The Constitution versus The Adat Perpatih
The events of 2026 have tested the legitimacy of Adat Perpatih and the Negeri Sembilan Constitution 1959 against constitutional and political manoeuvre.
The 19 April declaration to remove Tuanku Muhriz by Mubarak and the three Undangs was declared invalid on two separate and independent grounds.
The declaration was constitutionally invalid because Mubarak had already been removed from his position as Undang by the Dewan Keadilan dan Undang (DKU) on 17 April 2026 under Article 14(3) of the Negeri Sembilan Constitution 1959, with his removal having originally taken effect from 13 May 2025. Under Article 16, DKU decisions are final and cannot be challenged in any court.
The declaration was also invalid under Adat Perpatih, the matrilineal customary law of Negeri Sembilan, because the Ibu Soko Klana Hulu and Anak Waris Klana Hulu explicitly gave no mandate for it.
But what happens if Ibu Soko is ignored?
The events of 2026 have pitched the legitimacy of Adat Perpatih against constitutional and political maneuvering.
The Ibu Soko, under Adat Perpatih, is central to the legitimacy of an Undang's apointment.
In open defiance of the DKU’s decision and Ibu Soko’s withdrawal of consent, the removed Undang Mubarak continues to insist that his removal was invalid and that the appointment of Muhammad Faris Johari as the new Undang of Luak Sungei Ujong carries no legitimacy. He has taken the matter to court, demanding access to the minutes of the DKU special sitting of 17 April 2026: the very body whose decisions Article 16 of the Negeri Sembilan Constitution 1959 declares final and unchallengeable in any court (Malaysiakini, 5 May 2026).
The Ibu Soko Tua of Rembau has also publicly questioned the consensus behind the appointment of the 22nd Undang (Negeri Kita, 8 May 2026).
The events of 2026 are not the first time Adat and modern institutions have come into contact in Negeri Sembilan. In 1951, the Langkah Rembau saw an UMNO Rembau campaign to abolish matrilineal inheritance defeated by the rakyat of Rembau. In 2016, the removal of the 14th Undang Luak Johol produced a standoff in which the state government had to cut water and electricity to the official residence to compel the removed Undang to vacate. What is different in 2026 is the scope. The 19 April declaration reached the office of the Yang di-Pertuan Besar himself, and the dispute has spread simultaneously across the Dewan Keadilan dan Undang (DKU), the courts, the State Legislative Assembly, and the federal coalition.
What does Article 32 in the Negeri Sembilan Constitution say?
Article 32 of the Negeri Sembilan Constitution 1959 states that the First Part of the Constitution does not generally affect Adat, and that ancient custom continues to apply where it is consistent with the Constitution. The operative word is consistent. Adat and the written constitution have, in the past, existed in a relationship of mutual dependence, each drawing legitimacy from its coexistence with the other.
But Article 32 carries an implicit hierarchy. If Adat is found to be inconsistent with the Constitution, the Constitution prevails. No one has ever definitively mapped where that line falls. Mubarak’s court action is, in effect, an attempt to force that mapping in his favour, using the constitutional framework to argue that the Adat process that removed him was itself invalid.
When actors within the system choose to treat one as subordinate to the other, or selectively invoke whichever framework is more convenient at a given moment, they place that relationship under strain.
Legal scholars have noted that the current crisis is the first time in modern Negeri Sembilan that the two systems have collided in this way. Dr Ikmal Hisham Md Tah of UiTM’s Faculty of Law has warned that the impasse risks affecting “the position of Adat in modern times” beyond the immediate dispute, and that prolonged uncertainty could erode public confidence in both frameworks simultaneously (Business Today, 27 April 2026).
If the DKU and the role of Ibu Soko are treated as optional, or politically inconvenient, the living Adat system loses its primary mechanism for self-regulation. The system then becomes a set of forms without substance, titles without consent, positions without legitimacy.
The deeper question this crisis poses is not whether Tuanku Muhriz prevails. It is whether Adat Perpatih does.
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Sources:
Can Negeri Sembilan’s Ruler Actually Be ‘Fired’? (The Rakyat Post, 20 April 2026)
Declaration to Depose Negeri Sembilan Ruler Not Recognised (Bernama, 20 April 2026)
Four Undangs skip Negeri Sembilan assembly opening as royal row lingers (Malay Mail, 23 April 2026)
The Constitutional Clash Driving Negeri Sembilan’s Power Struggle (Business Today, 27 April 2026)
Undang pecat Yamtuan, Ibu Soko pecat Undang (Free Malaysia Today, 30 April 2026)
Mubarak diarah kosongkan Balai Luak Undang Sungei Ujong (Sinar Harian, 30 April 2026)
Ibu Soko Tua dakwa ada kecacatan Adat dalam pemilihan Undang Rembau (Negeri Kita, 8 May 2026)
Anak Nogori is independent commentary on the unfolding constitutional crisis in Negeri Sembilan, where centuries-old Adat Perpatih, royal succession law, and modern political manoeuvring are colliding in ways Malaysia has never seen before. If you find this useful, share it with someone who should be following this, or subscribe to receive the latest articles in your inbox.
