Coming of Age: Role of State Council in Brunei
Teething Troubles in State Council
By Assoc. Professor Dr Haji B. A. Hussainmiya, Department of
History, Universiti Brunei Darussalam
Sultan Abdul Mumin (1825 -1885) |
Traditional Council Meeting - Brunei. - Photos courtesy: Raja Brooke's Borneo |
In the very first meeting of the Brunei State Council held
on 29 June 1907, the new British administration got down to serious business.
The most important agenda was to sort out land rights in the State and to
simplify ownership of private property.
Although the first meeting went on smoothly, the matter
could not be resolved in the State Council until 1909 before the locals could
be pacified to accept fixed forms of land ownership that varied significantly
from Brunei customary land rights.
Addressing the Council on that day, for instance, Harvey
Chevalier, the acting resident announced that "Up to the present there
appears to be no finality to claims to Tulin rights in Brunei territory, and
that finality is indispensable."
He also gave an ultimatum for all property owners to file
their Tulin claims with supporting documents within three months. In the
interim, the Council would consider the validity of claims for compensation by
the Resident.
This drastic stand on the traditional land rights spread
consternation among the Bruneian land owners. The British move struck at the
very heart of the Brunei custom and royal prerogatives.
Until then the laws, polity, bureaucracy if any, power, and
territorial administration and so on had been linked inextricably with royal
property rights in Brunei. What and how did Royal Brunei manage State property?
At this juncture it is important for the readers to understand nuances of
Brunei customary rights related to land in the pre-Residential era.
A best description of the traditional Brunei land rights is
to be found in the 1881 Will of Sultan Abdul Mumin transmitted to the British
Consul General in Labuan. It would be better for clarity's sake if I render
below verbatim from the English translation of the original Will published in
1977 by Professor D.E. Brown in the Brunei Museum Journal, Vol.3., No.2 of page
158.
The description of the land rights as explained by the Will
is as follows.
[Beginning from Para 3. A] Chief {Pengiran} who inherited
property from his ancestors, rivers or men, such property are called 'Sungai
Tulin' (private river) and 'Hamba Tulin' (private slaves. The Ruler of Brunei
collects no revenue from the said river or men. The owning chief collects the
revenue and is at liberty to bequeath them to their heirs.
4. The portion of the country, rivers and men which are
crown property are called 'Negri Kerajaan' (crown land) and 'Hamba Kerajaan'
(crown slaves). The Ruler may collect revenue therefrom but cannot bequeath
them to his heirs
5. The portion of rivers and men belonging to a Minister
[Wazir] are called 'Sungai Kuripan'[official river] and 'Hamba Kuripan'
[official slaves]. The said Minister collects revenue therefrom and if he dies,
the same revert to the Crown until his successor is appointed; such property
cannot be bequeathed to the heirs.
As such rivers and men belonging to the upper class
Ministers [Kepala Menteri] are called 'Kuripan'. The Minister is at liberty to
collect revenue from the river, if he dies they revert to the Crown.
6. As regards 'Sungai Tulin' (private river) the owner can
do as they wish, the Rajah can impress the wishes of the Government upon the
owner and he will give effect to the Royal command upon his followers.
In the same document Sultan Abdul Mumin underlined the fact
that "Since we became Sultan we have observed the custom of former Rulers
- after our demise those who succeed us should obey this custom, so that no
confusion may happen in the country.
(Readers please note that the rivers mentioned above literally
mean LAND as the boundaries of major property ownership by ruling class was
determined by the rivers in traditional Brunei.)
Like in many pre-colonial societies Brunei's property rights
too were closely linked to custom, and the entire territorial administration
deferred to it by having spread the power among the feudal potentates.
But the incoming colonial administration decided to sweep
them aside-- perhaps for understandable reasons-- because they were determined
to reform Brunei Government which has become so weak on the eve of the British
intervention.
The British innovation
Primarily in their bid to earn revenue to meet the
expenditure of the State, the Resident's administration needed to take control
of all unclaimed lands as State lands. Moreover, when necessary to be parceled
out among prospective bidders including the European concerns willing to invest
in Brunei in large scale plantations like rubber estates etc;. Already as a
sequel to the 1905/1906 Agreement the Sultan and his two principal Wazirs, the
Pengiran Bendahara, and Pengiran Pemancha had lost their tenurial legacies for
Kerajaan, and Kuripan. They had to surrender also their Tulin rights together
with a large part of cession monies and monopolies. In return they received compensation
of a fixed sum of annuities much like the other Malayan nobility in the
Peninsula did.
In Brunei's case , the Sultan and his Wazirs were paid
$12,000, and $6,000 per annum or $1,000 and $500 per month respectively to be
revised later when the State enjoy better times. They, however, were allowed to
retain some land surrounding their residences for which they were exempt from
paying rates, rents or any other charges. Sultan Hashim Jalilul Alam was too
old then to grasp the significance of his personal loss of lands. In any case
he could not override the Resident while the principal Wazirs could scarcely
raise a banner of protest having been accused of trying to sell off the country
to Rajah Brooke of Sarawak.
The British did not bother to understand or acknowledge the
complexities of customary land laws in Brunei. They had one clear and an
overriding policy.
