei: Pengurniaan Gelaran Menurut Perspektif Islam (Brunei Royal Customs: Bestowing Titles in the Islamic Perspective)”, Master of Arts Thesis, Social Science and Humanities Faculty, Universiti Kebangsaan Malaysia, Bangi, 1998. p.25 104 Pehin Jawatan Dalam Seri Maharaja Dato Seri Utama Dr.Haji Awang Mohd.Jamil Al-Sufri,(1990), Tarsilah Brunei: Sejarah Awal dan Perkembangan Islam, p.53 105 Hajjah Rashidah bte Hj.Mohd Hanifah, “Adat Istiadat Kebesaran Brunei: Pengurniaan Gelaran Menurut Perspektif Islam (Brunei Royal Customs: Bestowing Titles in the Islamic Perspective)”, p. 26-27 84

“All the kings must appoint from his people one or two dignitaries their replacement so that there is no claim on him from his people… The first to be appointed is the Bendahara (Prime Minister) and secondly the Temenggong (Admiral), thirdly Penghulu Bendahari (Treasurer) and Shahbandar (Mayor) so that the kings protect his people.”

Although the direct relation to the custom of knighthood is not clearly stated here, it is implied that the appointment of these dignitaries must be announced in a customary ceremony of Istiadat Pengurniaan Gelaran. In bestowing titles during the reign of Sultan Muhammad Hassan, there were certain criteria as follows:

“The custom is when all the Kings appoint a Minister or Leader or Officer, thus firstly he must be of nobility, secondly one who is wise and witty, thirdly brave and strong in his occupation, fourth one who fears and respects his king. Thus if there lacks one of the four criteria, hence he is not complete to become the wazir or minister or leader or officer. Thus if one is of nobility, he will be called Seri Ratna Diraja and Seri Nara Indera and Seri Amar Diraja and Seri Lela Raja. If he is lesser but is brave, 85

noble and strong, thus he will be called Johan Pahlawan and Hamzah Pahlawan and Lela Pahlawan and Indera Pahlawan. If he is strict and loyal and fears his God, thus he will be called Setia Wangsa and Setia Pahlawan and Setia Raja and Setia Lela or as such. If he is famed for fierce bravery, thus he will be called Raja Hulubalang and Raja Perkasa Alam and Raja Lela Pahlawan and Raja Digir Perkasa Alam or as such.”106 During Sultan Muhammad Hassan’s reign there was an order in the seating arrangement of dignitaries in the Balai Penghadapan (court), and His Majesty also increased the number of Wazirs to four with the existence of Pengiran Pemancha and Pengiran Digadong who assisted him in governing the country. Previously, there had only been two Wazirs, Pengiran Bendahara and Pengiran Temanggong in the Brunei Malay Sultanate administration. Under the Wazir, there were the Cheteria Lapan (eight knights). This reflects the custom in terms of titles and the government administration was updated during his reign. The system of knighthood continued until 1905.107 With this, it is clear that the Istiadat Mengurniakan Gelaran was one of the practices of the Sultans

106 Amin Sweeney, P.L. (ed.), ‘Silsilah Raja-Raja Berunai teks ‘A’.’ Journal of the Malaysian Branch Royal Asiatic Society. vol.XLI pt.2 1968, p.21- 22. 107 Ibid, p.13-17 86

of Brunei that illustrated his sovereignty and power, and thus highlighted the MIB traits before 1906.

87

CHAPTER 16

WEDDING CUSTOMS

The Adat Istiadat Perkahwinan Diraja Brunei (royal wedding custom) was one that the Brunei society was highly concerned about as an MIB trait before 1906. This could be seen when a ceremony was to be held, an expert was consulted about the details of the custom. Among those that were considered expert was Pengiran Anak Siti Adat binti Pengiran Muda Hashim ibni Sultan Muhammad Kanzul Alam, who was said to be the living dictionary of this custom. Because of her expertise, she was also known as Pengiran Siti Fatimah Adat (custom). Whenever there was to be a royal wedding ceremony, she was consulted on the customs and their implementation. Due to her deep interest in the conservation of the custom and its implementation, thus she was frequently heard saying; “let us be poor but not let our customs die”. 88

The royal wedding custom usually started with the Istiadat Bersarang Gundi where the potential groom’s representative inquired about the potential bride’s family about her. It was then followed by the Istiadat Berjarum-Jarum, Istiadat Bersuruh, Istiadat Membuka Gendang Jaga-Jaga, Istiadat Mengantat Tanda, Istiadat Mengantat Pertunangan, Istiadat Bertunggu Tunang, Istiadat Berbedak, Istiadat Bersiram, Istiadat Akad Nikah, Istiadat Berpacar and Istiadat Perkahwinan. The ceremonies of these customs were accompanied by royal regalia such as kabuki, penastan, chupu, sinipit, pedang, cangkah and keris.

