"Malacca Code": Understand samples of legal culture of ancient Southeast Asia
April 19, 2023 09:47 Source: "China Social Sciences" April 19, 2023 Total 2634 Author: Xu Mingyue

In Portugal's most famous epic "Song of the Riztanians",Sea Demon Siren (Siren) uses a heavenly singing voice,Real estate to sailors: "The rich Malacca,Rich products in the entire Pacific area,Broadcasting here,It is a well -known respected business port。"The sailor seduced by singing as asked:" What laws there is there、Monarch and customs? "For this question,The sea demon in Portuguese epic can not answer,Because of,Her law is not familiar with the law of the ancient Malaysia six dynasties。Questions that the Sea Demon Sirens cannot answer,It is also quite strange for our academic circles。Want to understand the legal culture and political organization of the ancient Southeast Asian island kingdom, including the Malacca dynasty,,Requirements for the local historical materials of Malaysia,The answer to the question is hidden in an ancient code of the 16th century- "Undang-Undang Melaka)。

"Malacca Code" is the crystallization of traditional Malay legal culture,It was initially promulgated in the end of the Malacca dynasty,Affects the legal creation of the kingdoms of Southeast Asia Island。The invasion of Portugal enables the Malacca dynasty to destroy the country,But "Malacca Code" is endless,wide spread,Keda on the Malay Islands、Peking University、Johor、Yazi、Brunei and other kingdoms adopt and absorb。"Malacca Code" is the result of mature development of bet365 best casino games the traditional legal culture of Malay,It proves that at that time, the Malacca dynasty and many Malay dynasties already had a method of governance based on local laws。

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"Malacca Code" has many manuscripts、Title is complicated、Diverse sources and other characteristics。The earliest manuscripts that have been circulated to this day are 1676 years,Most manuscripts are written in the 19th century,It reflects the interests and attention of Western colonists' interest in local laws of the Malaysians during this period。Colonial officials represented by Sir Stamford Raffles、Scholars earlier noticed the value of the Malay Code。They collected a large number of codes to manship,Reference for local experience as colonial legislation。Text named "Malacca Code" today,In fact, it is a collection of ancient legal provisions in Malay。Code manipulation is distributed in the UK、France、Germany、Netherlands、Indonesia、Library in Malaysia and Singapore,Singapore scholar Liaw Yock Fang (Liaw Yock Fang) organized many manuscripts into modern Malay version。

"Malacca Code" text questions are different。Some manuscripts are directly based on the "Malacca Code" as the title,But the content is not limited to the initial provision of the Code itself。Corresponding to it,Some manuscripts are not based on the title of the Malacca Code,Instead, the title is based on the "Malacca Law" and "Kingdom Navigation Law".,But the content contains all or part of the "Malacca Code"。The number of manuscripts in the latter case is more。The reasons for the phenomenon of this title Bet365 lotto review and content between the names and content between the manuscripts and the formation of the "Malacca Code"、The accepted and transformation of the codes around the kingdom of the surrounding kingdom。When studying the "Malacca Code",Do not ignore other manuscripts。"Malacca Code" also has another very common title name,。Title of the messy questions,Side Explain that the "Malacca Code" is widely circulated in the Malay Islands Kingdom。

"Malacca Code" manuscript sources are diverse、Not one in length。Early manuscripts are mostly collected from local leaders,This indicates that the code is a practical legal conservation that is often cited at hand at the grass -roots rulers,instead of a category that was tied up after being promulgated by the court。other,The kings of the Malaysian Kingdom also maintain the enthusiasm for this codes,Yazi、The Sudan of the kingdoms such as Pahang has ordered the "Malacca Code"。The kingdoms of each kingdom according to their actual needs,Added deletion and deletion when copying the text。Therefore, there are 40 manuscripts in the Malacca Code、66 and 81 and other versions,Another number of residues。Most manuscripts are 44。Code consisting of provisions,The content is not strictly divided by modern legal departments。But the king's politics、Civil life、Business Economy、Criminal punishment of these sections,It is still clearly visible in the provisions of the Code -the Constitution in modern laws、Civil Law、Business Law、Criminal Law、Division of Sea Law,It shows that the Code has the integrity of the fitting of the law。Combining Bet365 app download these sections together,You can see a panoramic view of the Malacca dynasty。

