Perbualan:Melayu
Dari Wikipedia bahasa Melayu
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Melayu merupakan sebahagian daripada WikiProjek Malaysia, yang bertujuan untuk memperbaiki liputan Wikipedia bagi Malaysia dan topik-topik berkaitan Malaysia. Jika anda mahu menyertai, lawatlah WikiProjek Malaysia. |
| ??? | Rencana ini masih lagi tidak mendapat penilaian dari segi kualitinya. |
| ??? | Rencana ini masih lagi tidak mendapat penilaian dari segi kepentingannya. |
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Perkataan Melayu berasal daripada bahasa Jawa yang membawa maksud "lari'. Ia terbit daripada peristiwa Parameswara yang lari daripada ancaman/dikejar oleh Majapahit dan pelarian Parameswara daripada buruan Siam selepas membunuh wakil kerajaan Siam di Temasik iaitu Temagi. (Sila rujuk Mohd Pozi bin Arsam, 0176503817, Seremban.
- ??Siapa Mohd Pozi bin Arsam. Apa kelulusannya? Ada rujukan rasmi/bertulis mengenai dakwaan ini? Yosri 14:08, 7 Ogos 2006 (UTC)
[Sunting] Bebas dan Tak Disekat
Lagi satu pendapat memberi maksud perkataan Melayu sebagai "bebas" (free) atau "tak disekat" (unchecked), iaitu berasal daripada perkataan Tagalog, malaya. Saya rasa saya terbaca tentang ini dalam buku Saleh Ben Joned bertajuk "As I Please". Dalam Websters Online Dictionary versi Tagalog-English, terdapat beberapa variasi perkataan Melayu:
- malayo far
- malayò away, distant,far,remote
- malayà free, unchecked
Yang mana satu perlu kita masukkan ke dalam rencana? Atau letakkan kedua-duanya? Atau tak letak langsung (mungkin sebab ini lebih kepada POV sendiri?) -- Zaim 17:23, 30 Jun 2004 (UTC)
Soalan yang baik. Saya cenderung kepada anda letakkan semua itu di bawah tajuk tersendiri contoh : ==Pendapat asal perkataan Melayu == ; ===Pendapat pertama === . Sila nyatakan dengan jelas sumber yang dipetik. Mestilah menggunakan sumber yang disahkan, contoh elakkan memetik sumber Internet yang tidak mempunyai asas sokongan yang kuat. Kita kena ingat, sejarah tanah Melayu sama tua dengan sejarah Yunani (Greek) yang menyebut kita sebagai semenanjung emas. Yosri 01:26, 1 Jul 2004 (UTC)
Satu lagi pandangan mengenai usul kata "Melayu": http://www.sabrizain.demon.co.uk/malaya/malays4.htm
For reading pleasure: http://pgoh.free.fr/malay_history.html
[Sunting] Native Customary Law exists in Malaysia
Native customary law is regarded as personal laws, applying only to specified race or religion, And except for Islamic law, they are decline. They are being increasingly replace by statute law, that is The Law Reform (marriage and divorce) Act 1976.
Native law is the law of the local people as developed and handed down from time immemorial. A local word which is quite extensively used in Southeast Asia for recognized customary behavior in the word “adat”. Rural people in general have a high respect for adat and usually expect persons from outside the locality to respect it also. When the British administration in North Borneo recognized local adat as a guide for behaviour, they give it the title of ‘Native Law’. Owen Rutter explained the difference between a law and a custom thus:, “strictly speaking the difference between a law and a custom is that a law is a rule of which a judicial court takes cognizance, punishing its infraction, which punishes in its own manner those who disobey it”.
Adat depends a great deal for its effectiveness on:-
- its universal acceptance in the community.
- the force of public opinion and the general attitude towards one who violates accepted norms.
- the individual’s susceptibility to feelings of human respect.
However, in order to be recognize as law, four conditions had to be fulfilled:-
- the native law must be part of a long-established history, they cannot be invented by the community.
- the native law must have been continuous and not broken or interrupted from one generation to the next.
- the native law must be adhered to respected and observed by the community concerned.
- the native law system must possess the authority to impose sentence on any individual who violates those native laws.
