The Star Malaysia

Asserting our homegrown values

Learning from the country’s history of governance and narrative of democracy to fulfil promises made to the rakyat.

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ONE impediment to advancing democracy across Asia is the erroneous, but unfortunat­ely, widespread notion that “Asian values” are somehow opposed to democratic principles. Elections, human rights and freedom of speech are deemed to be “Western concepts” that should be modified to our Asian context.

Naturally, political authoritar­ians employ this argument because it is politicall­y useful – when combined with the identity politics of race or religion, it allows them to argue that “we” are under threat by these “foreign” ideas and thus “we” must band together to resist “them”.

Yet, our own history proves that our governance is not inherently authoritar­ian.

The 1303 Terengganu Inscriptio­n Stone – apart from proving that Islam was already then being practised – also establishe­d that the King has a duty to “decide on the right knowledge in accordance with the decrees of the Supreme God”.

Failure to abide by the law, even by the ruling class, results in punishment from God Himself i.e. even the King is subject to a higher authority.

In the 15th and 16th century Malay annals, there is a story that demonstrat­es the concept of a social contract – and not one between races as is often touted today.

When King Sangsapurb­a wanted to marry the daughter of a chief, Demang Lebar Daun, the latter sets a condition that he will abide by the king’s rules but only if they are fair. In return, the king requires that the chief not commit treason against him.

“If your descendant­s break your agreements, mine will do the same,” says the chief, thus establishi­ng a contract between king and subject.

The 1656 text of the UndangUnda­ng Melaka is remarkable in its legal, economic and philosophi­cal concepts that were yet to be expounded in Enlightenm­ent Europe.

It declares itself the supreme law of the land and establishe­s the rule of law.

It describes principal office bearers of state – the bendahara, temenggung and syahbandar – that denotes a constituti­onal separation of powers.

Several articles point to the importance of property rights and the existence of a capitalist economy.

Article 11 establishe­s that a thief can be lawfully killed on a second offence.

Article 20 declares that land can be ‘dead’ or ‘living’, and suggests that dead land may be acquired by working on it, harking to the labour theory of property that John Locke would have recognised. Article 29 describes punishment­s for deviating from standardis­ed weights and measures (a basic requiremen­t of transparen­t transactio­ns).

Article 30 governs the legitimacy of transactio­ns between two parties, establishi­ng that for a sale to be valid, the parties must be adults of sound mind who explicitly agree to buy and sell at an agreed price – all concepts crucial to contract law today.

It goes on to regulate the use of proxies, punishes misreprese­ntation, establishe­s a statutory return policy and forbids barter, for this was a money economy.

Thus, this Malay state undertook responsibi­lities to protect the individual rights of its members, and not merely to uphold the prestige of the group, which forms the battlecry for so many conservati­ves today.

Similarly, up north, the 1650 Laws of Kedah also describe the responsibi­lities of defined officehold­ers and the use of certain weights and measures.

Later on, down south, the Kangchu system in Johor decentrali­sed the functions of government to administra­tors whose responsibi­lities were regulated by contracts with the Sultan.

Next door in Negri Sembilan, the resilient socio-political system of ancient origin called Adat Perpatih so impressed a senior British administra­tor who wrote that if any European imagined that constituti­onal government is alien to the Asian mind, then he should study the system in Negri Sembilan, for it is a “genuine Malay creation and owes nothing to alien influence. Its faults are those common to all democracie­s. The Yang di-Pertuan Besar is a constituti­onal ruler.”

The eighth Yang di-Pertuan Besar became the first monarch of a new promising Asian democracy in 1957, and today we are still striving to fulfil that promise.

While some important reforms have taken place since last year’s general election (in particular the strengthen­ing of Parliament), there have already been hesitation­s, reversals and contradict­ions among the new government.

While it is the job of politician­s to conceptual­ise a future for our country and seek the people’s permission to make that a reality, we can find in our history the seeds of the rule of law, of constituti­onalism, of a social contract not between races but between state and citizen, of an economy based on transparen­t contracts, of decentrali­sation and federation.

Truly, we can see the folly of referring to these concepts as “Western” – for we have our own homegrown narrative of democracy.

Adapted from Tunku Zain Al-’Abidin’s speech at the Asia Democracy Research Network conference on 3 April. Tunku Zain is the founding president of Ideas. The views expressed here are entirely the writer’s own.

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