LEARNING FROM HISTORY: Sultan Abu Bakar codified the rules of succession to avoid delays in the appointment of a successor
JOHOR BAHRU: It is a custom in Johor's royal court that the Sultan's first-born son is heir to the throne. History, on occasions, has proven otherwise.
Temenggong Daing Ibrahim, the second son of Temenggong Abdul Rahman, was chosen by the British and the Sultan of Lingga to succeed his father after a lapse of 16 years.
The elder son, Tun Abdullah, was said to be handicapped, rendering him ineligible to succeed.
The British delayed the appointment as they did not wish to have a native ruler in Singapore whom they considered may hamper their progress.
In the meantime, Sultan Hussain had died, and the appointment of a successor was also delayed due to the reluctance of the British, causing a vacuum, where Johor had no ruler.
Tengku Ali, who succeeded Sultan Hussain as Sultan of Johor, was his second son, as the elder son Tengku Abdul Jalil's mother was a commoner and therefore, he was deemed ineligible to be a ruler.
Sultan Abu Bakar, the eldest son of Temenggong Ibrahim, succeeded the throne without any interference, influence or advice from outside authorities including the British, marking the beginning of the true and legal path of succession and the making of a sovereign.
Having learnt from history, and to avoid delays in the appointment of a successor which may lead to claims to the throne, Sultan Abu Bakar codified in the State Constitution the rules of succession.
An Heir Apparent is appointed as soon as a new Ruler ascends the throne. The Constitution authorises the Council of the Royal Court (Jumaah Majlis Diraja) and the Supporters of the Country (Jumaah Pangkuan Negeri) to confirm the Heir Apparent as the legal and rightful successor to the throne on the demise or abdication of the Ruler.
The Counsellors of the Royal Court, numbering not less than seven and not more than 12, are appointed by the Ruler. They must be of the Malay race professing the Muslim faith and subjects of the Ruler.
The functions of the Royal Court are to offer counsel and advice to the Ruler on all matters which concern the Ruler, the royal house or any member thereof.
Such counsel or advice does not include the powers of the Ruler to act on advice from the State Executive Council or the State Pardons Board or where the Sultan acts on his discretionary powers as in the appointment of the Menteri Besar and the appointment of persons to Malay customary ranks and titles.
Politicians are excluded from membership of the Council of Royal Court in keeping with the spirit that the Ruler is above politics.
The Supporters of the Country consist of the Counsellors of the Royal Court, Dato's, Orang-orang Kaya and Penghulu-penghulu Besar provided that each member shall be of the Malay race professing the religion of Islam and a subject of the Ruler.
In Syariah law, the Supporters are termed Ahlul-Hilliwal-'Aakadi, meaning people in high offices and trusted. The meeting of the Supporters is presided by the Menteri Besar, or in his absence the president of the Council of the Royal Court.
The Dato's are ordinary members of the Order of the Crown and the Order of the Sultan Ismail.
Except for the State Secretary, who is appointed secretary to the Council, Malay Dato's who are serving as public servants in Federal and State governments, or Federal and State authorities and commissions or who are members of the administration, may attend the meeting of the Supporters of the Country but shall have no voting rights.
The Orang Kaya and Penghulu Besar are traditional titles conferred by Sultan Abu Bakar on village chieftains. They were appointed by the Sultan from among capable and trusted leaders of the community and were once regarded as the official representatives of the Ruler in their communities.
From 1915, their appointment were made by the Residents and later by the Public Service Commission. They are now regarded as public servants and thus are excluded as Supporters of the Country.
In the event the Ruler is taken seriously ill, the Council of the Royal Court shall obtain medical evidence from at least three medical specialists including the physician who has been looking after him to confirm the Ruler is incapacitated by reason of infirmity of mind and body rendering him incapable of performing royal functions.
The Council, if satisfied with the evidence, shall appoint a Regent to expedite the performance of royal functions.
Traditionally, under such circumstances the Heir Apparent is appointed Regent and shall take an oath of office in front of the Council.
