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Legal History

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by

Belinda Teh

on 12 September 2012

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Transcript of Legal History

Malaysia Legal History
PMH 0015 TITLE:
Comment on the Impact of the Charters of Justice being introduced to the Straits Settlement toward Lex Loci and Islamic Law Present by:
Belinda Teh Sze Wei
Katherine Teo Min Rou
Masha D. Sylverter
Daniel Savarimuthu
Azizan Bin Mohd Sairin Permission granted by British crown for a statutory reception

To operate a competent English legal system & established reception of English common law

3 Charters of Justice: First Charter of Justice, Second Charter of Justice and Third Charter of Justice. Chapter 1 : Charters of Justice Introduction Penang Singapore Malacca Established the Courts of Judicature at Penang in 1807

Marked as the first statutory introduction of English law into the country

Established “The Court of Judicature of Prince of Wales Island”

Exercise jurisdiction in all civil, criminal, and ecclesiastical matters

Kamoo v Basset (1808)
othe court held that although the Charter did not in express terms introduce English Law, as it stood in England on 25 March 1807, into Penang. First Charter of Justice Granted in 1826 when Singapore and Malacca were united with Penang

Sir Benjamin Malkin, Malacca casse, Rodyk v Williamson

Introducing the law of England as it stood in 1826

Dutch Law was superseded Second Charter of Justice Granted on 12 August 1855 into Straits Settlement

repealed the Second Charter only to the extent necessary to reorganize the Court of Judicature

A united Courts of Judicature was established for the three settlements of Penang, Malacca and Singapore

Significant for the herald the reception of the English common law &equity into the Malay Peninsula

Courts of Judicature established in the Straits Settlements
> Ong Cheng Neo v Yeap Cheah Neo Third Charter of Justice For the strategic reasons stemming from Anglo- French rivalry

Desire to maintain and develop the China trades, British find a suitable port. One of the ports was in Penang.

Weak, poor and not organized for the administering of the customary

No official body of law that existed for the first 20 years of British occupation Objective of Introduces
the Charters of Justice
> Havoc and chaos started to occur in Penang
> Complaints and petitions were made over many years for a better system of administering justice
> Francis Light, Governor-General in India on the legal aspects of governing the people of Penang
> Royal Charter of Justice of 1807 >> Penang
>>>> Malacca
>>>>>> Singapore
>>>>>>>> Islamic Law Cases affected by introducing Charters of Justice to the Straits Settlement >Kamoo v Thomas Turner Bassett [1808] 1 Ky 1 244

>In the Goods of Abdullah [1835] 2 Ky 8

>Regina v Williams [1858] 2 Ky 16

>Fatimah v Logan [1871] SLR Leic 288; 1 Ky 255

>Ong Cheng Neo v Yeap Cheah Neo & Ors [1872] 1 Ky 326

>Leong & Anor v Lim Bean Chye [1955] MLJ 153 Sharip v Mitchell & Anor [1870] Leic 466
Rodyk v Williamson [1835] 2 Ky 8 Islamic Law In Re Maria Huberdina Hertogh [1951] 17 MLJ 164
Nafsiah v Abdul Majid [1969] 2 MLJ 174 and 175 * Seng Djit Hin v Nagurdas Purshotumdas & Co. [1923] AC 444
* Chao Choon Neoh v Spottiswoode [1869] 1 Ky 216
* Shaik Sahied v Sockalingam Chettiar [1933] MLJ 81
* Issac Penhas v Tan Soo Eng [1953] MLJ 73 P.C Case Related to Islamic Law which affected by Charters of Justice The Impact of Charters of Justice toward Lex Loci The impact of Charters of Juctice toward Islamic Law Serious limitations upon the judiciary of courts
Any jurisdiction based on the Islamic law is refused by the court
Islamic law weren’t given importance &considered as not really efficient
Any jurisdiction based on the Islamic law was despised, ignored and refused by the court

Status of Islamic law was affected

Customary and Islamic practices or known as “adat” were questioned and criticize by the British administrators

Judgment and legal decisions made were also against the Muslims Some jurisdiction made by the High Court was not executed properly merely
English law isn’t favorable towards the Muslims
English law is more biased
Executions were not made out the way it should be

The courts given priority in applying the English Law (Law of England) to be enforced
Principles of Islamic law are excluded and weren’t given any priorities
Muslims lose out a lot on matters related with the establishment of will

English judges were appointed in the courts to do the sentencing and judgments Hawa v Daud
In the Goods of Abdullah
Noordin v Syeikh Mohd Neah Nordin
Re Maria Huberdina Hertogh
Nafsiah v Abdul Majid First Charter of Justice
Reception of English Law in Malaysia started with the establishment of the British administration in Penang in 1786
Penang was the first territory in Peninsular Malaya acquired by the British
Sejarah Melayu
In the case of Regina v William (1858)
Penang is settled by British Second Charter of Justice
English law, both common law and equity, was introduced to Singapore
By the finding of Sir Thomas Stamford Raffles
Singapore obviously was settled by British through contract
In the case of Rodyk v Williamson
Malacca was settled by British Third Charter of Justice
 Court of Admiralty
 In 1866, the Straits Settlement had ceased to be part of India
 In 1868, the Court of Judicature was abolished and replaced by the Supreme Court Charter of Justice


Objective of Introduces Charter of Justice


Cases affected by Charter of Justice


Impact of Charter of Justice toward Islamic Law


Impact of Charter of Justice toward Lex Loce Conclusion When the British introduces the Charter of Justice to the Straits Settlements, it gave a very big impact on our law and effect the local custom and native law. The effect can be seeing clearly by understanding the case provide in the assignment. It can be said that the British introduce Charters of Justice is for a better control of the Malay State and establish their influence in the Malay Peninsula.
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