In East Malaysia, the largest ethnic groups are the Kadazan and Dusuns. It is estimated that there are about 390 000 of them. "Native" means a person who is a citizen, is the child or grandchild of a person of a race indigenous to the state, and was born (whether on or after Malaysia Day or not) either in the state or to a father domiciled in the state at the time of the birth. (1)
However, section 2 (1) of the Interpretation (definition of native) Ordinance 1952 (no.12 of 1952) describes "Native" whenever the world occurs in any written law unless expressly otherwise enacted therein, as meaning either:-
- any person both of whose parents are or were members of a people indigenous to the colony, or
- any person ordinarily resident in the colony and being and living as a member of a native community
In the definition of "native" set out in subsection (1) hereof:-
- "ancestor" means progenitor in the direct line other than parent,
- "native community" means any group or body of persons the majority of whom are native within the meaning of paragraph (a) of subsection (1) and who live under the jurisdiction of a Local Authority established under the provisions of the Rural Ordinance 1951, or of a Native Chief or headman appointed under the provisions of that ordinance or of the Native Court (Labuan) ordinance 1950,
- "parent" includes any person recognized as a parent under native law or custom.
Question 1 (b): to what extent is it followed in, (i) west Malaysia and (ii) east Malaysia.
In west Malaysia, native customary law is also known as ‘adat’. The adat epitomizes Malay culture and it is contained in proverbs and common sayings, with rules slowly evolving over time from the latter. The significance and vitality of oral traditions as found in common sayings to traditional Malay society are often underestimated, perhaps quite understandably when seen from the viewpoint of an English person.
European writers have traditionally classified adat into two groups: adat perpateh and adat temenggong. This is an oversimplification but alas, it has remained. This loose classification is a perpetuation of a nineteenth century attempt by British administrators to simplify and rationalize their understanding of the seemingly incomprehensible local practices and traditions. The classification is an artificial one and causes some confusion for the uninitiated because in reality, there are so many local variations. In fact, there is no recognizable body of law in the adat temenggong except perhaps a strong Hindu element. The term "adat temenggong" merely refers to or describes a variety of adat based on the 'patriarchal' system.
The terms adat temenggong has been loosely interpreted as 'the laws of the Minister for War and Police'. It is also known as adat Laut. It is strongly believed that adat temenggong which is found throughout the country, including Brunei, is fundamentally based on Undang-Undang Melaka. This is evidenced by the Pahang Digests of 1650, in particular the sections on port law, which are compiled when Sultan Rijaluddin Muhammad Shah ruled at Naga.(2)
It was alleged that the Nine-Nine laws of Perak were merely a private record of a Syed family of Perak, who were for sometime advisors to the Sultan. It is believed that the Ninety-Nine laws of Perak were not solely the work of an Arab scholar, but were , in fact, a compilation of rules by the said Syed, who based his writing on both Malacca law and Islamic law, as transmitted orally as a modified by local custom. According to Winstedt, copies of the Pahang Digests were found generally in the hands of the royalty. It may now be said that the several texts on adat temenggong are based fundamentally on Malacca law.
The temenggong system, in general, was organize on the basis of territorial units, with the constitutional and judicial authority vested in a group consisting of King (Sultan), Chief Minister (Bendahara), Chief of Police (Temenggung), Harbour Official (Shahbandar) and few other officials.(3) The terms temenggong within the Malay patriarcial legal system can be related to that of the Majapahit legal system. This is clearly observed from the forms of criminal punishment for theft, sexual offences and murder, and also from the post of Temenggung and his duties.(4) It is beyond dispute that adat temenggong dealt with both aspect of the law, public and private law,(5) but for various reasons only certain branches of these law prevailed. Firstly the introduction of several Charter of Justice, beginning with the Charter of Justice of 1807, can be seen as one main reason.
Secondly, only certain aspects of family law, inheritance and property, that is, harta sepencarian(6) were recognize and received judicial sanction. In respect of inheritance and family law, the adat is fundamentally based on Islamic law, although the latter has been modified by local custom.(7). The law is now administered by each state, as provided in schedule Ninth list 11 to the Constitution of Malaysia and in the Administration of Muslim law enactment of each state.
The adat perpateh, on the other hand, is a distint tradition practiced among the Malays in present day Negri Sembilan and Nanning in Malacca, areas settled by Minangkabau migrants from Sumatra. It tends to overshadow adat in other areas simply because of its unique matrilineal system, which has attracted much attention particularly of academics. Presently, the adat perpateh is practiced in such matters as land tenure, inheritance, lineage and the election of the tradisional chiefs of adat officialdom such as the lembagas, undangs and the Yang di-Pertuan Besar. Perhaps the most conspicuous characteristic of the adat perpateh is the matrilineal form of social organization.
