392 



A notice of the Malayan Code. 



[Oct. 



of caste and religious observances, which constitute the prominent 

 characteristics of the Brahminical laws. At all events if this had ever 

 been the case, the influence of the Mahommedan religion, which pre- 

 vailed at so early a period at Malacca, would most effectually have 

 obliterated all traces of the worshippers of Brahm from pages destined 

 to be emblazoned with the Aiats of their own sacred volume. Local 

 necessity could have alone induced the followers of Islam to tolerate so 

 many of the regulations established by Malayan usage, the Adat 

 Maldyu d'hulu kdla. The law of inheritance is the same as enjoined 

 by the Koran ; the punishment for criminal offences generally more 

 severe. 



By Malays themselves their laws are supposed to be based on three 

 points, — the Hukum Shera, which is the law of Mahomed — the Hukum 

 Akl, cases not provided for, where the judge must be guided purely by 

 the general principle of justice and his own discretion— and, lastly, the 

 Hukum Adat, which is the law of old established custom and national 

 usage. The Hukum Shera, in all cases where it applies, must be 

 adhered to in preference to the others. 



In the code of the Javans (Suria Alem, Art. III.) it is remarked— 

 " The Tri-rdsa-updya, as known among men, comprehend three things 

 which are intimately connected with each other, but which nevertheless 

 must not be confounded, namely, first, Hukum; second, P^ rent ah; 

 third, Kasusahan. Where a sentence is very severe, or of a nature 

 which will not admit of its being fulfilled, a mitigation or commutation 

 thereof can only take place by a careful consultation of what is written 

 in the book of laws." The term PWentah, which signifies the edict of 

 the sovereign, and Kasusahan, signifying oppression, are here substitu- 

 ted for the word Adat which occurs in the Malacca code, and, as before 

 stated, means established usage. The substitution may be explained by 

 the oligarchic form of government which long prevailed in Java. 

 There are many copies of the code of Malacca to be found among the 

 natives of the peninsula, and, as in most other Oriental MSS. differences 

 will be found in all. The MS. I am at present engaged in translating 

 was selected for me, in 1834, from a number of others, by the late Sultan 

 of Johore, who was a lineal descendant from the ancient sovereigns of 

 Malacca. 



