The Malacca Legislative System – iCaption

MUZIUM ISTANA KESULTANAN MELAKA / MELAKA SULTANATE PALACE MUSEUM

THE MALACCA LEGISLATIVE SYSTEM

There were two traditional legal texts during the era of the Malacca Sultanate. They were the Malacca Penal Code and the Malacca maritime Laws which were the earliest books on the Malay legal system. The existing legislative system was proof that Malacca at one time was a prosperous Kingdom, complete with its rule and regulations. It was a catalyst to the stability of the Malacca government then. Malacca at the time was huge empire and colonized many territories. Many of these territories, such as Johore and kedah were influenced by Malacca, and practiced similar laws.

The Laws of Malacca (The Malacca Penal Code)

The Malacca Sultanate Penal code was a legal text used during the era of the Malacca Sultanate and displays the powers of the Sultans. According to the Malay Annals, in the early days, the Malacca Penal Code was written during the reign of Sultan Muzaffar Syah and amended during the time of Sultan mahmud Syah. In general, it discussed matters relating to crime, muamalah and munakahat, as well as the rules of governance. It was not written systematically, and there were additions in several laws. There have also been additions from Muslim and Hindu laws. Even so, the influence of Islam is obvious in the Malacca Penal Code, especially in laws on marriages and trade.

Malacca Maritime Laws

The Malacca Maritime Laws determined the rules of a sea journey. It was also known as the Adat Pelayaran Melaka, Kitab Peraturan pelayaran and Hukum Undang-Undang laut. The Maritime laws were important as Malacca was directly involved in international shipping trade. They were used to resolve any problems related to the seas, and contained regulations on all sales procedures on board ship, rules of sailing, areas of jurisdiction and duties of ship officials. They also covered the customs and tax system, as well as the responsibilities and powers of the Syahbandar.

Name Roles and Duties

SULTAN

As Head of State and the Absolute Authority in Administration

To ensure the safety of the People and the State

To be a symbol of the unity and sovereignty of the realm

Conducting diplomatic relations with foreign entities

BENDAHARA

Head of Administration and Chief Advisor to the Sultan in the government

Become Acting Head of State for the government when the Sultan goes abroad

Become Chief of Staff of the Navy and Army during a war

Carry out all punishments except the death penalty

Appointing the Sultan's successor, leading the ceremonial customs, and guarding the royal instruments of power

TEMENGGUNG

Ensuring that laws are carried out properly

Solving minor criminal cases

Become an escort when the Sultan leaves for anywhere on elephant-back

Responsible for arranging the procedures and seating in the Sultan's ceremonies

Determining the correct and fair measurements and scales in the market

PENGHULU BENDAHARI

Duty akin to a 'Minister of Finance' for the government of Melaka

Collects taxes and takes care of government assets

Become the head of customs for ceremonies and royal events at the Palace

Leading the state treasury and as the chief over the Syahbandar of Melaka port, as well as managing the Sultan's retinue

SYAHBANDAR

Admiral or Supreme Chief of the Navy

Protecting the waters of Melaka and thus its trade routes

The Sultan's bodyguard

Responsible for taking care of royal dignitaries and special guests

As the highest official envoy and ambassador when sent to a foreign country

LAKSAMANA

Manage the permits for doing business with the consent of the Bendahara

Overseeing the shipping system and its regulations

Streamlining and implementing tax collection at source

Supervising the affairs of the shipmasters, the markets and also orphans

Enforcing regulations, supervising the storage of goods in warehouses, as well as residences

Preserving the welfare and interests of all traders

Maklumat Lanjut / More Info

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