So Criminal Law Even Undergoes
Modification By Local Custom; And The Four Wives Of The Mussulman, And
The Subordinate Wives Of The Chinaman, Have An Equal Claim To
Recognition With The One Wife Of The Englishman.
Even Mohammedan law,
by which the Malays profess to be ruled, is modified by Malay custom,
which asserts itself specially in connection with marriage, its
frequent attendant repudiation, and inheritance.
The "Malay custom" (adat Malayu) seems to have been originally a just
and equitable code, though ofttimes severe in its punishments, as you
will see if you can get Newbold's _Malacca_, and was probably suited to
the people; but it has undergone such clippings and emendations by the
successive Rajahs or Sultans of these native States, that the custom
now in force bears a very faint resemblance to the original adat. It is
said, indeed, that each alteration has been for the worse, and that now
any chief who introduces anything of his own will, justifies it as
"adat Malayu." Mr. Swettenham, the Assistant Colonial Secretary, says
that the few upright Rajahs who exist say that there is no longer any
"adat Malayu," but that everything is done by "adat Suka hate," i.e.,
the custom by which a man can best suit his own inclination.
So it seems that a most queerly muddled system of law prevails under
our flag, Mohammedan law, modified by degenerate and evil custom, and
to some extent by the discretion of the residents, existing alongside
of fragments of English criminal law, or more perhaps correctly of
"justice's justice," the Resident's notions of "equity," overriding all
else.* Surely, as we have practically acquired those States, and are
responsible for their good government, we ought to give them the
blessing of a simple code of law, of which the residents shall be only
the responsible interpreters, modified by the true "Malay custom" of
course, but under the same conditions which are giving such growing
satisfaction to the peoples of India and Ceylon.
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