89

CHAPTER 17

ROYAL FUNERAL CUSTOMS

The Sultan and main dignitaries’ funeral customs prior to 1906 also show traits of MIB. During the reign of Sultan Muhammad Hassan, when the king deceased108 his body would be taken to the mosque and be given prayer rites by the royal family, aristocrats and the people. After the burial, the recitation of the al-Quran would be started. All the khatibs, mudims, and clerics took turns to recite the Al-Quran for twenty days and on the fortieth day of His Majesty’s passing, a recitation from the beginning to the end of the holy Quran would be held. For ruling kings there would be forty days of mourning and thereafter the nobat would be sounded to signal the ascension of the new king. Other than that, the sultan’s main dignitaries were also given honorary last rites accordingly

108 Ibid, p.29-30 90

but the sounding of the nobat was absent for certain periods according to the deceased’s status as follows:

…When the Pengiran Bendahara departs (dies), the nobat will not be sounded for twenty days, and thus as such for all the deaths of the siblings of the Duli Yang Di-Pertuan, and for the deaths of Pengiran Di-Gadong and Pengeran Temenggong, the nobat will not be played for ten days; and for peranakan or Cheteria, the nobat will not be played for seven days.109

109 Ibid. p.30 91

CHAPTER 18

THE LAW

According to the Kamus Bahasa Melayu Nusantara, laws are rules and regulations made by the highest legal body or ruler of a country. The Law has a power to bind and must be followed by the concerned parties.110 In principle, legislation cannot be separated from the political system of a particular country. This also applies to Negara Brunei Darussalam when the law is made and executed according to consensus and the power of the ruler or sultan, which is a symbol of the sovereignty of a king. The law stems from the customs and rituals of a society and what the elders or certain people in the ruling society order or forbid to do. In other words, laws are the means used to

110 Kamus Bahasa Melayu Nusantara (Regional Malay Language Dictionary), (2003), Bandar Seri Begawan: Dewan Bahasa dan Pustaka Brunei, p.2967. 92

reinforce the king’s power to control the actions of his subjects.111 The law can be divided into two types, which are formal and informal. Formal Law is the law that was legislated, determined and announced by the government, department or those in power.112 On the other hand, informal law is the law that was not determined or announced by the government, courts or those in power in a particular country, such as customary laws made by a particular society within. Before 1906, the law that was implemented in Brunei was based on three main sources, which were customs (customs and traditions), Islamic laws and rules. Some customary laws were invented according to local customs and also as influenced by Hinduism-Buddhism. When the people of Brunei embraced Islam, Islamic laws were then accepted and the Malay customs were adapted to be in line.113 All the customs that were deemed good, beneficial and most importantly, not against Islamic

111 Haji Asbol bin Haji Mail, (2011), Kesultanan Melayu Brunei Abad ke-19: Politik dan Struktur Pentadbiran (Brunei Malay Sultanate in the 19th Century: Politics and administrative Structure), p.18. 112 Kamus Dewan Edisi Ketiga, (2000), Kuala Lumpur: Dewan Bahasa dan Pustaka, Kuala Lumpur, p.1107. 113 Datin Dr Hajah Saadiah Binti Dato Derma Wijaya Haji Tamit, (2010), Transformasi Undang-Undang Keluarga Islam Brunei (Transformation of Islamic Family Law in Brunei), Bandar Seri Begawan: Dewan Bahasa dan Pustaka Brunei, p.1. 93

teachings continued to be practised.114 According to Ahmad Ibrahim, an expert on Malaysian Islamic law, before the arrival of British influence in the Malay states, state laws had been Islamic laws incorporated with Malay customs.115 When the law first came about in Brunei, could not be ascertained up to this point. However, it has long been practised in the Brunei Sultanate as was ordered by Sultan Abdul Momin (1852 – 1885) as follows:

We became king all this while as the custom of the kings of the past. Thereafter whoever that replaces us must follow this custom in order not to allow chaos into this state.116

From the Sultan’s speech, the role of customs prior to 1906 was to keep the peace in the country so there would not be

114 Ahmad Ibrahim & Dr. Mahmud Saedon Awang Othman, (1988), Ke arah Islamisasi Undang-Undang di Malaysia (Towards the Islamization of the Law in Malaysia), Kuala Lumpur: Dakwah Islamiah Malaysia Foundation, p. 1. 115 Ahmad Ibrahim, “Kedudukan Undang-Undang Islam dalam Masyarakat Melayu (The Position of Islamic Law in Malay Society),”Paperwork in Islam and Malay Culture Seminar at Universiti Kebangsaan Malaysia, 1976, p.1. 116 His Highness Sultan Abdul Momin of Brunei to His Excellency C.C.Leys, Governor of Labuan and Consul General for Borneo, Brunei 2 Rabiulakhir 1298 (3 March 1881). 94

chaos because there were no laws. Here, it is clearly shown that the king as a trait of MIB before 1906 was as the lawmaker and executor. The implementation of Islamic law became more organised under the reign of Sultan Sharif Ali (1425-1432), when he strictly executed the Prophet’s teachings. At that time, Islam started to become more widespread that he had to implement Syara’ law especially for the Muslim society, along with the current law. Sultan Syarif Ali wanted Islam to become a way of life that encompassed all aspects of Brunei society, including the law.117 From this scenario, the MIB traits before 1906 did not only exist within the king, but also became the law of the country.

117 P.L Amin Sweeney,(ed.), ‘Silsilah Raja-raja Berunai ‘A’ (The Genealogy of the Brunei Kings ‘A’).’ p.11, 16; P.L Amin Sweeney,(ed.) ‘Silsilah Raja-raja Berunai ‘B’ (The Genealogy of the Brunei Kings ‘B’).’ p.54; P.M. Shariffuddin & Abd Latif Haji Ibrahim, “The Genealogical Tablet (Batu Tarsilah) of the Sultans of Brunei.’ Brunei Museum Journal. vol.III no.2 1974, p.252; Dato Paduka Seri Setia Prof. Dr. Haji Awg Mahmud Saedon bin Awg Othman,, “Kanun Brunei: Faktor Kajian Penerapan Syariah Islam di Brunei (Research on the Factors of Islamic Law Adoption in Brunei),” Paper Work Brunei History II Seminar, organised by the Brunei Historical Centre, 28 Rabiulawal – 1 Rabiulakhir 1416 (25-28 August 1992), p.3-4; Mohd Raus Haji Mohd Amin, “Hikayat Negeri Brunei,” Salam. Brunei 20 August 1955, p.2; Robert Nicholl, “Some Problems in Brunei Chronology.’ Journal of Southeast Asian Studies. vol.XX no.2 1989, p 183, 197-198; John S. Carroll, “Brunei in the Boxer Codex,” Journal of the Malaysian Branch of the Royal Asiatic Society, vol.LV pt.2 1982, p.6; Hugh Low, ‘Selesilah of the Rajas of Bruni.’ p.8.