  The development of legal culture and the formation of the code

In some "Malacca Code" version,It is clearly mentioned that the last Sultan Mahmud Syah (1488-1511) of the last Sultan Mahmud Syah (1488-1511) of the Code。But the occurrence of the codes is often not one generation of generations。Malacca dynasty since 1405,By 1511 was destroyed by Portugal,106 years of national 祚,Several generations of kings have made important contributions to the construction of law。Malacca Dharma Culture was originally founded when the Malacca dynasty was established。Malacca before the Chinese envoy comes,Not yet officially established the country。The first generation of king ParamesWara was originally a prince of Sumatra。Later,Multi -tossing around,Finally foil in Malacca,Start its rule。Malacca's founding of the king's life and the founding of the founding of the country laid the cultural attributes of the dynasty,That is, the continuation of the Malacca dynasty can be regarded as the Simonama Malaysia Three Buddha Qi Dynasty。Therefore,Malacca has been a Malaysian kingdom since the beginning of the country,Lile the background of the legal culture。The codes formed during the Malacca dynasty, although they were affected by Islamic law、Impact of foreign laws such as India Law,It still has not changed the attribute of the Bodian itself Malay culture。

In the process of the founding of Byrisura,Bugis (Bugis) plays an important role,A small share of the Briste people followed Byrisura eastward and escaping。The Buders are bet365 live casino games also known as Orang Laut,Is an important navigation nation。They leave the sea to fish for a living,Sometimes I also be a pirate。The arrival of Western colonists,Buds people exist in large quantities,Also assisted Malacca to resist the invasion of Portugal。Their navigation habits、Maritime rules affect the legal system of the Malacca dynasty,Their marine culture is integrated into the "Malacca Code"。

Malacca Port's increasingly prosperous and developed creation has become more and more important。The third -generation king of Malacca Sri Maharaja created exquisite court etiquette and taboos,Four main ministers have been formulated、The administrative organization system of the eight major auxiliary ministers and the 16th National Auxiliary Minister。To ensure the supreme high of the king's right,The rulers are the head of the kingdom,His honorary name for Sudan has been in use.。End of the Dynasty,Basic molding。Seventh -generation Sudan pays attention to the legal system and governance of the kingdom,Order the prime minister builds a observation station at the crossroads and the city center,Sending someone to stay; it also stipulates that anyone who picks up other people's property without paying it back,punishment of the hand;,It must be sent to the observation deck。Therefore,At that time, Malacca appeared at night without closing households、Taiping prosperous scene of the road without picking up。By the last Sudan rule of Malacca,Malacca continues the glory of the former dynasty,Port trade prosperous development,The law of the kingdom is orderly,Bet365 lotto review "Malacca Code" can be written。Combining legislative practice with traditional habits for more than 100 years,Finally formed the "Malacca Code"。

  The status and meaning of the codes

"Malacca Code" was produced in the world history in the middle of the world and alternate between the ancient times and modern times,From the influence of the horizontal area,The production of the codes affects the formulation of other Southeast Asian Island Kingdom Code; from the vertical timeline,Code inherits Indian ideological system,Absorb Islamic Teaching Law,Fusion of the local customary method,Affected Portuguese、The legislation of colonies such as the Dutch in Malacca and other colonies,Provides rich information for the study of Southeast Asian legal history。As a kind of Malay local scarce historical text,"Malacca Code" enriched foreign legal history resources,help to reveal the legal civilization of the early island countries in Southeast Asia,Comparison and communication of multiple civilizations in series,Have a variety of civilization cognition、The meaning of blending and mutual learning。Southeast Asian historical research before 16th century mainly relied on the observation records of ancient Chinese books and Western colonists。Describes a concept of a common "tribute system" or "mandala system" describing a distant regional civilization in Southeast Asia Island,It looks too simple and general。"Malacca Code" as the case of the study of the study of legal culture and social system in ancient Southeast Asia,It can be found that the legal civilization of Southeast Asian island countries,History and Bet365 app download social status that is easy to be ignored。

(Author Unit: School of History of Nanjing University)

Editor in charge: Chen Jing
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