Hukum Pidana di Kesultanan Melaka Abad ke-15 dan ke-16 M. (Penal Law in the Sultanate of Melacca in the 15th and 16th centuries)

This article discusses about the criminal law in the Sultanate of Melaka at 15th and 16th century. The main source of this article is Undang-Undang Melaka (UUM, the Melaka Law), a manuscript of laws of the Sultanate of Melaka edited by Liaw Yock Fang. The author found that the customary law and Isla...

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Bibliographic Details
Main Author: Yakin, Ayang Utriza (Author)
Format: Electronic Article
Language:English
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Published: Pamekasan State College of Islamic Studies Pamekasan 2016
In:Sonderdruck aus: Karsa: The journal of Social and Islamic Culture (2442-4285) Vol. 24, no. 1, p. 33-51 (2016)
Online Access: Volltext (kostenfrei)
Description
Summary:This article discusses about the criminal law in the Sultanate of Melaka at 15th and 16th century. The main source of this article is Undang-Undang Melaka (UUM, the Melaka Law), a manuscript of laws of the Sultanate of Melaka edited by Liaw Yock Fang. The author found that the customary law and Islamic law became the source of criminal law in Melaka as can be read in the UUM. But the chapters of law in the UUM were not actually enforced in the life of Melaka people. The enforced law among the Melaka people was the customary law, which much influenced by the Hindu culture. The Islamic law became the alternative law, beside of that customary law, which derived from many different schools of Islamic Jurisprudence (madzâhib al-fiqhiyya). This article demonstrated that the change and transition of law within certain society was deeply influenced by the change of politic and religion conversion of the ruler. In the context of Melaka, the customary law, which influenced by Hindu culture gradually changed into Islamic law.
ISSN:2442-4285
Persistent identifiers:HDL: 2078.1/190104