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Pertanika J. Soc. Sci. & Hum. 20 (3): 683 - 694 (2012) SOCIAL SCIENCES & HUMANITIES Journal homepage: http://www.pertanika.upm.edu.my/ The Terengganu State Legal Text of 1911 Analysis of Islamic Influence in Statecraft and the Authority of the Ruler in a Malay State Hashim Musa Department of Malay Language, Faculty of Modern Languages and Communication, Unversiti Putra Malaysia, 43400 Serdang, Selangor, Malaysia ABSTRACT The Terengganu state legal document ItqânAl-mulûkbi Ta`dîlAl-sulûk: Undang-Undang bagi Diri Kerajaan Terengganu is a printed text ordered to be written by the then ruler of Terengganu Sultan Zainal `Abdin the Third, dated 11th Zulqa`idah 1329 (H) or 2nd November, 1911. It comprises of an introduction, 53 articles and a conclusion. The contents clearly show a strong Islamic influence in the formulation of legal text pertaining to statecraft, while still maintaining some forms of Malay state tradition in several features. It also clearly indicates that this particular law was ordered to be written by the Sultan to resist the encroaching influence of the European colonial powers in the Malay world, particularly in the state of Terengganu at the end of the 19th Century and early 20th Century. This paper will not seek to discuss details of the contents of the legal text but focuses on only two aspects, namely, the extend of the Islamic influence in the legal text, and the particular clauses that gave the full authority and legal right to the present Sultan vis-a-vis the Constitution of Malaysia to appoint or reject any candidate to the office of Menteri Besar or the Chief Minister. The research methodology used was the content analysis of the text. Keywords: Legal text, statecraft, constitution, federation, unitary government, Terengganu state INTRODUCTION Purpose of the Study The laws of the state of Terengganu or the Itqân al-mulûk bi ta`dîl al-sulûk: ARTICLE INFO Article history: Undang-Undang bagi Diri Kerajaan Received: 14 June 2010 Terengganu (henceforth referred to as Accepted: 13 July 2011 Undang-Undang Terengganu) dated back E-mail address: [email protected] (Hashim Musa) to 11th Zulqa`idah 1329 H or 2nd November, ISSN: 0128-7702 © Universiti Putra Malaysia Press Hashim Musa 1911 C.E. is a printed text ordered to they contravene this prohibition, be written by the ruler of Terengganu then they are considered as traitors Sultan Zainal `Abidin III (1881 – 1918). It and the government shall punish comprises of an Introduction, 53 Clauses them accordingly.” and a Conclusion. The contents reflect the strong Islamic influence in the formulation The idea to investigate Terengganu’s of legal statecraft in a traditional Malay traditional canon of law was motivated state, whilst still maintaining some forms by an interesting event which occurred of the Malay state tradition in several immediately after the previous Malaysian features. The Undang-Undang Terengganu General Election held in March 2008. The was ordered to be written by the Sultan present day Sultan or Ruler of Terengganu to resist the encroaching influence of the rejected the candidate recommended by the European colonial powers in the Malay Prime Minister and Chairman of the ruling world, particularly in Terengganu. This is Barisan Nasional (BN) party for the office of evident from Article 14 Prohibition upon Menteri Besar (Chief Minister). The BN had the Ruler: won the majority of seats in the Parliament (140 against 82) and in the Terengganu State “It is not permitted and unlawful for Legislative Assembly (24 against 8) and thus the Ruler to come into agreement or formed the government. Even after much contrive to forgo or surrender the negotiation and consultation in and outside State and the government or any part the State Assembly, the Sultan (who is also thereof to any foreign government the present King or Yang Dipertuan Agong or any European powers or others.” of Malaysia) refused to budge, forcing the Prime Minister and the State Assembly to This is also mentioned in the Article 26 propose another candidate to the Sultan for Prohibition upon the Ministers and State consideration. This person was then sworn Advisory Councillors which specifies the into office by the Sultan. The question is prohibition upon all senior office bearers whether there is a provision in the Undang- of the state: Undang Terengganu that gives a complete “It is not permitted and unlawful authority to the Sultan and to override the for all Ministers and Members Federal Constitution as was expounded 32 of the State Advisory Council to years earlier, which states that: contrive or to come into agreement “In the exercise of his functions with any nation or government under the state constitution… with the intention to surrender the Ruler (Sultan or Governor) the state and the government or to must act in accordance with the reduce the power and rights of the advice of the Executive Council government of Terengganu. Should 684 Pertanika J. Soc. Sci. & Hum. 20 (3): 684 - 694 (2012) The Terengganu State Legal Text of 1911 Analysis of Islamic Influence in Statecraft or a member of the Council acting Malik al-Salleh (696 A.H./1297C.E.), etc. under its (Council’s) authority…” (cf. Hashim Musa, 2006a, 2nd ed., pp. 84- (Tun Muhamed Suffian bin Hashim, 87). 