The Concept of Sovereignty in Hukum Kanun Melaka

Sovereignty is the main aspect that influences the constitutional principle of a government. According to Wan Ahmad Fauzi, the framework of the concept of sovereignty consists of the source of sovereignty and the characteristics of sovereignty. Historically, Hukum Kanun Melaka was the Constitution of Malaya as it was enforced by Sultanate of Malacca as early as 1424. This article is intended to explore the concept of sovereignty within Hukum Kanun Melaka from three aspects; its concept of sovereignty, its principle of Constitution and its legitimacy. The aforesaid discussion is very important because it has a close relationship with the sovereignty of the Malay rulers under article 181(1) of the Federal Constitution. This article applies the legal history methodology. The findings show that the sovereignty within the legal framework of Hukum Kanun Melaka is sourced from the teaching of Islam and the influence of the Malay custom. It is not only recorded in various provisions therein, it is even strengthened through its principles of law and political system. The interpretation of the concept of sovereignty is very important because it determines the legitimacy of policies for an independant Government. Ultimately, it is how the rule of law is defined.