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Early records from Western sources regarding the law was in 1505 by a European explorer, Ludovico Varthema who recorded that at that time, the administration of Brunei law ran well and smoothly.118 In the 16th century, any criminal issues that could not be dealt with at the regional level, allowed the sultan to order for it to be brought forward to the central government. In implementing the law the Sultan of Brunei was assisted by Pengiran Bendahara and Pengiran Temenggung. 119 Other than Western sources, there are also local sources about the existence of the law in Brunei before 1906, which include the manuscript, Hukum Kanun Brunei.120 As with many

118 Robert Nicholl, (1975), European Sources for the History of the Sultanate of Brunei in the Sixteen Century. Penerbitan Khas, No.9, Brunei: Brunei Museum , p.3. 119 John S. Carroll, “Brunei in the Boxer Codex,” p.3; Pehin Orang Kaya Amar Diraja Dato Seri Utama (Dr.) Awang Haji Mohd Jamil Al-Sufri bin Begawan Pehin Udana Khatib Dato Seri Paduka Awang Haji Umar, Chatatan Sejarah Perwira-Perwira dan Pembesar-Pembesar Brunei (Historical Records of the Heroes and Aristocrats of Brunei) Vol. 2 p.113-156; Siti Zaliha Abd Salim, “Sistem Kehakiman Brunei Perbandingan dengan Sistem Kehakiman Islam (Brunei Legal System. A Comparison with the Islamic Legal System).” Islamic Studies Masters Thesis, Universiti Kebangsaan Malaysia Bangi, 1992, p. 461- 572. 120 Hukum Kanun Brunei referred from a text written in jawi, believed to be an original. This text is contained in microfilm ACC No.0635 at the Brunei Department of Museum. This manuscript was later romanised by Pehin Orang Kaya Amar Diraja Dato Seri Utama (Dr.) Awang Haji Mohd Jamil Al-Sufri bin Begawan Pehin Udana Khatib Dato Seri Paduka Awang Haji Umar in his book Chatatan Sejarah Perwira-Perwira dan Pembesar-Pembesar Brunei (Historical Records of Heroes and Aristocrats of Brunei) Vol. 2. R.O.Winstedt, “Brunei Code,” Papers Relating to Brunei. Kuala Lumpur: The Malaysian Branch of the Royal Asiatic Society, 1998, hm.27 96

traditional Malay manuscripts, the name of the author and the date of publication of this text is not written. Nevertheless, this text contains many similarities with the Hukum Kanun Melaka. Because Hukum Kanun Melaka had been written earlier, many scholars believed that the Hukum Kanun Brunei was based on the Hukum Kanun Melaka. Copying in traditional Malay literature is common. Other states in the region, such as Johor, , and Pontianak also did the same.121 Some researchers believe that the Hukum Kanun Brunei (Bruneian Civil Codes) has already existed since Sultan ’s reign. Signs of its birth could be traced to Spanish sources of the 16th century which coincided with his reign. According to this source, Sultan Saiful Rijal appointed four legal executors who were the Bendahara, Temenggung, Pengiran Digadong and Syahbandar. Thus, the Spanish record could be said was in line with what was recorded in the Hukum Kanun Brunei.122 The existence of this law could also be said

121 Liaw Yock Fang (ed.), Undang-undang Melaka. The Hague: Martinus Nijhoff, 1976, p.62; R.O.Winstedt, ‘A Brunei Code.’ p.27; Muhammad Yusoff Hashim, “Kesultanan Melayu Melaka: Pemikiran mengenai Undang-undang (The Malaccan Malay Sultanate: Thoughts on the Law) ,” Historia. Muhammad Abu Bakar, Amarjit Kaur, Abdullah Zakaria Ghazali, (ed.) Kuala Lumpur: The Malaysia Historical Society, 1984, p.196; Metassim Haji Jibah, ‘Catatan mengenai Hukum Kanun Brunei.’ Bahana. Brunei Oktober-Disember 1980, p.47.

122 Carroll, ‘Brunei in the Boxer Codex.’ p.6; Pehin Orang Kaya Amar Diraja Dato Seri Utama (Dr.) Awang Haji Mohd Jamil Al-Sufri bin Begawan Pehin Udana Khatib Dato Seri Paduka Awang Haji Umar, Chatatan Sejarah Perwira- Perwira dan Pembesar-Pembesar Brunei (Historical Records of Heroes and Aristocrats of Brunei) Vol. 2 p.113; Siti 97

to have happened in his reign because the Hukum Kanun dan Resam (Civil Codes and Customs) became a guide and there were efforts to implement it. This theory is strengthened further with the Spanish sources reporting that the teachings in the Al-Quran were observed by the society in Brunei during his reign. With such deep observation, it allowed them to draw up a law that was in accordance to the al-Quran which had earlier been founded by Sultan Sharif Ali. The contents of the law clearly included Islamic characteristics as well as customary laws. On a further note, there were some that argued that the Hukum Kanun Brunei came into existence during the reign of Sultan Muhammad Hassan because it was he who was said to have completed the administrative system and customs of Brunei. Furthermore, His Majesty was known as “Seri Paduka Al Adil” as was recorded in the very same Hukum Kanun Brunei. This opinion was based on the close ties that he had with the state of Pahang. In this peaceful relationship, it was said that Sultan Hassan took the opportunity to copy the Hukum Kanun Pahang (Pahang's Civil Codes) which coincidentally, Pahang had earlier copied from the Hukum Kanun Melaka