On the death of the Ruler, the Supporters of the Country shall convene a meeting to confirm the Heir Apparent as the lawful successor to the throne. The meeting is traditionally held in the Throne Room of the Istana Besar the day of lying-in-state of the late Ruler. The Supporters, if not unanimous, makes its decision by a simple majority of the members present and voting.
The President of the Council conveys the decision to the Heir Apparent who then takes the Oath for a Ruler as prescribed in the First Schedule of the Constitution in front of the Council and witnessed by close members of the royal family: "Wallahi Wabillahi Watallahi, I, ..........., on my accession as Sultan and Sovereign Ruler of the State and Territory of Johor and all its Dependencies, do swear that I will rule the people of Johor wisely, justly, sympathetically and impartially and I do swear that I will protect and respect the religion of Islam and the Malay custom and abide strongly by the Laws of the Constitution of Johor as well as other laws of the State. So help me God."
Prior to the royal coffin being borne down the main steps of the Istana Besar by royal pallbearers, the Menteri Besar proclaims the new Ruler followed by three cries of "Daulat Tuanku" (Hail the King) echoed by the waiting crowd.
The state anthem Lagu Bangsa Johor is played and the Sovereign Standard hoisted to full mast before being lowered to half-mast as a sign of mourning.
"Be it known to all present, and to all subjects of the State of Johor of Malay race and of all and every nationality and religion, together with all those under protection of the flag of Johor, that under Article VIII of the Johor State Constitution of 1895, We, Sultan Ibrahim Ismail Ibni Almarhum Sultan Iskandar, have ascended the throne of the State and have subscribed to the Oath in the Throne Room at 10.30am the Seventh day of Safar in the year 1431 Hijrah corresponding to 23 January 2010 in front of the Supporters of the Country as Sovereign and Ruler of the State and Territory of Johor and its Dependencies replacing Our late father Almarhum Sultan Iskandar Alhaj Ibni Almarhum Sultan Ismail."
The taking of the prescribed oath and the proclamation by the Menteri Besar fulfil the legal requirements of the making of a sovereign.
Dato' Abdul Rahim Ramli is secretary of the Council of the Royal Court.
JOHOR BAHRU: It is a custom in Johor's royal court that the Sultan's first-born son is heir to the throne. History, on occasions, has proven otherwise.
Temenggong Daing Ibrahim, the second son of Temenggong Abdul Rahman, was chosen by the British and the Sultan of Lingga to succeed his father after a lapse of 16 years.
The elder son, Tun Abdullah, was said to be handicapped, rendering him ineligible to succeed.
The British delayed the appointment as they did not wish to have a native ruler in Singapore whom they considered may hamper their progress.
In the meantime, Sultan Hussain had died, and the appointment of a successor was also delayed due to the reluctance of the British, causing a vacuum, where Johor had no ruler.
Tengku Ali, who succeeded Sultan Hussain as Sultan of Johor, was his second son, as the elder son Tengku Abdul Jalil's mother was a commoner and therefore, he was deemed ineligible to be a ruler.
Sultan Abu Bakar, the eldest son of Temenggong Ibrahim, succeeded the throne without any interference, influence or advice from outside authorities including the British, marking the beginning of the true and legal path of succession and the making of a sovereign.
Having learnt from history, and to avoid delays in the appointment of a successor which may lead to claims to the throne, Sultan Abu Bakar codified in the State Constitution the rules of succession.
An Heir Apparent is appointed as soon as a new Ruler ascends the throne. The Constitution authorises the Council of the Royal Court (Jumaah Majlis Diraja) and the Supporters of the Country (Jumaah Pangkuan Negeri) to confirm the Heir Apparent as the legal and rightful successor to the throne on the demise or abdication of the Ruler.
The Counsellors of the Royal Court, numbering not less than seven and not more than 12, are appointed by the Ruler. They must be of the Malay race professing the Muslim faith and subjects of the Ruler.
The functions of the Royal Court are to offer counsel and advice to the Ruler on all matters which concern the Ruler, the royal house or any member thereof.
