Malaysian Legal System
Judicial Decision
Pecisions of the superior court judges constitute Malaysian Law
Decisions based on doctrine of binding judicial
precedent
original precedent
declaratory precedent
Purpose Of Law
CIVIL OFFENCES (private wrong)
CRIMINAL OFFENCES (public wrong, offences against state)
Classification of Law
publlic law
criminal law
constituitional law
international law
public international law
private international law
private law
contract
tort
trust
Definition Of Law
OXFORD-the body of enacted or customary rules recognised by a community
LAW-body of rules which are recognised & enforced by the state
Islamic Law
Administration
Each enactment establishes council of religion as a legislative body.
Muslim
Personal Law Matters
Function of counncil
Making rules: collection, administration, and division of zakat.
Enforcement of Muslim Law
Syariah courts (to decide on cases provided by the enactment).
English Law
Common Law
Equity
Applications:
-S.3&5 Civil Law 1956
-S.3-General application of English Law
2 Limitations:
absence of local statute
suitabitly to the local circumtances
Statute
Sources Of Law
written
federal and state constitution (Enshrines the basic of fundamental rights of individuals).
legislation enacted by parliament (Act) & state assemblies (enactment) subsidiary legislation.
English Law
judicial decision
Iislamic law