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Malaysian Legal System

The Malaysian legal system is a complex framework combining various classifications of law, including international, public, and private law. It encompasses both criminal and civil offences, with sources of law stemming from written legislation enacted by parliament and state assemblies, as well as unwritten sources like English and Islamic law.

Malaysian Legal System

Malaysian Legal System

Sources Of Law

unwritten
Iislamic law
judicial decision
written
legislation enacted by parliament (Act) & state assemblies (enactment) subsidiary legislation.
federal and state constitution (Enshrines the basic of fundamental rights of individuals).

English Law

Statute
Equity
-S.3-General application of English Law

2 Limitations:

suitabitly to the local circumtances

absence of local statute

-S.3&5 Civil Law 1956
Applications:
Common Law

Islamic Law

Enforcement of Muslim Law
Syariah courts (to decide on cases provided by the enactment).
Function of counncil
Making rules: collection, administration, and division of zakat.
Personal Law Matters
Muslim
Administration
Each enactment establishes council of religion as a legislative body.

Definition Of Law

LAW-body of rules which are recognised & enforced by the state
OXFORD-the body of enacted or customary rules recognised by a community

Classification of Law

private law
trust
tort
contract
international law
private international law
public international law
publlic law
constituitional law
criminal law

Purpose Of Law

CRIMINAL OFFENCES (public wrong, offences against state)
CIVIL OFFENCES (private wrong)

Judicial Decision

Decisions based on doctrine of binding judicial precedent
declaratory precedent
original precedent
Pecisions of the superior court judges constitute Malaysian Law