Lecture 3 Part 2

What is the primary characteristic of Adat Perpatih in criminal law matters?

• It emphasises restitution to the victim.

• It focuses on punishment and retribution.

• It reinforces the authority of the ruler.

• It is codified in legal digests.

How did the courts in 19th-century Malay Peninsula develop Chinese customary law?

• By referring to authoritative legal texts from China.

• By applying it differently based on religion and domicile.

• By creating a uniform body of law themselves.

• By relying on legal precedents from India.

Which piece of legislation was instrumental in abolishing polygamous marriages among non-Muslims in Malaysia?

• The Aboriginal Peoples Act 1954

• The Native Customary Laws Ordinance 1955

• The Federal Constitution

• The Law Reform (Marriage and Divorce) Act 1976

Under Adat Perpatih, what is harta sepencarian?

• Ancestral property brought to the marriage by the wife.

• Property acquired by either spouse before the marriage.

• Property jointly acquired during the marriage.

• Customary property vested in the female members of the family.

What is a notable feature of the application of customary law in Sabah and Sarawak compared to Peninsular Malaysia?

• It applies only to Malay natives.

• It is more extensive and systematic.

• It is less systematic and influential.

• It was abolished in 1963.

According to the Aboriginal Peoples Act 1954, what type of right do the Orang Asli have over designated aboriginal areas and reserves?

• Full legal ownership.

• Right of sale.

• Usufructuary rights.

• No rights at all.

How was Hindu customary law applied by the courts, in contrast to Chinese customary law?

• It was applied uniformly to all Hindus.

• It was developed entirely by the courts without external references.

• It acknowledged the diversity of practices among different communities.

• It was codified in legal digests like the Undang-undang Melaka.

What are "Woolley's Codes"?

• Well-known native customary law codes in Sabah.

• Codified summaries of native customary law in Sarawak.

• Codified summaries of Adat Temenggung.

• Authoritative legal texts on Hindu customary law from India.

The Law Reform (Marriage and Divorce) Act 1976 does NOT apply to which group, unless they choose to marry under it?

• All non-Muslims in Peninsular Malaysia.

• All Malaysian citizens regardless of religion.

• The Chettiar community.

• Natives of Sabah, Sarawak, or Orang Asli.

Which of the following best describes the social structure of Adat Temenggung?

• Aristocratic and autocratic.

• Democratic and matrilineal.

• Based on restitution.

• Passed down orally through traditional sayings.