Analysis of Islamic Family Law Aspects in the Manuscript of the Kanun Negeri Lingga.
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THE SARAWAK MUSEUM JOURNAL |
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Title :
Analysis of Islamic Family Law Aspects in the Manuscript of the Kanun Negeri Lingga. |
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Author :
Fatimah Hamrie, Saimi Bujang, Noranizah Yusuf and Wan Ariffin Wan Yon |
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Abstract:
The Kanun Negeri Lingga (KNL) manuscript is an Old Malay Law (UML) text that proves the existence of Islamic legislation in Sarawak. This text represents Malay customary law that aligns with Islamic law. KNL consists of 88 pages detailing Islamic Law (Sharia); Laws of Royal Governance (Hukum Kanun Datu); Lingga Malay Customary Law; Criminal Law; Maritime Law (Ports, ships, navigation, merchant boats); and Commercial Law (trading, business, pawning, buying and selling, and lending). This study aims to prove the existence of Islamic family law practices in Sarawak before James Brooke’s arrival in the state. The specific objectives of this study are to elaborate on the information and content related to the Kanun Negeri Lingga manuscript; and to examine the Islamic family laws contained within the Kanun Negeri Lingga manuscript. This research employs a qualitative descriptive research approach, utilizing library research methods and document analysis. The data analysis method used to examine and explain the interpretations found in KNL is micro in nature and involves five main stages: text preparation and understanding research problems; reading the entire KNL; data coding; data classification based on themes; and data interpretation or explaining the meaning of the obtained data. The study successfully elaborates on the information and content of the KNL manuscript, with a particular focus on aspects of Islamic family law. Detailed analysis has been conducted on various aspects of Islamic family law in KNL, covering marriage, engagement, guardianship, offer and acceptance (ijab and kabul), witnesses, the concept of khiyar, as well as specific provisions related to marriage laws between Muslims and non-Muslims, and between free individuals and slaves. This study concludes that the existence of KNL serves as evidence contributing significantly to the formation of Sarawak’s constitutional framework in general and Islamic legislation in Sarawak in particular.
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| DOI: https://doi.org/10.61507/tsmj-2024-ERP1-05 |
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How to cite:
Fatimah Hamrie et al. (2024). Analysis of Islamic Family Law Aspects in the Manuscript of the Kanun Negeri Lingga. The Sarawak Museum Journal, 87 (108): 87-109 |
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