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pilfer the goods inherited by absent persons under the pretence of administering the estates.
As we have already seen, these chiefs also find in the langgéh umòng[1], or banning of rice-fields, a welcome method of quietly acquiring possession of many a desirable piece of land.
Transfer of rights.The rights exercised by their occupiers over ladangs, umòngs, lampōïhs and courtyards (tanòh rumòh, sometimes also used as lampōïh or gardens) are expressed by the term milé[2] (milk) which is borrowed from the Arabic.
Succession.Just like all other ownership, that of the various sorts of land we have mentioned passes at the owner's death to his heirs. We shall see in a later chapter what departures from the Mohammedan law are exhibited by the Achehnese law of inheritance. The fact that in distributing estates, the umòngs are, where possible, given to the sons and the houses to the daughters is not in itself in conflict with the Mohammedan law.
Wills (wasiët) are seldom made[3]. The Achehnese who feels his death approaching generally acquaints those present with his last wishes in regard to the distribution of his property among his heirs, the place where he desires to be buried and so forth. This is called pumeusan (from peusan[4]) and these last "behests" are generally observed out of piety, although they have no binding effect under Mohammedan law.
The right of the owner to devote one-third of his property to the advantage of objects or persons other than the heirs appointed by law, is universally recognized but seldom practised in Acheh.
The making of waqf.Equally seldom exercised is the right of withdrawing lands or other property from common use and making them wakeuëh (Arab. waqf), the usufruct or income being devoted to some purpose permitted by the Mohammedan law.
The rice-fields whose revenues are devoted to the upkeep of the mosques belong to this class; they are called umòng sara or meusara (see p. 122) and their foundation is in part ascribed to the old sultans.
- ↑ See pp. 115 above.
- ↑ Milik in Malay has the same sense. In the Straits settlements, where English land law prevails to a great extent, it is used in the sense of "occupancy", and no rule of English law is more readily understood by the Malays than that by which twelve years adverse possession (milik) confers an indefeasible title upon the occupier. (Translator).
- ↑ This is also the case among the Malays. (Translator).
- ↑ Malay pěsan, which means to "direct" or "convey a behest" to another. (Translator).