Zaliha Abd Salim, “Sistem Kehakiman Brunei Perbandingan dengan Sistem Kehakiman Islam (Brunei Legal System. A Comparison with the Islamic Legal System).” p. 462. 98

(Malaccan Civil Codes). 123 Hukum Kanun Brunei could be said to have continued to exist in the Brunei administrative system in the 17th century when it was found to have been held by Sultan Abdul Jalilul Akbar as His Majesty was giving advice to his prince Sultan Abdul Jalilul Jabbar. His Majesty advised;

…And whatever state law is the four Wazirs with the Ceteria, giving your along with the customs according to law, traditions and syara’ (Islamic law)…124

In the early 19th century, Hukum Kanun Brunei continued to be implemented by the sultan with the assistance of Pengiran Bendahara and Pengiran Temenggung along with a few Ceteria and ministers at the central government level. The government worked hard to implement the law justly. This was clearly admitted by Peter Leys when he mentioned; even though the Brunei government was slow to settle public criminal cases in

123 Dato Paduka Seri Setia Prof. Dr. Haji Awg Mahmud Saedon bin Awg Othman, “Kanun Brunei: Faktor Kajian Penerapan Syariah Islam di Brunei,” p.35; Graham Saunders, A History of Brunei. p.60; Pehin Orang Kaya Amar Diraja Dato Seri Utama (Dr.) Haji Awang Mohd. Jamil al-Sufri, 1990, Tarsilah Brunei Sejarah Awal dan Perkembangan Islam, p.55-56; Siti Zaliha Abd Salim, “Sistem Kehakiman Brunei Perbandingan dengan Sistem Kehakiman Islam,” p. 552.

124 Siti Zaliha Abd Salim, “Sistem Kehakiman Brunei Perbandingan dengan Sistem Kehakiman Islam (A Comparison of the Brunei and Islamic Legal Systems,” ibid. p.14, 88. 99

the 19th century, but when a criminal is caught, he will be punished justly.125 According to James Brooke, in that century one of the heaviest sentences that could be served according to the law of Brunei was death for treason.126 Treason against the kingdom was not only rebelling against the sultan, but these acts could also jeopardize the peace and harmony of the country.

Hukum Kanun Brunei contains fifty chapters.127 Twenty three of these contain Islamic characteristics and the rest contain characteristics of customary law. Hukum Kanun Brunei was found to cover almost all aspects of common law in Brunei society. Some of the crimes covered included murder, theft, adultery, marriage, land disputes, livestock and others. There was a mixture of Islamic and customary laws because not all the people of Brunei in the 19th century were Muslims, and it

125 John C. Templer (ed.), (1853), The Private Letters of Sir James Brooke, Raja Of Sarawak, Narrating the Events of His Life From 1838 to the Present Time. Vol.I, London: Richard Bentley, New Burlington Street. p.125

126 James Brooke, Letters from Borneo with Notices of the Country and its Inhabitants. London: L and G. Seeley 169, Fleet Street, 1842, F.O. 12/1; Consul General Leys to Foreign Office, 14 December 1885, Labuan, C.O. 144/59; D.E. Brown, “Sultan Mumin’s Will and Related Documents.” Brunei Museum Journal. vol.III no.2 1974, p.159 127 According to the writer’s count, there exist forty six chapters that contain numbers and four more without, but the writer considers these as the chapters in Hukum Kanun Brunei, totalling fifty chapters.

100

could also be said that a majority of them were not. As such, it was only fair that the Brunei government allocated special laws for its citizens who were not Muslims.

Below is an example of the sentence for adultery in the Hukum Kanun Brunei as contained in the 12th chapter:

…It is mentioned in Allah’s law that the married adulterer must be punished by throwing stones (at him/her). Thus is the custom for an adulterer who is muhsin (married) either man or woman...128

The forty-second chapter allocated: Here is stated the types of adultery, the muhsin who is legally married, either man or woman. And the non-muhsins are those married but underaged males or women who have never been married. Thus the muhsin is sentenced to be thrown stones at until death, the non-muhsin is limited to a hundred lashings and exiled for one year..

128 Pehin Orang Kaya Amar Diraja Dato Seri Utama (Dr.) Awang Haji Mohd Jamil Al-Sufri bin Begawan Pehin Udana Khatib Dato Seri Paduka Awang Haji Umar, Chatatan Sejarah Perwira-Perwira dan Pembesar- Pembesar Brunei (Historical Records of Heroes and Rulers of Brunei), Dewan Bahasa dan Pustaka, Bandar Seri Begawan, 1973, p.122 101

For male and female slaves are limited to only half the sentence, of fifty lashings.

