PENGENALAN UNDANG-UNDANG INGGERIS DI NEGERI SEMBILAN PADA 1895 HINGGA 1950

Abstract

This article discusses the introduction of English law and British intervention in the affairs of the Islamic State of Negeri Sembilan between 1895 and 1950. Prior to British arrival, indigenous people in Negeri Sembilan practices Islamic laws which were based on the 18th century. Nonetheless, the expansion of British influence into Negeri Sembilan brought significant interference with Islamic customs and affairs. By the end of the 19th century, most of the customary laws mixed with Islamic laws began to take effect from the English law. In the early stages of their entry into Negeri  Sembilan, British maintained its customs and Islamic law. However, the British began to intervene in local religious administration and customary law activities to protect their economic and political interests. The British have enforced English law for criminal cases and religious offenses. The objectives of this article are to identify the English laws introduced in Negeri Sembilan and to analyze the factors that led to British interference in the administration of Islamic laws in Negeri Sembilan. This study uses qualitative method and the analyses in this article are based on the primary sources in the National Archives of Malaysia consisting of Negeri Sembilan Secretariat File, Colonial Office (CO 435), Negeri Sembilan Government Gazette, Negeri Sembilan Enactment (1899-1906), Negeri Sembilan Annual Report, Federated Malay States Law Report, official reports and newspapers. The study found that, until the mid-20th century, the British actively applied the policy of introducing English law in Negeri Sembilan to replace the administration of Islamic law in Negeri Sembilan for various reasons as discussed in this article.

Received: 8 September 2019

Reviewed: 2 October 2019

Accepted: 12 October 2019