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

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 19th 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 19th 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 19th 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 19th century which reflects the Kedah Sultanate’s criteria of justice based on Undang-undang Kedah versi Ku Din Ku Meh.