The adulterer may only be sentenced with the oath of four male witnesses who had seen the adulterer commit the act of penetration. If there are only two witnesses stating they saw the act of adultery from different angles, thus there is no clear sentence for adultery except if all four witnesses state the same.129

In the Hukum Kanun Brunei it is clearly stated that the Sultan of Brunei had the power to pardon certain criminal acts as recorded in the sixth chapter:

None should be pardoned by any judges except for three crimes, the first for murder, the second for taking another man’s wife, and the third for running rampant, and no minister can pardon the offender except for the king. 130

The offences above were considered the biggest crime that it

129 Ibid, p.154 130 Ibid. p.117 102

required the Sultan’s pardon. Other than that, any sentences especially heavy ones such as for murder must be administered by the country’s dignitaries must first obtain the approval of the Sultan. For example, Pengiran Muhammad who lived in Membakut was killed in 1852. His murderer ran away to Kampong Burung Pingai. The murderer was protected by the local villagers and could not be brought to justice. However, in 1859, the murderer was finally caught by Pengiran , one of the followers of Pengiran Muhammad. Pengiran Sulaiman did not dare to adjudge any sentence on the criminal until Sultan Abdul Momin ordered his death sentence.131 However, there were certain allocations in the law that allowed dignitaries to give out sentencing without first referring to the Sultan, but it must be carried only under certain circumstances.132 The sentences that were adjudged on offenders in the 19th century were in line with laws in the Hukum Kanun Brunei, for example the sentence to chop off the hands for stealing133

131 Spenser St John, (1974), Life in the Forests of the Far Eas. Vol.II.. Kuala Lumpur: Oxford University Press, 1974, p.17. 132 Ibid. p.116. 133 Mundy, Rodney, (1848), Narrative of Events in Borneo and Celebes Down to the Occupation of Labuan from the Journals of James Brooke, ESQ Rajah of Sarawak and Governor of Labuan. Vol.I, London: John Murray, Albermarle Street, p.50; R.O. Winstedt, “A Brunei Code,” p.27. 103

which had once been executed during the reign of Sultan Abdul Momin. An incident occurred when a British war ship headed by W.H.Treacher arrived in Brunei. When the ship docked, three thieves broke in and was successful in getting away with a golden watch and a shotgun. Treacher described the theft when he was in a meeting with Sultan Abdul Momin. Later, Sultan caught the thieves after Treacher had left for Labuan. The stolen items were returned to Treacher along with a letter informing him that the three offenders involved in the crime had been sentenced to have their hand chopped off.134 Other heavy sentences for robbery and and murder were also executed during the reign of Sultan Abdul Momin. Maidin,135 the son of a Brunei dignitary carried out robberies and murders with his Bajau men on a few Chinese merchants who were carrying out trade activities between Brunei and Labuan. This crime was carried out for two years, around 1874-

134 W.H. Treacher, “: Sketches of Brunei Sarawak, Labuan and North Borneo.” Journal of the Straits Branch of the Royal Asiatic Society. Vol.XXI Pt.2 1890, p.40, 135 According to letter from Muhammad Kassim, an agent of the British Consulate in Brunei to Governor Ussher in Labuan dated 1 November 1876, Maidin was a Brunei Malay of the Pengiran lineage, and thus his real name was Pengiran Maidin. He had a close relationship with Pengiran Temenggung Hashim and Pengiran Pemanca because these two Pengiran’s official seals were in the safekeeping of Pengiran Maidin. A.C. Watson, “Letters from Brunei Inche Mahomed’s Consular Reports 1866-1890.” Brunei Museum Journal. Vol. Vd No.4 1984, p.99, 104-105. 104

1875. Finally, Maidin whose centre of operations was in Mempakul, was captured. Even though Maidin’ father was a favourite dignitary by the Sultan and two other dignitaries, Pengiran Temenggung Hashim and Pengiran Pemanca, death by hanging was executed on Maidin in December 1876.136 Albeit the sentences that were implemented by the Brunei kingdom at that time seemed very heavy, they were considered fair to serve a lesson to criminals, and consequently led to the peace and harmony in the nation.

136 W.H. Treacher, ‘British Borneo: Sketches of Brunei, Sarawak, Labuan and North Borneo,’ p.41; A.C.Watson, ‘Letters from Brunei.’ p.99, 107. 105

CHAPTER 19

CONCLUSION

From this observation, it could be seen that MIB which became the country’s concept in 1984 has actually existed since even before 1906. MIB characteristics in the period between 1386, which was the Islamization of Awang Alak Betatar until 1906 could be traced through the existence and role of race, language, Islam, the monarchic institution, customs and laws. In terms of race and language, it is clear that the Malay race is one of the components of MIB before 1906, and has appeared since tens of thousands of years ago. The Malay society, including in Brunei are the users of the Malay language that originated from the Malay Archipelago, and not the south of China nor Taiwan. On the other hand, Islam has long existed amongst the lower Brunei society since even the 10th century. The MIB traits became more prominent after 106

Awang Alak Betatar as the king of Brunei at that time embraced Islam, which was later followed suit by his subjects, and this itself made Brunei an Islamic Malay Sultanate. The light of Islam was not only upheld by the Sultans of Brunei until 1905, but also garnered the cooperation and strong support from the missionaries and the people until it strongly became a way of life for the people of Brunei. This situation continued up until they faced obstacles from the Spanish at the end of the 16th century and from the English at the end of the 19th century. The Monarchic Institution of the Sultans of Brunei held an important role in strengthening and developing the customs of Brunei society until it became a part of the characteristics of MIB prior to 1906. This could be seen in the customs of Adat Istiadat Berpuspa (coronation), bestowing titles (knighting), marriage and death. Even though these customs were not essentially laws, but because they were commonly practised in the Bruneian society, there stemmed various laws that made them not adhered to. Furthermore, they contained positive values that could guide the Bruneian society to integration and peace. The customs that are contained in the MIB traits before 1906 had been cultivated in the Bruneian society, not only amongst the royalty and nobility, but also the grassroots of 107

society. Some of the customs practised by the Bruneian society also became laws such as customs related to farming and family affairs. However, the laws of the country which are important traits of MIB become the symbol of sovereignty of the ruler. Further more in this context, they were adapted with Islamic characteristics as was mentioned in Hukum Kanun Brunei, which is believed to have existed since the 16th century. With that, the laws which contained rules governing traditions and Islam have carried the MIB traits even before 1906. 108

