From the past to the present: the enduring impact of Hukum Kanun Pahang (Pahang Laws) in Malaysian society

This research explores the historical evolution of the legal systems in Malaya, emphasizing the significance of understanding their historical context to fully grasp their principles and objectives. The study posits that elements such as Islam, the monarchy, and the status of Malays and the Malay language were established before British colonization and significantly influenced the development of the Federal Constitution. The paper examines pre-colonial and colonial legal frameworks, focusing on the Malay Sultanate, Islam, and Malay culture. It acknowledges the limitations of directly comparing historical laws to modern legal principles due to the differences in societal values and frameworks. While acknowledging the existence of earlier legal systems like the Melaka Laws (drafted during the reign of Sultan Muzaffar Shah, 1446–1456), and evidence of Islamic law implementation as early as the Terengganu Inscription (1303), the paper focuses on the Hukum Kanun Pahang as a significant example of an early Islamically-influenced legal framework. The Johor and Terengganu state constitutions, established in 1895 and 1911 respectively, are cited as examples of early modern constitutions showcasing the integral role of Islam and Malay traditions in governance. The British colonial era saw significant legal reforms, including the introduction of Charters of Justice in Penang and the establishment of distinct legislation for Islamic law, primarily focusing on marriage and divorce. This introduction sets the stage for a deeper examination of the Hukum Kanun Pahang and its enduring impact on the Malay Sultanate and Malaysia's legal landscape.

The paper draws on a wide range of sources including scholarly articles, books, government reports, policy documents, legal reports, and other materials related to the legislative framework of Pahang Laws in Malaysia. Key references include works examining the Melaka Laws, Terengganu Inscription, the Johor and Terengganu State Constitutions, and the impact of British colonial legal reforms. The authors analyze existing research on the Pahang Laws to understand its historical context, content, and impact rather than directly analyzing the Hukum Kanun Pahang manuscript itself. This approach allows for a comprehensive understanding of the Pahang Laws' development and influence within the broader Malaysian legal history.

This study is categorized as a theoretical article based on a thorough literature review. The researchers utilized a qualitative approach, examining various scholarly articles, books, government reports, and legal documents. The focus is on analyzing existing research related to the Pahang Laws to understand its historical context and impact on the Malay Sultanate. This methodology includes reviewing historical accounts of the Pahang Sultanate, the content of the Pahang Laws, and their influence on the later development of Malaysian law. The paper does not involve primary data collection through fieldwork or interviews, but rather synthesizes secondary sources to build a comprehensive understanding of the Pahang Laws and their lasting significance.

The Hukum Kanun Pahang (Pahang Laws), compiled around 1596 during the reign of Sultan Abdul Ghafur Mahaiyuddin Shah, represents a significant development in Malaya's legal history. Building upon the Melaka Laws, the Pahang Laws show a greater degree of comprehensiveness and adherence to Islamic legal principles. The key findings emphasize the comprehensive nature of the Pahang Laws, covering various legal branches including criminal law, civil law, evidence law, religious law, international law, taxation law, and maritime and trade law. The laws are structured around a preamble dealing with the monarch and ministers' responsibilities, followed by the body of laws. The research highlights the significant role of the Sultan within the Pahang Laws, as the ultimate authority responsible for governance and justice. The paper details the roles of other key officials within the system, such as the Treasurer, Temenggung (Chief of Police), Penghulu Bendahari, Shahbandar, and Hulubalang. The study identifies specific legal provisions within the Pahang Laws related to criminal matters, Muamalat (transactions), religious offenses, and customary and governmental matters, illustrating the comprehensive nature of the legal framework. The authors analyze the Sultan's role as the highest authority, their responsibilities, and the ways in which the Pahang Laws reflect a system of governance aiming to preserve state interests and ensure the welfare of the population. The analysis examines specific provisions within the Pahang Laws, demonstrating the Sultan's responsibilities in maintaining order, resolving disputes, and ensuring justice. The research demonstrates the enduring influence of the Pahang Laws on the subsequent evolution of legal systems within the Malay Sultanate and ultimately in contemporary Malaysia. The Sultan’s role in maintaining the balance between upholding Islamic principles, protecting Malay culture, and governing fairly is stressed. The paper concludes that the Pahang Laws represent a pivotal moment in the development of a distinctly Malay legal tradition heavily influenced by Islamic principles, significantly impacting the later evolution of the Malaysian legal and political systems.

The findings of this study underscore the significant contribution of the Hukum Kanun Pahang to the ongoing development of the Malaysian legal system. The Pahang Laws, as an early example of a codified legal system incorporating Islamic principles and Malay traditions, provide valuable insights into the historical evolution of governance and legal frameworks in Malaysia. The paper highlights the enduring influence of the Malay Sultanate's role in shaping the legal landscape, even under British colonial rule and following independence. The research emphasizes the importance of historical context in understanding the contemporary Malaysian legal system, demonstrating the continuity between traditional legal concepts and modern constitutional frameworks. The study’s emphasis on the Sultan’s role in balancing Islamic principles, Malay traditions and modern governance offers a critical perspective on Malaysian identity and state-building. The paper contributes to a deeper understanding of the interplay between religion, tradition, and modern statehood in shaping Malaysia's socio-legal environment and adds to the existing scholarship on Malay legal history.

This study demonstrates the significant and lasting impact of the Hukum Kanun Pahang on the Institution of the Malay Sultanate and the Malaysian legal system. The Pahang Laws, reflecting a blend of Islamic principles and Malay traditions, showcase the Sultan's central role in governance and justice. The research highlights the enduring relevance of historical legal frameworks in understanding contemporary institutions and emphasizes the importance of considering historical context in legal and political analysis. Future research could explore comparative studies between the Pahang Laws and other early Malay legal systems, analyzing the evolution of specific legal concepts over time. Further investigation could also delve into the reception and adaptation of the Pahang Laws’ principles within modern Malaysian law.

This study primarily relies on a secondary analysis of existing literature, limiting direct engagement with the original Hukum Kanun Pahang manuscript. The focus on existing scholarship might inadvertently overlook certain perspectives or interpretations. Further research directly analyzing the primary text would enrich the findings and offer a more in-depth understanding of the Pahang Laws. The study's scope is primarily focused on the historical impact of the Pahang Laws and its influence on the Malay Sultanate, thus limiting the exploration of its direct impact on contemporary Malaysian society.