Constitutional and statutory provisions provided formal recognition of the adat in Negri Sembilan. The Customary Tenure Enactment governs land, the title to which has been endorsed “customary land”. All titles, which refer to land owned by a female member of any clan, are endorsed as such, and the endorsement acts as a bar to subsequent dealing as well as a restriction of its transferability to members of a particular clan.(8) In so far as the adat officialdom is concerned, the Negri Sembilan Constitution provides for their continuance and status.
Adat perpatih as observed in Negri Sembilan appears to be both democratic and hierarchical in respect of its political structure. It is democratic in that, it envisages an elected but a hereditary constitutional monarchy. The Negri Sembilan State Constitution provides that the Ruler of the State of Negri Sembilan, the Yang di-Pertuan Besar (one who is acknowledged as the great lord), be elected by theUndangs of Sungei Ujong, Jelebu, Johol and Rembau, and at least in theory, “in accordance with the customs of the State”. The person elected must be from the Royal family and a male. Article 7(3) of the Laws Of The Constitution Of Negri Sembilan 1959 reads:
- No person shall be elected as Yang di-Pertuan Besar of the State unless He shall be a male of the Malay race, of sound mind and possessing the religion of the State, who is a lawfully begotten Descendant in the male line of Raja Radin ibni Raja Lenggang.
The adat political system is hierarchical, and this is reflected in the ranking of chiefs. The Undang is the elected head of one of the four Luak and a system of rotation exists in the election, thereby ensuring a fair opportunity for those eligible. The Ruler and the undang act closely and usually by consensus in matters affecting the adat. Lower down the adat hierarchy is the lembaga elected by members of his clan. The somewhat democratic-like elective system in the adat organization is not generally found in the other states. This character is significant and it clearly stands out from the rest.
Adat law with respect to land is given statutory recognition and it is perhaps appropriate to briefly described the varieties of adat land.
- (a) Tanah Pesaka : This is ancestral land that can only be inherited by female descendants of a deceased holder. There is also judicial authority pronouncing that tanah pesaka in Nanning is not transferable to a person who is not a member of the owner’s clan. In Munah v. Isam (1936) MLJ 42, the court ordered the return of tanah pesaka, which had been transferred outside the clan conditional upon payment of a sum of money.
- (b) Harta sepencarian : This refers to property jointly acquired by a couple during marriage, and in the adat perpateh area of Negri sembilan, it is called carian laki-bini. Such property or harta in the Malay language, is equally divided on divorce as was decided, for instance, in Hasmah binti Omar v. Abdul Jalil (1958) MLJ 10.
- (c) Carian bujang : This refers to property acquired by either husband or wife before marriage and which may be:-
- (i) harta dapatan – ancestral property brought to the marriage by the wife, and which reverts to her on divorce
- (ii) harta pembawa – inherited non-ancestral property brought to the marriage by the husband, and which reverts to him on divorce
This appears to be a certain degree of ongoing tension between the application of Islamic law on the one hand and adat, on the other, with respect to inheritance and distribution of property of a deceased Malay. Islamic law and adat on these matters may differ and a Malay is affected by both sets of law. Obviously, tradisional leaders particularly in the adat perpateh region would prefer upholding the adat while, on the other side, Islamic authorities contend that as a good Muslim, one should observe Islamic law in all matters, including the distribution of property of a deceased Malay Muslim.
Adoption is recognized within adat perpateh. The ceremony of adoption is called berkadim. Normally, when a family has no natural daughter, the mother will adopt a girl to inherit the property upon her death. In choosing a candidate, ideally nearest niece is favoured, but this may prove to be impractical, because the adopted daughter tends to returns to her natural mother when she grows up. It is therefore, usual for a mother to choose someone outside the family(9), or even outside the Malay race. The form of adoption is either the full adoption, a limited adoption or a pseudodoption. In respect of the full adoption, in case of a women, it gives her all rights of inheritance and all responsibilities belonging to a natural daughter and a grand-daughter of her adoptive parents.(10) Limited adoption means that a definite relationship is created, but the right of inheritance, if conferred at all, is restricted. Pseudo-adoption is where a woman merely takes a female relative to live with and cherish her, without adopting her or giving her any property.
In east Malaysia, the Native customary law in Sabah and Sarawak is found in the following of (i) Administrative codes, (ii) Legislation and (iii) Judicial decisions. In sabah, the most well-known of the codes is the collection known as "Woolley’s Codes". They were the work of GC Woolley of the North Borneo Civil Service and originally written between 1932 and 1937. They have since been reprinted in 1962 as Native Affairs Bulletin Nos 1-7.
