Page:Journal of the Straits Branch of the Royal Asiatic Society (IA journalofstra21221890roya).pdf/294

 who would sometimes seek, if they could, to enforce the latter, are met by the plea that the practice denounced is lawful by Malay custom, and it is thus that debt-bondage, like opium smoking, gambling, etc. is always defended.

Slaves (hamba and kawan) in Perak are of two classes : —
 * (1) Slaves (‘abdi).
 * (2) Debtors (orang ber-hutang).

A slave (‘abdi) is either:—(1) A captive taken in war; (2) an infidel captured by force (e.g., a Batak of Sumatra or Sakei of the Peninsula ); (3) A man-slayer (yang baca darah mati), or other criminal who is unable to pay the price of blood, or other fine (diyat), and who surrenders (hulur) himself and family to the Raja as slaves; (4) the offspring of a female slave (except when the owner acknowledges himself to be the father).

Hulur.—The Raja's privilege of retaining as slaves all persons who have taken human life, and who throw themselves upon his protection, seems to be purely Malay. In other points the definition of the status of slave given above is in accordance with Muhammadan law.

Debt-bondage.—A debt-bondsman, although often called hamba (slave), is more correctly termed kawan (companion). He is a free man (mardahika) as opposed to a slave (‘abdi) though from his being obliged to serve his creditor in all kinds of menial employment, the two conditions are not always readily distinguishable.

The Kuran, Sale's translation, C. II.—This institution of debt- bondage is a native Malay custom, and is wholly opposed to Muhammadan law, which is most lenient to debtors. "If," says the Kuran, "there be any (debtor) under a difficulty (of paying his debt) let (his creditor) wait till it be easy (for him to do it); but if ye remit it as alms it will be better for you, if ye knew it. And fear the day wherein ye shall return unto God; then shall every soul be paid what it hath gained, and they shall not be treated unjustly."

Pecuniary limit of fine.—Malay custom in Perak used to fix