From the very outset the British officialdom moved towards
the institution of property as they understood it; which meant rights of
unqualified possession or freehold rights, permitting the holders to freely
transfer and manipulate their properties and to use them according to the
European ideology of land as an "estate to be managed".
This required English forms of conveyancing and laws to protect
individual rights to land. Without fixity of tenure, according to the rationale
of that day, entrepreneurs would not invest in the development of land.
Security of tenure was considered a prerequisite for capitalist enterprise,
whether by European or native, by plantation-owners or small-holders.
Legalising land ownership on paper as practiced in the
advanced societies was not something the Bruneians were accustomed to although
their rights received endorsements by tacit understanding and sealed approval
from the palace. In the least important Tulin lands, that is private property,
as against Kerajaan, or royal
property as well as Kuripan, i.e; property belonging to
nobles needed the official seal of the Sultan. The land may have belonged to
private individuals but they did so at the pleasure of the Sultan, because in
theory the Sultan owned all lands in the Sultanate.
Many in Brunei could not have proper papers to claim their
land rights when the residency system was introduced in 1906.
More so were the Kedayans, traditional agriculturalists who
customarily enjoyed joint ownership of large tracts of land for cultivation and
other activities.
It was almost understood that they owned collectively in
perpetuity.
The new requirement passed by the State Council that Tulin
holders should prove their rights to lands caused panic and chaos. In fact when
Sultan Hashim Jalilul Alam was suffering serious illness between March-May in
1906 just before he died, many individuals had forged his seal to claim State
lands fraudulently.
Moreover several Chinese traders who obtained lands from
Malay debtors had inflated their own claims to Brunei lands mortgaged to them.
The incoming British administration came to know about illegal transfers of
land and that was nearly nullifying their hope of earning revenue by
redistribution of State lands.
As might be expected, the British proposals for new land
ownership rules encountered heavy opposition from all parties including the
young Sultan Muhammad Jamalul Alam and his principal Wazirs.
Source : Daily Info
In the 16th and early 17th centuries, Brunei devised a system whereby its territories were divided into Jajahan (dependencies) for administrative purposes.
ReplyDeleteFrom the 1870s to 1880s Brunei’s principal jajahan were:
Tempasuk
Tuaran
Menggatal
Mengkabong
Inanam
Api-Api
Putatan
Kawang
Panglat (sic)
Papar
Benoni
Kimanis
Bongawan
Membakut
Padas-Klias (Kuala Penyu is here)
Padas-Damit
Note:
Each jajahan (dependency) was actually the valley/plain through which the river and its tributaries flowed—from the source to the mouth. That’s why the jajahan was also simply called Sungai.
Who were the rulers of these dependencies/jajahans/sungais?
The rulers and administrators of Brunei consisted of:
I. The Sultan or Yang di-Pertuan. He was the supreme authority in the State.
II. Directly under the Sultan were 4 Ministers of State or Wazir. They were usually chosen from members of the royal family or nobility (Pengiran).
1. Pengiran Bendahara (Chief Minister)
2. Pengiran Temenggunng (Minister in-charge-of justice and defence)
3. Pengiran di-Gadong (Minister of finance)
4. Pengiran Pemanca (Minister in-charge-of diplomatic affairs)
III. Ceteria
The highest post is that of Pengiran Syahbandar (Officer in-charge-of commerce)
IV. Menteri
V. Community leaders/tribal leaders/village headman (chosen by communities but given official recognition by government)
A jajahan was divided into two main categories;
A) OFFICIAL APPANAGES
i) Sungai Kerajaan belonged to the ruler (Sultan) or the Crown
ii) Sungai Kuripan belonged to the Wazir--- there were four, remember?
B) PERSONAL or hereditary domains (or Sungai Tulin or Pesaka)
These were private lands and could be held by the Sultan, Wazir or Pengiran (nobility)
The owner/overlord (a) governed his Tulin privately and collected revenues/taxes. He owned both land AND the residents (known as hamba!). The more households in the tulin, the more taxes—which were based on the number of households—could be collected. The Brunei kept track of their hamba so even if the hamba had moved, say from Papar to Putatan, the hamba still paid his poll-tax to Papar!
The owner/overlord also (b) administered the tulin and paid taxes to the Sultan (Crown).
Note: Unlike official appanages, tulins were inheritable and could be bought and sold by local people. Foreign buyers needed consent from the Sultan.
Now, although the tulins were personal territories of the Sultan, Wazirs or pengirans, these owners lived in the capital (negeri). So the overlords appointed local people as proxies! The owners of the tulins ‘remote-controlled’ the local proxies to administer in their absence.
The proxies enjoyed certain perks, were recognized by the government and were conferred titles of Datuk or, the less grand, Orang Kaya? Example: Datuk Amir Bahar of Papar; Datuk Setia of Putatan who was setia to his overlord, Pengiran Muda Tajudin.
Not all overlords practised ‘remote-control’ from Brunei/the capital/negeri. The Mengkabong overlord, Pengiran Abdul Rauf administered his jajahan himself. He also had officers under him: Datuk Bandar, Datuk Temenggung, Datuk Pemanca, Orang Kaya Laksmana.