law malaysia

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Laws may be defined as a body of rules which are enforced by the state. There are two types of laws in Malaysia, those are written law and unwritten law. Written laws are laws which have been enacted in the constitution or in legislations. Besides, written laws refer to the law that is contained in a formal document and which has been passed by a person or body that is authorised to do so. In Malaysia, which has a written constitution, written law consists of the Federal and State Constitutions, the legislation passed by Parliament and State Legislative Assemblies as well as subsidiary legislation. On other hand, unwritten laws refer to the law that has not been formally enacted. The unwritten law consists of case law which is decisions of the superior courts which are binding on the lower courts, customary law which is local customs which have been accepted as law by the courts and applicable principles of English common law and equity.
In my opinion, written law is the more important source of laws. It refers to the laws contained in the Federal and State Constitutions and in a code or a statute. The written laws are much influenced by English laws as the Malaysian legal system retains many characteristics of the English legal system. The Written law includes the Federal Constitution, State Constitutions, Legislation and Subsidiary legislation. Malaysia is a Federation of thirteen States with a written constitution, the Federal Constitution, which is the supreme law of the country. The Constitution can only be changed by a two-thirds majority of the total number of members of the legislature. The Federal Constitution comprises many Articles concerning the religion of the federation, citizenship, supreme law of the Federation and many other related subjects. Besides the Federal Constitution, there is a state constitution where each state has their own constitution regulating the government of that state. Legislation refers to the law enacted by a body constituted for this purpose. The Parliament and State Legislatures are not supreme and so they have to enact laws subject to the provisions set out in the Federal and State Constitution. Parliament is competent to enact laws on matters enumerated in List I of the Ninth Schedule while the State can enact laws on matters enumerated in List II. List III are within the concurrent competence of both authorities. Subsidiary Legislations are made by the people or bodies who are authorized by the legislatures. Subsidiary Legislation is mainly legislated by Ministers and local authorities. It made in contravention of either a parent Act or the Constitution is void except in a proclamation of emergency under Article 150 of the Federal Constitution
One of the sources of law in Malaysia is The Federal Constitution. The Federal Constitution is the supreme law of Malaysia. It is a written constitution. It stipulates the powers of the Federal and State Governments and provides for a democratic system of government. It also establishes a constitutional monarchy and entrenches fundamental liberties of the individual. To ensure that the Federal Constitution is not easily amended, a special majority of two-thirds of the total number of members of the legislature is required for an amendment .Furthermore, The State Constitutions. Each of the 13 states of Malaysia has its own State Constitution. These contain provisions pertaining to state matters as provided under the Federal Constitution. The State Constitutions deal largely with land matters, agriculture, forestry, local government and Islamic law. Other than these, Legislation. This comprises the laws passed by Parliament as well as the State Legislative Assemblies. The laws passed by Parliament since 1957 which is after Malaya’s independence are called ‘Acts’ while those passed by the State Legislative Assemblies except Sabah and Sarawak are called ‘Enactments’. The laws passed in Sabah and Sarawak are called ‘Ordinances’. Besides, Subsidiary legislation. This refers to the rules, regulations, by laws, orders and other instruments made by a person or body in accordance with the powers delegated to him/it under an enabling legislation. Such legislation is an increasingly important source of law because Parliament and the State Legislatures lack the time and expertise to deal with specific technical details.
In addition, unwritten law comprises English common law, judicial precedents, Islamic law and custom laws. English common law and the rules of equity. This is also a very important source of Malaysian law. Sections 3(1) and 5(1) of the Civil Law Act 1956 specifically permit the reception of English common law and equity in Malaysia subject to the limitations contained therein. However, the reception of English law and equity are subject to certain general exceptions. In particular, English law may only be applied where there is no local law governing the matter and if it is suitable to the local circumstances. Judicial precedents refers to the law as developed through cases decided in the superior courts. Sometimes referred to as ‘judge-made law’, it is another very important source of law. Under the doctrine of binding judicial precedent, which is also observed in Malaysia, the decisions of the higher courts must be followed by the lower courts in similar cases. This generally ensures a fair and uniform application of the law. Besides, Islamic law is another important source of Malaysian law, particularly in matters relating to marriage, divorce and inheritance among Muslims. It is only applicable to Muslims. Islamic law is administered at State levels by a separate system of courts called the ‘Syariah’ courts. Moreover, Customs law .This refers to the customs of the local inhabitants which have been accepted as law. It mainly relates to family matters, e.g. marriage, divorce and inheritance. Generally, the customs of Chinese and Indians relating to marriage and divorce are no longer of much importance since the passing of the Law Reform (Marriage and Divorce) Act 1976, which abolished polygamous marriages among them. However the customary laws of the Malays (also called ‘adat’ law) and in East Malaysia, native customary law, continue to be important sources of law.