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ARTICLES AND PAPERS

Abdullah Jumain Abu Samah, Dr, “Tanah Asal Etnik dan Bahasa Melayu-Polynesia: Dari Taiwan?”, Berita Harian online. Anjuran Institut Alam dan Tamadun Melayu, Universiti Kebangsaan Malaysia, Mac 2011. 20/4/2011.

Abdul Latif bin Haji Ibrahim, “Peranan Rumah-Rumah Perkumpulan dalam Masyarakat Melayu Brunei”. Ikhtisar Budaya. Bandar Seri Begawan: Dewan Bahasa dan Pustaka, 1982.

------“Sejarah dan Tradisi di Brunei: Masalah Pembentukan Semula”, Kertas Kerja Seminar Sejarah Brunei. Anjuran Jabatan Pusat Sejarah Brunei, 28-30 Ogos 1989.

Ahmad Ibrahim, “Kedudukan Undang-Undang Islam dalam Masyarakat Melayu”, Kertas Kerja Seminar Islam dan Kebudayaan Melayu di Universiti Kebangsaan Malaysia, 1976.

Amin Sweeney, P.L. (ed.), “Silsilah Raja-raja Berunai teks “B”, Journal of the Malaysian Branch Royal Asiatic Society. Vol.XLI Pt.2, 1968.

Blumentritt, Frederick, “Spain and the Island of Borneo”, Brunei Museum Journal. Vol. IV No.1, 1977.

Brown, Carrie, “An Early Account of Brunei by Sung Lien”, Brunei Museum Journal. Vol.II No.4, 1972.

------“The Eastern Ocean in the Yung-lo Ta-tien”, Brunei Museum Journal. Vol.IV No.2,1978.

------”Two Ming texts concerning King Ma-na-je- chia-na of Po-ni”, Papers Relating to Brunei. Kuala Lumpur, The Malaysian Branch of the Royal Asiatic Society, 1998. 115

Brown, D.E., “Sultan Mumin’s Will and Related Documents”, Brunei Museum Journal. Vol.III No.2, 1974.

------“Hiranyagarbha the Hindu Cosmic Egg and Brunei’s Royal Line”. Brunei Museum Journal. Vol.IV No.4, 1980.

------“Brunei the Structure and History of a Bornean Malay Sultanate”, Monograph of the Brunei Museum Journal Brunei. Bandar Seri Begawan: Muzium-Muzium Brunei, 1970.

Carroll, John S, “Brunei in the Boxer Codex”, Journal of the Malaysian Branch of the Royal Asiatic Society. Vol.LV Pt.2, 1982.

Dato Paduka Seri Setia Prof. Dr. Haji Awg Mahmud Saedon bin Awg Othman, “Kanun Brunei: Faktor Kajian Penerapan Syariah Islam di Brunei”, Kertas Kerja Seminar Sejarah Brunei II. Anjuran Pusat Sejarah Brunei, 28 Rabiulawal – 1 Rabiulakhir 1416 (25-28 Ogos 1992).

Haji Ismail bin Haji Abd Manap, “Masjid Wadah Kepimpinan Raja: Pengamalan Negara Brunei Darussalam”, Kertas Kerja Seminar Masjid Negara Brunei Darussalam. Anjuran Jabatan Hal Ehwal Masjid, Kementerian Hal Ehwal Ugama, 2004.

Haji Mohd Yusop bin Haji Awang Damit, “Kerajaan Brunei Sebelum Abad ke 20”, Kertas Kerja Seminar Kesultanan Melayu Brunei sempena Majlis Konvokesyen ke-15 Universiti Brunei Darussalam.

Hajah Joriah binti Haji Metali, “Dato Haji Ahmad”. Pusaka. Berita Jabatan Pusat Sejarah Brunei. Bil.1. Bandar Seri Begawan: Pusat Sejarah Brunei, 1988.

Hugh Low, “Selesilah (Book of Descent) of the Rajas of Bruni”, Journal of the Straits Branch of the Royal Asiatic Society. Vol.V. Singapore, Jun 1880.

______“Letters from Brunei Inche Mahomed’s Consular 116

Reports 1866-1890”, Brunei Museum Journal. Vol.V No.4, 1984.

Leyden, “Sketch of Borneo”, Asiatic Journal. Vol.II No.3 XI-XIV 1816-1817.

Matusin Omar, “Islam di Brunei: Dari Perspektif Akiologi”, Karya. Persatuan Asterawani, Jil.1 Bil.1. Brunei, 1979.

Metassim Haji Jibah, “Catatan Mengenai Hukum Kanun Brunei”, Bahana. Bandar Seri Begawan: Dewan Bahasa dan Pustaka. Oktober-Disember 1980.

Mohd Raus Haji Mohd Amin, “Hikayat Negeri Brunei”, Salam. Brunei, 20 Ogos 1955.

Nicholl, Robert, “The Tomb of Maharaja Karna of Brunei at Nanking”, Brunei Museum Journal. Vol.V No.4, 1984.

------“Relations Between Brunei and Manila”, Brunei Museum Journal. Vol. IV No.1, 1977.

