Malaysian Legal System
SOURCES OF LAW
INTRODUCTION TO THE MALAYSIAN LEGAL SYSTEM
SOURCES OF LAW
The sources of Malaysian law refer to the legal sources i.e. the legal rules that make up the law in Malaysia. The sources of Malaysian law comprise: 1)Written law; and 2)Unwritten law
Federal and State Constitutions Written Legislations & Delegated Legislations
SOURCES OF MALAYSIAN
LAW
Judicial Decision
English law
Unwritten Islamic law
Customary Law
SOURCES OF LAW: UNWRITTEN LAW
Unwritten law is the portion of Malaysian law which is not being enacted by the Parliament or State Legislative Assemblies and is not found in the Federal & State Constitutions. It is found in cases decided by the courts, local customs etc. - The unwritten law comprises the following:
-
i. Principles of English law applicable to the local
circumstances. ii. Judicial decisions of a superior courts e.g. the High Courts, Courts of Appeal and the Federal Court. iii. Customs of the local inhabitants which have been accepted as law by the courts. iv. Islamic law
UNWRITTEN LAW – ENGLISH LAW English law comprises of the common law, the rules of equity and statutes :The common law is the unwritten law which was developed by judges in England based on customs and usages of the society. The common law is recognized and enforced through decisions of courts rather than through parliament or the executive branch of the government. The rules of equity is a body of legal rules formulated and administered by the Court of Chancery in England to supplement the rules and procedures of the common law. Statutes are the laws which are enacted by the legislature/parliament.
Reception and Application of English Law in Malaysia
Started with the informal reception in the Straits
Settlement. Led to the Malay States through the intervention of the British Resident and advisors. As for the Borneo states since they became British protectorates in 1888, they too informally received English
INTRODUCTION TO THE MALAYSIAN LEGAL SYSTEM
SOURCES OF LAW
The sources of Malaysian law refer to the legal sources i.e. the legal rules that make up the law in Malaysia. The sources of Malaysian law comprise: 1)Written law; and 2)Unwritten law
Federal and State Constitutions Written Legislations & Delegated Legislations
SOURCES OF MALAYSIAN
LAW
Judicial Decision
English law
Unwritten Islamic law
Customary Law
SOURCES OF LAW: UNWRITTEN LAW
Unwritten law is the portion of Malaysian law which is not being enacted by the Parliament or State Legislative Assemblies and is not found in the Federal & State Constitutions. It is found in cases decided by the courts, local customs etc. - The unwritten law comprises the following:
-
i. Principles of English law applicable to the local
circumstances. ii. Judicial decisions of a superior courts e.g. the High Courts, Courts of Appeal and the Federal Court. iii. Customs of the local inhabitants which have been accepted as law by the courts. iv. Islamic law
UNWRITTEN LAW – ENGLISH LAW English law comprises of the common law, the rules of equity and statutes :The common law is the unwritten law which was developed by judges in England based on customs and usages of the society. The common law is recognized and enforced through decisions of courts rather than through parliament or the executive branch of the government. The rules of equity is a body of legal rules formulated and administered by the Court of Chancery in England to supplement the rules and procedures of the common law. Statutes are the laws which are enacted by the legislature/parliament.
Reception and Application of English Law in Malaysia
Started with the informal reception in the Straits
Settlement. Led to the Malay States through the intervention of the British Resident and advisors. As for the Borneo states since they became British protectorates in 1888, they too informally received English