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The constitutional framework of justice: Balancing Adat Perpatih and statutory law in Negeri Sembilan — Dr Hamdan Leman

Malay Mail

JUNE 7 — The people of Negeri Sembilan hold a justifiable, deep-rooted pride in Adat Perpatih. For centuries, this unique customary framework has defined the state’s identity, offering an extraordinary tradition of consensus, matrilineal democracy, and structural checks and balances.

However, for a society to function cohesively in a modern federation, it is vital to clarify a fundamental legal principle: traditional customs do not operate in isolation, nor do they supersede the supreme constitutional law of the state and the federal framework of Malaysia.

While customary sentiments run deep, public discourse must remain anchored to a universal truth: the ultimate goal of any governance framework—whether customary or statutory—is the preservation of objective justice.

A world in flux: The imperative for institutional stability

We live in an era of profound global uncertainty. On the international stage, we frequently witness the fragility of institutional order, the limitations of international legal bodies to maintain global harmony, and the shifting narratives that blur the lines between right and wrong.

In a world undergoing such rapid geopolitical and social transitions, local institutions have a heightened responsibility to project absolute stability, clarity, and adherence to established rules.

Complex internal disputes regarding state customary traditions should not be handled in a manner that creates administrative ambiguity or public anxiety. Instead, they require a calm, measured alignment with established legal processes.

The code of harmony within Adat Perpatih

Adat Perpatih was never intended to be an instrument of administrative friction or abrupt governance shifts. Historically, its very essence relies on muafakat (consensus), meticulous deliberation, and equity. When customary actions are perceived to bypass codified legal systems, it risks overshadowing the noble values the ancestors sought to protect. Any attempt to alter or challenge the standing of a state’s highest leadership must strictly mirror the fairness, transparency, and balance that Adat itself champions.

To act without these safeguards risks transforming a revered tradition into a tool of procedural instability.

Media practitioners are seen outside the Balai Undang Sungei Ujong in Seremban on April 30, 2026. — Bernama pic
Media practitioners are seen outside the Balai Undang Sungei Ujong in Seremban on April 30, 2026. — Bernama pic

The constitutional safeguards of a sovereign ruler

Under the modern legal framework of Malaysia, the position of the Yang di-Pertuan Besar is heavily protected by a dual layer of customary legitimacy and written statutory law. When faced with unprecedented procedural challenges, the legal recourse and structural protections available to the Ruler are clear:

First, the primacy of the written constitution dictates that in a constitutional monarchy, customary actions must be harmonized with the written law.

Article X of the Negeri Sembilan State Constitution establishes a clear, rigorous threshold for any leadership evaluation. It implicitly demands the application of natural justice—meaning a fair, transparent, and comprehensive enquiry where all sides are heard—alongside the formal concurrence of the state’s executive government.

Unilateral or non-statutory declarations completely lack constitutional efficacy.

Second, the principle of executive concurrence ensures that the state’s administrative apparatus and law enforcement agencies function under the authority of the constitution.

Without the statutory endorsement of the Menteri Besar and the recognition of the Federal Government, alternative customary declarations cannot translate into executive or legal reality.

Third, the strength of administrative continuity reinforces public confidence. By maintaining a dignified, calm, and consistent adherence to royal and constitutional duties, the reigning institution anchors the state.

Stability is maintained not through public friction, but through an unwavering commitment to the continuity of the state’s governance.

Conclusion: Aligning custom with the rule of law

Just as the global community requires clear frameworks to ensure fairness and prevent chaos, local governance demands a strict adherence to constitutional boundaries.

Customary laws like Adat Perpatih are a source of great cultural strength, but their survival and respect depend entirely on their alignment with the universal principles of natural justice and the written constitution.

The institutional integrity of Negeri Sembilan remains firmly protected when all parties prioritize procedural law over emotional sentiment, ensuring that justice remains the true cornerstone of the state.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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‘Undang’ jibe at Anthony Loke crosses line, Negeri Sembilan aide told to apologise

Malay Mail

KUALA LUMPUR, June 15 — A press secretary to the Negeri Sembilan Menteri Besar has been urged to issue a public apology after allegedly mocking the state’s Undang Yang Empat institution by referring to DAP secretary-general Anthony Loke as the “fifth Undang”.

Umno Negeri Sembilan committee member Datuk Saiful Yazan Sulaiman said it was inappropriate to turn the Undang title into a political joke, according to a Sinar Harian report.

He said he took seriously a viral video on social media showing a government officer allegedly referring to Loke as the “fifth Undang” during the Pakatan Harapan Negeri Sembilan election machinery launch recently.

“I wish to stress that the Undang title is not a subject for political jokes. It carries its own position, history and dignity within the Adat Perpatih system and the state of Negeri Sembilan,” he said in a statement on Monday.

Saiful said linking any political leader to the Undang title, even in jest or satire, was inappropriate and showed a lack of sensitivity and understanding of the state’s adat institutions.

He added that it was more disappointing as the remark came from someone within the state administration, who should have upheld respect for local customs and institutions.

He also urged the menteri besar to state his position on the matter.

“The menteri besar cannot remain silent or treat this as trivial. Failure to act will create the impression that belittling adat institutions is accepted by the state government,” he said.

Saiful stressed that the people of Negeri Sembilan would not allow the state’s customs and heritage to be disrespected for political gain.

“The adat institution does not belong to any political party. It is the dignity of Negeri Sembilan,” he said.

“The officer concerned must issue a public apology to the people of Negeri Sembilan and the Undang Yang Empat institution without excuses or delay.”

Separately, Negeri Sembilan Umno Youth chief Mohamad Fadil Md Zin described the remark as rude and disgraceful.

He said, as a state resident, the individual should have been more sensitive, especially as he holds a position within the government.

“Umno Youth strongly condemns the use of the ‘fifth Undang’ title during the PH Negeri Sembilan machinery launch.

“The adat institution is not a joke and must be respected by all. As the saying goes, ‘better to lose a child than lose adat’,” he said.

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N. Sembilan MB’s press secretary apologises to Undang rulers over Anthony Loke ‘Tok Undang’ remark

Malay Mail

SEREMBAN, June 15 — Negeri Sembilan Menteri Besar’s press secretary Ahmad Shahir Mohd Shah today apologised to the Undang Yang Empat over his use of a title associated with the Undang institution during the launch of Pakatan Harapan’s (PH) Negeri Sembilan election machinery on Friday.

Ahmad Shahir said that as a Negeri Sembilan native who holds the state’s customs, culture and the Undang institution in high regard, he viewed the use of the title “Dato’ Undang” seriously as it involved the sensitivities of the Adat Perpatih institution, which should be respected by all parties regardless of political affiliation.

“I would like to begin by apologising to the Undang Yang Empat for my remarks made in jest with DAP secretary-general and Seremban MP Anthony Loke, in which I referred to a title used for him on social media, namely “Tok Undang”.

“Following this lapse in judgment, I acknowledge my mistake and hope the matter will help clear up any misunderstanding that has arisen,” he said in a statement here.

He said PH remained committed to respecting and upholding the dignity of the Undang institution as a valuable heritage that forms part of Negeri Sembilan’s identity and pride. — Bernama 

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