1976, p. 76). The second significant fact about the edict is that it is the earliest Islamic law Thus, the first objective of this paper digest written in Malay in the Malay world, was to examine the particular clauses that implying that the Islamic law and practices gave the full authority and legal right to the had been promulgated in a Malay state present Sultan vis-a-vis the Constitution of specifically in the state of Terengganu about Malaysia to appoint or reject any candidate a hundred years before the foundation of the to the office of Menteri Besar or the Chief Malacca Sultanate. These two facts have Minister. The second objective of this strong impact on the formulation and writing paper was to find out the extent of the of the Undang-Undang Terengganu, which Islamic influence in the Undang-Undang will be discussed in the subsequent section. th Terengganu and how much of the Malay In the 18 Century, two major powers, traditional statecraft was retained. namely Siam and Britain, were exerting their This paper will analyze both the issues influences in the northern Malay Peninsula. and also some aspects of the language usage, The Siamese-Terengganu relationship was especially the use of the Arabic words in first established in 1765 on a friendly basis the text. and was not political. Initially, friendly gifts were exchanged including the sending The State of Terengganu in the Later Part of uftibungaemasdanperakor golden-silver of the 18th Century and the Early flowers tribute by Terengganu to the King th 19 Century of Siam. However, the Siamese began The famous stone edict or Batu Bersurat insisting that the sending of the tribute Terengganu, found in 1887 in the District to them was a mark of a vassal status on of Hulu Terengganu, is indeed a very the part of the kingdom of Terengganu in significant legal document to the state of return for political protection and as a mark Terengganu (Muzium Negeri Terengganu, of suzerainty of Siam. In 1787, Sultan 1992, Memorial Batu Bersurat). Mansur refused to continue submitting to Most importantly, the stone inscription the Siamese and began to establish a closer (dated 702 A.H / 1303 C.E.) is the earliest relationship with the British colonial power Malay text written in Jawi. Previously, by writing several letters to Capt. Francis all the Islamic inscriptions found in the Light in Penang requesting him to send war Malay world were written in Arabic, such ships to protect Terengganu. When Sultan as the Brunei gravestone (440 A.H./1048 Omar ruled Terengganu, he stopped sending C.E.), the Leran Surabaya gravestone (495 the golden-silver flower tributes to Bangkok A.H/1082 C.E.), the Pasai gravestone of and instead established closer ties with the Pertanika J. Soc. Sci. & Hum. 20 (3): 685 - 694 (2012) 685 Hashim Musa British by going to Singapore to meet the the state of (Kelantan), Terengganu, British Governor. In 1869, he sent a mission (Kedah, Perlis and adjacent island)” to London to cement the ties and to request (W.G. Maxwell & W.S. Gibson, ed., for a greater protection from the British 1824, p. 55, quoted in Muhammad against any aggression from Bangkok. In Yusoff Hashim, 1991, Ibid, 112). 1887 and 1889, however, during the reign of Sultan Zainal `Abidin III, King Rama This event cleared the way for the III of Siam visited Terengganu for the first British to enter those states and to exert time, on the pretext of establishing closer their influence directly. However, this was ties and more cordial relationship with vehemently opposed and rejected by the Terengganu. The Siamese King managed to Sultan of Terengganu who remarked to the exert pressure resulting in the continuation Strait Settlement Governor in Singapore of the sending of golden-silver flower gift by when he visited the Governor, as reported Terengganu (cf. Muhammad YusoffHashim, by J. Anderson, a British colonial officer 1991, p. 92). “…he (the Sultan) claimed that he had not At that time, the British colonial officers been informed of the Treaty (1909) and he were busy trying to place an advisor in (the Sultan) could not understand how Siam Terengganu in order to place state as a could transfer to Great Britain what it never part of the Federated Malay States which possessed” (Quoted in Muhammad Yusuf came under the British Protectorate. The Hashim, 1991, Ibid: 112).

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