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Malaysian Legal System-2021
Malaysian Legal System-2021
SYSTEM
Introduction to law
What is law?
Example of law?
INTRODUCTION TO LAW
Definition of law
1. WRITTEN LAW
Written law is the law being enacted by Parliament
(federal level) and State Legislative Assemblies (state
level).
2. Unwritten law
Law which is not enacted by either the Parliament or the
State Assemblies. Neither are they found in the Federal or
the State constitutions.
English Law
Section 3 (1) Civil Law Act 1956
-in the absence of local legislation in Peninsular Malaysia,
the courts shall apply the common law of England and the
rules of equity as administered in England on the 7th of
April, 1956. In Sabah and Sarawak, the courts are required
to apply the English common law and rules of equity
together with statutes of general application, as
administered or in force in England on the 1st of December
1951 and the 12th of December 1949 respectively.
English law
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Application of English Commercial Law
What is precedent?
Precedents are basically decisions made by judges
previously in similar situations. A judge must apply the
principles laid down by judges previously in similar
situations.
Judicial Precedent
1. Declaratory Precedent
2. Original Precedent
1. Declaratory precedent
- a judge applies an existing rule of law without
extending it
2. Original precedent
-if the case before the judge is without precedent,
then the decision has to be made based on justice,
equity and good conscience.
Islamic law
Adat perpatih
- based on matrilineal system. Ancestral property is only be inherited
by the female descendants of the deceased holder
Adat temenggong
-is based on patrilineal system which is practised in the rest of the states
Customary law