Such counsel or advice does not include the powers of the Ruler to act on advice from the State Executive Council or the State Pardons Board or where the Sultan acts on his discretionary powers as in the appointment of the Menteri Besar and the appointment of persons to Malay customary ranks and titles.
Politicians are excluded from membership of the Council of Royal Court in keeping with the spirit that the Ruler is above politics.
The Supporters of the Country consist of the Counsellors of the Royal Court, Dato's, Orang-orang Kaya and Penghulu-penghulu Besar provided that each member shall be of the Malay race professing the religion of Islam and a subject of the Ruler.
In Syariah law, the Supporters are termed Ahlul-Hilliwal-'Aakadi, meaning people in high offices and trusted. The meeting of the Supporters is presided by the Menteri Besar, or in his absence the president of the Council of the Royal Court.
The Dato's are ordinary members of the Order of the Crown and the Order of the Sultan Ismail.
Except for the State Secretary, who is appointed secretary to the Council, Malay Dato's who are serving as public servants in Federal and State governments, or Federal and State authorities and commissions or who are members of the administration, may attend the meeting of the Supporters of the Country but shall have no voting rights.
The Orang Kaya and Penghulu Besar are traditional titles conferred by Sultan Abu Bakar on village chieftains. They were appointed by the Sultan from among capable and trusted leaders of the community and were once regarded as the official representatives of the Ruler in their communities.
From 1915, their appointment were made by the Residents and later by the Public Service Commission. They are now regarded as public servants and thus are excluded as Supporters of the Country.
In the event the Ruler is taken seriously ill, the Council of the Royal Court shall obtain medical evidence from at least three medical specialists including the physician who has been looking after him to confirm the Ruler is incapacitated by reason of infirmity of mind and body rendering him incapable of performing royal functions.
The Council, if satisfied with the evidence, shall appoint a Regent to expedite the performance of royal functions.
Traditionally, under such circumstances the Heir Apparent is appointed Regent and shall take an oath of office in front of the Council.
On the death of the Ruler, the Supporters of the Country shall convene a meeting to confirm the Heir Apparent as the lawful successor to the throne. The meeting is traditionally held in the Throne Room of the Istana Besar the day of lying-in-state of the late Ruler. The Supporters, if not unanimous, makes its decision by a simple majority of the members present and voting.
The President of the Council conveys the decision to the Heir Apparent who then takes the Oath for a Ruler as prescribed in the First Schedule of the Constitution in front of the Council and witnessed by close members of the royal family: "Wallahi Wabillahi Watallahi, I, ..........., on my accession as Sultan and Sovereign Ruler of the State and Territory of Johor and all its Dependencies, do swear that I will rule the people of Johor wisely, justly, sympathetically and impartially and I do swear that I will protect and respect the religion of Islam and the Malay custom and abide strongly by the Laws of the Constitution of Johor as well as other laws of the State. So help me God."
Prior to the royal coffin being borne down the main steps of the Istana Besar by royal pallbearers, the Menteri Besar proclaims the new Ruler followed by three cries of "Daulat Tuanku" (Hail the King) echoed by the waiting crowd.
The state anthem Lagu Bangsa Johor is played and the Sovereign Standard hoisted to full mast before being lowered to half-mast as a sign of mourning.
"Be it known to all present, and to all subjects of the State of Johor of Malay race and of all and every nationality and religion, together with all those under protection of the flag of Johor, that under Article VIII of the Johor State Constitution of 1895, We, Sultan Ibrahim Ismail Ibni Almarhum Sultan Iskandar, have ascended the throne of the State and have subscribed to the Oath in the Throne Room at 10.30am the Seventh day of Safar in the year 1431 Hijrah corresponding to 23 January 2010 in front of the Supporters of the Country as Sovereign and Ruler of the State and Territory of Johor and its Dependencies replacing Our late father Almarhum Sultan Iskandar Alhaj Ibni Almarhum Sultan Ismail."
The taking of the prescribed oath and the proclamation by the Menteri Besar fulfil the legal requirements of the making of a sovereign.
Dato' Abdul Rahim Ramli is secretary of the Council of the Royal Court.