Native customary law, in fact, plays an important role in the state as it regulates the way of life of the indigenous people. According to Mr Justice Lee, there is a great need for an authoritative book on native law and custom.(11) With the help of the native Chiefs, Woolley, who was a Resident of the Interior for several years, was able to write in details on the Dusun in a series of Native Affairs Bulletins. It was the immemorial custom of the Dusun to acknowledge the authority of headman and chief. A Dusun chief was little more than a slightly more powerful headman. The headman’s authority was first officially acknowledge in 1891 by the introduction of the village Administration Ordinance which provided for the constitution of a Native Court in every district.
The position of headman and native chief(12) is well defined in the laws of North Borneo. Chapter 86 of the laws of North Borneo provides for the constitution of Native Court. Subject to the approval of the Governor, a Resident may by warrant under his hand establish within his residency such Native Court as he thinks fit, and the territorial jurisdiction of each Native Court shall be such as the Resident may defined in such warrant.
Adoption is a common practice amongst the dusun. Yhe formal ceremony is for the adoptive parents to call the headman and all his neighbours and acknowledge the child as their own before them all. After this, the child is regarded as a true child and has the rights of inheritance. Adoption can only be revoked with a like ceremony.(13) It is provided in the Civil Law Ordinance(14) that adopted children are placed in the same position in relation to the adoptive parents as are children born in lawful wedlock. It was decided in Alexander Keasberry v. Alina Gomez,(15) that an adopted daughter and a natural daughter were equally entitled to their parents property.
Property there are two kinds; ancestral property (pusaka) and acquired property. The latter covers acquisitions before marriage and joint acquisition during marriage. The former strictly covers what has been inherited, whether from ancestors, collateral or descendants. Property purchased with, or exchanged for, ancestral property ranks as pusaka(16). If such property increases in volume, the increased portion also ranks as pusaka even though it was acquired during coverture. With certain exceptions, only relatives by blood are entitled to inherit ancestral property, unlike acquired property, where a share may pass to relatives by marriage. Acquired property, once inherited becomes ancestral. Divorce affects pusaka in the same way of death. However, there are certain things which are not properly reckoned as pusaka, so when a person dies, there should be separated and passed down independently to the male heirs. Female preferential is called Ampur.(17)
Property acquired before marriage is called nindapuan or kakikito and property jointly acquired during coverture is known as pinitaraian megium. One divorce by mutual consent, the latter is divided. If the divorce is instigated by the husband, the wife is entitled to one third of such property. If the wife intigates the divorce, she forfeits all right to the property. In all cases, she retains her ampur and noitan or bawahan.(18) In Catherine kim hiu v. Vinonsius,(19) the parties were husband and wife. During their marriage they erected a house. After their divorce, the appellant remained and lived in the house in question. There was dispute as who actually contributed money for the erection of the house. The Native Court, in the first instance, held that the house should be valued and divided into three shares. The decision was upheld on appeal.
When a dusun dies leaving no issue, all nindapuan acquired should devolved upon the deceased’s heir in class. The division is in accordance with the rules of pusaka. A father is sometime entitled to two shares, and a mother, one share.(20)
In Sarawak, there are two native customary law texts compiled by AJN Richards and published by the Government Printer, namely, "Dayak Adat Law in the second division" and "Dayak Adat Law in the First Division" (Adat Bidayuh) published in 1963 and 1964 respectively. It should be borne in mind that there is no adat common to the natives either in Sabah or Sarawak. On the contrary, diversity in the adat is the norm, its observation by the natives varies with the region of habitation.
The customary law of the Malays in Sarawak is a mixture of adat and Islamic law embodied in the Undang-Undang Mahkamah Melayu. The main principle of the adat were codified by the Rajahs and the code included elements of Islamic law. They are complementary parts of a set of rules.(21) Malays customary laws were previously administered by Native Court but following amendments to the law, they are now administered by the Islamic Council of Sarawak and the Syariah Court.
In the Iban adat law in Sarawak, there are two important strains in Iban belief.(21) One concerns the fertility of the earth and rice cultivation , of which Pulang Gana, or Sepulang Gana is the central deity. The other deals primarily with warfare, social life and success in general, with Senglang Burong as its central figure. Senglang Burong is most respected in his capacity as the high-god of the omen birds and as the source of Iban adat. The adat continues to be accepted, as it is the legal code of the group.(22)
Sarawak is divided into several divisions. The stronghold of Iban influence was and is in the Second Division. Iban also live in the Third Division and also in the First, Fourth, and Fifth Division in smaller numbers. Iban adat deals with almost every aspect of Iban life.(23) Part of the adat which become law and receive judicial acknowledge are the Administration, Matrimonial matters, Adoption, Incest, Property, and Torts.
