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WHAT IS CUSTOMARY LAW ?

Customary Law is known as "Adat" in the Malay term.

Customary Law is an ancient unwritten laws for a particular place and no rules has ever been enacted by the legislative authority.

WHICH ARE THE GROUPS THAT PRACTICE THE CUSTOMARY LAW IN MALAYSIA ?

There is the Adat Pepatih which is confined to the state of Negeri Sembilan in West Malaysia and the Adat Temenggong in most Malay states except Negeri Sembilan.

While in Sabah and Sarawak, the Iban and Dusun practice the Adat Laws.

WHAT ARE THE PRINCIPLES OF INHERITANCE IN MALAYSIA UNDER THE ADAT PEPATIH ?

Under the Adat Pepatih, ancestral properties are vested in the female members of the tribe who hold the property in trust for the tribe. These properties cannot be disposed of by any will and can be inherited by female tribe in equal shares. The men do not have the right or title to it.

Where a female is married,

• the property in her possession before marriage shall go to her customary heirs upon her death.
• the property brought by the husband into the marriage shall revert to his customary heirs upon his death.
• the property acquired during marriage,
• where no children resulting from marriage, property will devolve on the wife upon the husband's death and vice versa or
• where there are children in the marriage, property will pass onto the surviving spouse and children.