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