Iban live in long-houses. The Iban long-houses is primarily an aggregation of independently-owned family apartments. Each of the apartments is called a bilik. Adoption is common occurrence among the Iban. There are two types of adoption, first extra bilik adoption and second the intra bilik adoption. It is meant an adoption that occurs within a particular bilik-family. The adopted child is already a member of the bilik-family. An adopted child has precisely the same rights within the bilik-family as have those who are born members.
Property held by Iban falls under two categories. First is immoveable property such as landed property; and the other is moveable property, such as Chinese jars.(24) Formerly land could be acquired merely by occupying or developing it, such as by clearing it for cultivation. Thereupon ownership became a bilik-family right. However, rights to the land were lost upon abandonmentor transferred to another place.(25) When the country was by Rajah Brooke, regulations were promulgated. There are provisions in the Land Code cap. 81 of laws of Sarawak, 1958, for dealing with the native land.
A special term exists to describe the act of marrying out. It is the verb ngugi ka orang means to go in marriage and reside with other people. When a young couple marries, their parents decide which of the bilik involved the couple will join and so continue.(26) The Iban are very particular about the prohibition of marriage between close relatives. Marriage or sexual relations within the prohibited degree are all considered to be incestuous.
According to Iban customary law, incest of any degree must be dealt with by a fine. Marriage between a cousins is allowed. First cousin, for instance, may marry after a begaput ceremony and cousins once removed can be fined for marrying. In the case of a minor incets, the fine imposed on the man reverts to the Government and the fine imposed on the woman reverts as plasi menoa. In a major incestuous case, the fine are very much heavier. An incestuous couple, whether or not they are permitted by the adat to marry, must pay the fine. In the past, if they did not pay, they were killed- aur pantang.(27)
So, come to the conclusion, native affair in Sabah were manage a little differently in Sarawak and west Malaysia, which had the sovereign with unbridled power to enact laws relating to native matters. In the early days, Sabah were manage by a trading company and later by the Crown. As earlier mentioned, Wooley’s codes prepared in the 1930’s provide valuable evidence of Tuarat adat, Dusun adat, Murut adat, Kwijan adat, and the Twimuguns adat. In Sarawak, besides the native law is apply, the people also uses the law that provided by the ‘White Rajah’, the Brooke’s and in west Malaysia, the people apply mostly native law from Palembang that is adat 'Temenggung and Prepatih'.
Finally, with all the facts that been provided here, I can conclude that a certain principle in applying the native customary law. For a complete examination of Native Law four sources do exist:-
- official laws of the government known as statutes or ordinance or proclamations which incorporated and legalized native customs.
- written collections of Native Law known as codes which were printed for purpose of Administration but which are not legally binding.
- past court cases which have been recorded and which serve as precedents for the present and future time.
- the unrecorded oral tradition or law.
Saya masih bingung. Siapakah yang dimaksudkan melayu itu? dan adakah terdapat definisi orang melayu yang lebih tepat? Jika diikutkan pendapat barat (dan juga kerajaan malaysia), melayu ialah mereka yang berasal dari dunia melayu . maka ini bermaksud jawa, bugis, sunda, tagalog, kampapangan, mandailing etc itu juga melayu. tetapi pendapat indonesia bertentangan. menurutnya etnik melayu itu sama sahaja dengan etnik-etnik lain di Indonesia seperti bali, maluku, aceh, etc. Bagi saya, saya merasakan melayu itu sebenarnya adalah sebuah rumpun seperti rumpun cina dan rumpun india. Zaidpjd
[Sunting] Adat istiadat Melayu yang memberi kesan negatif terhadap urusan perkahwinan
Macam mana nak sunting table itu.?
Melayu adalah bangsa, bukan etnik, klu sy tak silap. etnik/suku bugis/jawa/etc ... adalah bangsa melayu juga ... mengikut perundangan/perlembagaan malaysia... Tun Dr mahathir telah medefinisikan semua org islam malaysia adalah sebagai melayu. termasuk cina/india/etc yg beragama islam turut dimasukkan kedalam bangsa melayu... klu sy tak silap,hal ini boleh menambah jumlah org melayu yg kurang dimalaysia, tambah pula, org yg murtad,bermakna mereka sudah hiland status melayu,mereka tak layak hidup di Malaysia negara Islam--tearfate 12:00, 6 Januari 2007 (UTC)
