Sharī‘Ah As The Criteria Of Justice In Undang-Undang Kedah Versi Ku Din Ku Meh

Abstract

Studies on Undang-undang Kedah have underestimated the influential role and position of Sharī‘ah in the laws and administration of the Kedah Sultanate in the 19^th century. The colonial narratives expounded two aspects on Undang-undang Kedah; firstly, that Adat was supreme over Sharī‘ah and secondly, an autocratic ruler could render the laws ineffective. However, the colonial narratives did not consider Undang-undang Kedah versi Ku Din Ku Meh. Although contemporary scholars in their studies on Undang-undang Kedah versi Ku Din Ku Meh highlighted that many of the laws were Shariah-based, the relationship between Sharī‘ah and Adat was not properly demonstrated. In addition, the role of Sharī‘ah in the administration was not demonstrated sufficiently. Specifically, present studies on Undang-undang Kedah versi Ku Din Ku Meh does not properly demonstrate the extent and influence of Sharī‘ah in the laws and administration of the Kedah Sultanate in the 19^th century. Based on Undang-undang Kedah versi Ku Din Ku  Meh, this paper shall demonstrate how Adat was made compatible with Shariah and how Shariah was made as the criteria of justice in 19^th century Kedah Sultanate. The paper employs a textual and content analysis on Undang-undang Kedah versi Ku Din Ku Meh. With reference to Tarikh Salasilah Negeri Kedah and Salasilah atau Tarekh Kerjaan as the narrative sources, a comparative analysis is based on two types of sources, narrative and non-narrative based on Undang-undang Kedah versi Ku Din Ku Meh The narrative sources represents the historical realities during the 19^th century which reflects the Kedah Sultanate’s criteria of justice based on Undang-undang Kedah versi Ku Din Ku Meh.