------“Brunei Rediscovered: A Survey of Early Times”, Journal of Southeast Asian Studies. Vol.XIV No.1, Mac 1983.

------“Some Problems in Brunei Chronology”, Journal of Southeast Asian Studies. Vol. XX No.2,1989.

Pengiran Dato Seri Setia Dr. Haji Mohammad bin Pengiran Haji Abd. Rahman, “Kemasukan Islam ke Brunei Darussalam dan Undang- undangnya”. Sejarah Penubuhan Mahkamah Syariah Negara Brunei Darussalam. Jabatan Kehakiman Negara, Jabatan Perdana Menteri, 2005.

Pg Ahmad Pg Mohd Yusof, “Gelaran Majlis Beristiadat dan Peraturannya”, Ceramah Adat Istiadat. Anjuran Kementerian Kebudayaan Belia dan Sukan, 1995.

Pehin Jawatan Dalam Seri Maharaja Dato Seri Utama Dr.Haji Awang 117

Mohd. Jamil Al-Sufri, “Suatu Tinjauan Terhadap Istiadat Berpuspa Brunei”, Buku Kemerdekaan 25 Tahun, Kumpulan Artikel Sejarah Memperingati 25 Tahun Kemerdekaan Negara Brunei Darussalam. Bandar Seri Begawan: Yayasan Sultan Haji Hassanal Bolkiah dan Persatuan Sejarah Brunei, 2012.

Pehin Jawatan Luar Pekerma Raja Dato Seri Utama Dr. Ustaz Haji Mohd Zain bin Haji Serudin, “Pandangan Islam Mengenai Pendidikan”, Kertas Kerja Seminar Pendidikan. Anjuran Persatuan Guru-guru Melayu Brunei, 30 Oktober – 1 November 1981.

P.M. Shariffuddin & Abd Latif Haji Ibrahim, “The Genealogical Tablet (Batu Tarsilah) of the Sultans of Brunei”, Brunei Museum Journal. Vol.III No.2, 1974.

P.M.Yusof, “Adat Istiadat Diraja Brunei Darussalam”, Brunei Museum Journal. Vol.3 No.3, 1975.

Sanib Said, “Pembentukan Kerajaan Brunei Lama: Huraian Teori Penghijrahan”, Seminar Antarabangsa: Bahasa, Kesusasteraan dan Kebudayaan Melayu. Bandar Seri Begawan: Universiti Brunei Darussalam, 3 - 8 Ogos 1986.

Ranjit Singh, D.S,, “The Development of Native Administration in Sabah 1877-1946”, Commemorative History of Sabah 1881-1981. Sabah: State Government, 1981.

Singh, Saran, “The Coinage of the Sultanate of Brunei 1400-1980”, Brunei Museum Journal. Vol.IV No.4, 1980.

Siti Madihah Ahmad Mahir, “Menyanggah Teori Melayu-Polynesia dari Taiwan”, Berita Harian online. 20/4/2011.

Treacher, W.H., “British Borneo: Sketches of Brunei Sarawak, Labuan and North Borneo”, Journal of the Straits Branch of the Royal Asiatic Society. Vol.XXI Pt.2, 1890.

______“The Geographical Group of Borneo, General 118

Considerations on the Island”, The Journal of the Indian Archipelago and Eastern Asia. Vol.II. Singapore, 1848.

Wan Hashim Wan Teh, “Istana sebagai Pusat Perkembangan Tamadun Melayu”, Prosiding Seminar Antarbangsa Kesultanan Melayu Brunei di Nusantara. Vol. I. Bandar Seri Begawan: Akademi Pengajian Brunei, Universiti Brunei Darussalam, 1996.

Watson, A.C., “Letters from Brunei Inche Mahomed”s Consular Reports 1866-1890”, Brunei Museum Journal. Vol.V No.4, 1984. Winstedt, R.O., “Brunei Code”, Papers Relating to Brunei. Kuala Lumpur: The Malaysian Branch of the Royal Asiatic Society, 1998.

Wu Zong Yu, “Bahan-bahan Brunei dalam Sumber China”, Kertas Kerja Seminar Sejarah Brunei II. Anjuran Jabatan Pusat Sejarah Brunei, 28 Rabiul Awal – 1 Rabiul Akhir 1416 / 25 - 28 Ogos 1995.

JOURNALS

Haji Awg Asbol bin Haji Mail, “Perajaan (Kingship) Kesultanan Brunei: Konsep Dewaraja, Daulat dan Derhaka Satu Sorotan”, Jurnal Darussalam. Bandar Seri Begawan: Pusat Sejarah Brunei. Bil.7. 2007.

Nik Hassan Shuhaimi Nik Abd Rahman, “Melayu, Warisan Tamadunnya Pemangkin Pembinaan Melayu Mahawangsa”, Melayu Jurnal Antarbangsa Dunia Melayu. Jil.5 Bil.2. Dis 2006.

______“Peranan Bahasa Melayu dalam Mendukung Konsep Melayu Islam Beraja”, Beriga. Januari-Mac. Bandar Seri Begawan: Dewan Bahasa dan Pustaka, 1991.

Sanib Said, “Sejarah Kesultanan Brunei: Menginsafi Melayu Islam Beraja (MIB)”, Janang. Warta Akademi Pengajian Brunei Unversiti Brunei Darussalam. Bil.2. Mac 1994.

119

UNPUBLISHED SOURCES

MANUSCRIPTS

Manuskrip jawi Syair Awang Semaun No. 000057 yang disimpan oleh Dewan Bahasa dan Pustaka Brunei. Syair Awang Semaun. BM/31/1975 yang disimpan oleh Jabatan Muzium Brunei.

