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Mdm Namirah bt
Mohd Akahsah
namirah @iic.edu.my
013-2755741
SOURCES OF
MALAYSIAN LAW
INTRO
TO
CONCEP
T OF
LAW
Discussio
n Points
What is law?
What are classification of Law?
What is Law ?
LAW IS A SET OF RULES THAT GOVERN AND
LAW
ETHICS
Classification of Law
Common Law
Islamic Law
Public Law
Administrative
Private Law
International Law
Criminal
Contract
Constitutional
Law
Tort
Public IL
Industrial
Trust
Private IL
INTRO
TO
SOURCE
S OF
LAW
Discussio
n Points
Meaning of sources?
What are the main sources of
Malaysian Law?
Federal
Constitution
State
Constitution
Subsidiary
Legislation
Principles of
English Law
Judicial
Decisions
(Precedent)
Custom
Islamic Law
applies to all
persons who are
Muslims and is
of particular
importance in
matters relating
to family
disputes or
Statutes
Subsidiary legislation
2. STATE CONSTITUTION
Each states possesses its own constitution
3. LEGISLATIONS
Refers to laws enacted by a body constituted
Unwritten law
1. ENGLISH LAW
Sect 3(1) of Civil Law Act 1956 in Peninsular Malaysia, the
courts shall apply the common law of England and the rules of
equity as administered in England on 7 April 1956.
In Sabah & Sarawak courts shall apply the common law of England
and rules of equity together with statutes of general application as
administered in England on 1 December 1951 and 12 December
1949.
HW, the application of law of England in Malaysia is subject to two
limitation (proviso sect 3(1) Civil Law Act) :
1) applied only in the absence of local statutes on the particular
subjects (local law takes precedence over English Law as the latter is
only to fill in the lacuna in the legal system in Malaysia)
2) Only part of EL that is suited to local circumstances will be applied
2. JUDICIAL DECISIONS
Judicial decision of the Hg ct, COA and the FCt.
Judges do not decide solely on their own. They are bound
DOCTRINE OF
BINDING
The decisions of higher ct bind lower courts and some
PRECEDENT??
courts are bound by their own decisions.
** when determining a dispute before the ct, judges will
3. CUSTOMS
Custom of the local inhabitans - source of law.
Custom relating to family law are given legal force by the ct in
Malaysia.
(i) Sbah & Srwak : native customary laws apply in land
dealings over native customary lands and family matters
where natives subject themselves to native customary laws.
(ii) Peninsular Msia : two main varieties of Malay Customary
Laws
- ADAT PERPATIH : prevalent in N9 & Naning,Malacca,
matters such as land tenure, lineage, the election of lembaga,
undang, Yg Di pertuan besar MATRILINEAL SYSTEM
- ADAT TEMENGGONG : originated from Palembang, Sumatra,
PATRILINEAL SYSTEM
ISLAMIC LAW
Part of Malaysian law especially on family and
religious matters.
FC provides each state has the power to
administer Muslim Law
Head of religion in a state is SULTAN
HW, for penang, malacca, sabah Sarawak and
the Federal Territories - YANG DIPERTUAN
AGUNG
Court which enforce Muslim law Syariah court
APPLIIES TO MUSLIMS ONLY