Adat Perpatih and Adat Temenggung: two traditional Malay legal systems

Bahasa Malaysia: Adat · English: Adat (Malay customary law) · 中文: 马来习俗法（adat）

Two Malays can inherit family property under two completely different sets of rules — depending on which state they come from. In Negeri Sembilan, certain ancestral land passes to daughters through the maternal line. In most other states, it follows the paternal line. The difference is not a coincidence; it comes from two different systems of adat.

What is adat

Adat is the body of traditional law, rules, ceremonies and practices of the Malay community, passed down from generation to generation. It covers family matters, marriage, inheritance of property, the selection of leaders and community procedure.

In traditional Malay society, adat functions alongside religious law. The official portal of the Negeri Sembilan State Government describes adat as not merely a matter of marriage, food and enthronement, but “a way of life that should be nurtured and protected.”

There are two main adat systems in the history of the Malay states: Adat Perpatih and Adat Temenggung.

Two systems, one quick comparison

Aspect	Adat Perpatih	Adat Temenggung
Descent system	Matrilineal (maternal line)	Patrilineal (paternal line)
Main area	Negeri Sembilan and the Naning district of Melaka	The other Malay states
Social organisation	By suku and luak	Not organised by matrilineal suku
Ancestral property	Ancestral property passed through the maternal line	Tends to follow the paternal line

This comparison reflects general features commonly cited in historical sources. Actual details may vary by district and period.

Adat Perpatih

Adat Perpatih is a matrilineal adat system. According to the JKKN Cultural Mapping portal, it “practises a matrilineal system of descent, in which ancestral property and lineage are passed down through the maternal line.”

Several institutions form the backbone of this system:

• Suku. Society is organised by suku, i.e. groups of descent through the maternal line. JKKN cites Suku Biduanda as the main suku among twelve suku divisions.
• Luak. The state is divided into territories called luak (or luhak). The Negeri Sembilan State Government portal states that under Adat Perpatih, the state is divided into territories called luhak or luak.
• Undang and Datuk Lembaga. Leaders such as Undang and Datuk Lembaga are appointed based on the agreement of family members according to adat, not solely through direct inheritance. The Negeri Sembilan State Government portal cites four main districts led by the Undang Berempat (Undang Yang Empat).

The most prominent feature is the position of the Yang di-Pertuan Besar. Unlike the Ruler in the other Malay states, this position is not inherited directly from father to son; instead, it is chosen by the Undang according to adat. Negeri Sembilan’s system of rulership is indeed shaped by Adat Perpatih.

Adat Temenggung

Adat Temenggung is a patrilineal adat system, giving emphasis to the paternal line of descent. It is the more widespread form of adat, practised in the Malay states other than Negeri Sembilan and the Naning district.

Compared to the suku and luak organisation that characterises Adat Perpatih, Adat Temenggung does not organise society along the same matrilineal suku lines. The inheritance of property and position tends to follow the paternal line.

Because it is more widespread, many practices commonly regarded as “Malay adat” in general are in fact rooted in the framework of Adat Temenggung.

Origins according to historical tradition

Both systems are linked to the Minangkabau world of Sumatra. The JKKN Cultural Mapping portal records that the term Adat Perpatih came into use since the arrival of Islam in the 15th century, while the Negeri Sembilan State Government portal states that the Minangkabau community from Sumatra migrated to Negeri Sembilan in the 18th century and brought their adat with them.

According to traditional accounts commonly cited in encyclopaedic sources, both systems are named after two figures — Datuk Perpatih Nan Sebatang and Datuk Ketemenggungan — who are associated with the formulation of adat in the Minangkabau world. This account is traditional in nature and not a legal record; it is listed here as historical background, not as a legal fact.

Malay adat in the Federal Constitution

Although adat is a traditional practice, it is also recognised in the country’s highest law.

Definition of “Malay”. Article 160(2) of the Federal Constitution defines a “Malay” as a person who professes the religion of Islam, habitually speaks the Malay language and conforms to Malay custom, together with conditions relating to place of birth or domicile. Practising Malay adat is therefore one of the three main features of that constitutional definition, alongside the religion of Islam and the Malay language.

Ruler functions relating to Malay custom. The Eighth Schedule of the Federal Constitution, which lists the provisions to be included in a state constitution, refers to Ruler functions relating to Malay custom — including the conferment of ranks, titles and honours under Malay custom. This function is listed among the matters that are not replaced when Parts I and II of that Schedule are applied to a state without a Ruler.

The full background to these provisions is in the Federal Constitution.

Common mistakes

“Adat Perpatih and Adat Temenggung are two religions or two schools of religious thought.” No. Both are adat systems — traditional law and practice — not a religion or school of religious thought. It functions alongside religious law, not in place of it.

“Adat Perpatih is practised throughout Malaysia.” No. It is specifically associated with Negeri Sembilan and the Naning district of Melaka. The other Malay states are historically associated with Adat Temenggung.

“All Malay Rulers are chosen the way they are in Negeri Sembilan.” No. The selection of the Yang di-Pertuan Besar by the Undang according to adat is a specific feature of Adat Perpatih in Negeri Sembilan. In the other Malay states, the throne is generally inherited along the line of descent.

“Adat has nothing to do with modern law.” Not entirely. Malay adat is referred to in Article 160(2) and the Eighth Schedule of the Federal Constitution, and remains relevant to certain definitions and institutions.

Terms and related reading

• Negeri Sembilan — the state that practises Adat Perpatih
• Melaka — the state that contains the Naning district
• Yang di-Pertuan Agong — for comparison with the institution of rulership
• Syariah — the religious legal system that functions alongside adat
• Federal Constitution — the definition of “Malay” and the reference to Malay custom

What’s next

To understand the details of Adat Perpatih in Negeri Sembilan — the organisation of luak, suku and the role of the Undang — refer to the official portal of the Negeri Sembilan State Government and the JKKN Cultural Mapping portal.

For the official text of the constitutional provisions referring to Malay custom, use the Federal Constitution on the Attorney General’s Chambers’ Federal Legislation Portal, lom.agc.gov.my. Note that details of adat vary by state and district, and each state’s local sources are the most accurate reference for practice in that area.