MICROFILMS

Mikrofilem ACC No.0635 Jabatan Muzium Brunei.

THE FILES OF COLONIAL OFFICE (CO) AND FOREIGN OFFICE (FO) OF THE BRITISH GOVERNMENT IN MICROFISH

Article III of the Protectorate Agreement between Brunei and the British government Appendix IV F.O 12/130.

Commission from Sultan of Brunei appointing Gustavus Baron de Overbeck Maharajah of Sabah (North Borneo) and Raja of Gaya and Sandakan 29 December 1877, C.O. 874/54.

Consul General Leys to the Marquis of Salisbury, Labuan 24 February 1887, F.O. 12/76.

Consul General Leys to Foreign Office, 14 December 1885, Labuan, C.O. 144/59.

E. Hertslet, Memorandum Respecting the Status of Rajah Brooke of Sarawak and as to his right to be traited as an Independent Sovereign Prince, 29 December 1876, F.O. 12/59.

Highness Sultan Abdul Momin of Brunei to His Excellency C.C.Leys, Governor of Labuan and Consul General for Borneo, Brunei 2 Rabiulakhir 1298 (3 March 1881).

120

James Brooke, Letters From Borneo With Notices of the Country and Its Inhabitants. London: L and G Seeley 169, Fleet Street, 1842, F.O.12/1.

Spenser St John, Acting Commissioner to the Viscount Palmeston, Foreign Affair, 1 June 1851, F.O. 12/9.

The Sultan of Brunei to Consul General Leys, Brunei, 29 Sapar A.H. 1304 (27 November 1886), F.O. 572/18.

The Sultan of Brunei to Her Majesty the Queen, Brunei 14 Jamadil Akhir A.H. 1304 (8 February 1887) F.O. 572/18.

TESIS Abdul Hamid Jaludin, “Syair Awang Semaun Sebagai Epik Bangsa Melayu Brunei”, Tesis Ijazah Sarjana Sastera. Jabatan Pengajian Melayu Universiti Malaya, 1995/1996.

Hajjah Rashidah bte Haji Mohd Hanifah, “Adat Istiadat Kebesaran Brunei: Pengurniaan Gelaran Menurut Perspektif Islam”, Tesis Ijazah Sarjana Sastera. Fakulti Sains Kemasyarakatan dan Kemanusiaan, Universiti Kebangsaan Malaysia, Bangi, 1998.

Siti Zaliha Abd Salim, “Sistem Kehakiman Brunei Perbandingan dengan Sistem Kehakiman Islam”, Tesis Ijazah Sarjana Pengajian Islam. Universiti Kebangsaan Malaysia Bangi, 1992.

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THE AUTHORS

DR. HAJI AWANG ASBOL BIN HAJI MAIL Dr. Haji Awang Asbol is currently an Associate Professor in the History and International Studies Program at the Faculty of Arts and Social Science, Universiti Brunei Darussalam. He obtained his PhD in History from the University of Malaya. His research interests include the political and socio- cultural history of Brunei Darussalam, Malay Islamic Monarchy, and the history of the traditional Malay Sultanate and Southeast Asia. He has published several books on history.

AMPUAN DR. HAJI BRAHIM BIN AMPUAN HAJI TENGAH Ampuan Dr. Haji Ibrahim is currently an Associate Professor at the Faculty of Arts and Social Science, Universiti Brunei Darussalam. He has held among other posts in the universiti, the Dean of Student Affairs, the Dean of the Faculty of Arts and Social Science and the Director of the Academy of Brunei Studies. He obtained his PhD in Malay Literature from Universiti Kebangsaan Malaysia. His research interests include Modern and Classic Brunei Malay Literature, Melayu Islam Beraja and the Socio-Culture of the Malay community in this country. He 122

has published and presented many papers and published a number of books throughout his career.

DR. NANI SURYANI BINTI HAJI ABU BAKAR Dr. Nani Suryani binti Haji Abu Bakar is currently a lecturer in History and International Studies Program at the Faculty of Arts and Social Science, Universiti Brunei Darussalam. She obtained her PhD in History from University of Leeds in 2006. Her research interests are History, Socio- economic and Politic of Brunei Darussalam, Malaysia and Southeast Asia

DR ASIYAH AZ-ZAHRA BTE AHMAD KUMPOH Dr Asiyah az-Zahra is currently a lecturer in History at the Faculty of Arts and Social Science, Universiti Brunei Darussalam. She obtained her PhD in Sociology from the University of Leicester, UK with a theis entitled “Conversion to Islam: the case of the Dusun Muslim Converts in Brunei Darussalam” in 2011. Currently her research focus is on the traditional history and modernisation in Brunei Darussalam, ‘Brunei Diaspora’ and the evolution of religious development, ethnic identity and culture in Southeast Asia. 123

DR. HAJI TASSIM BIN HAJI ABU BAKAR Dr. Haji Tassim bin Haji Abu Bakar is a Senior Lecturer at Academy of Brunei Studies since 2014 and is currently the Deputy Director at the Academy of Brunei Studies at University Brunei Darussalam. He received his PhD from the Department of Southeast Asian Studies, Universiti Malaya, Malaysia in 2012 with a thesis evaluating “The Impact of Transfer of Inhabitants of Brunei’s Iconic Kampong Ayer (Water Village) to Land Settlements”. His area of specialization is on socio- culture and settlement with reference to Kampong Ayer and Melayu Islam Beraja.

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