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Sources Of Malaysian Law 1200px-Coat_of_arms_of_Malaysia.svg (Formal…

- - - - Shariah: Laws based on the Holy Quran and the teachings of the Holy Prophet (PBUH)
      - Qanun: man made laws established by Muslim sovereigns.
- - - - Doctrine of Stare Decisis: The doctrine states that where the facts are the same or almost alike, the previous judicial decisions must be followed. Hence, the subsequent judge cannot ignore the decision of the previous case and make his own decision.
      - Obiter Dictum: This is a statement of law made by a judge as an additional illustration to the case, tt may also be made to further emphasise the main decision.
      - Ratio Decidendi: Whenever a court makes a decision, it must give the legal reasoning, this legal reasoning is termed ratio decidendi.
    - - Equity: Was developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. Equity is based on a judicial assessment of fairness as
        opposed to the strict and rigid rule of common law.
      - Common Law: Body of rules or judicial decisions developed by the old common law courts – Court of Exchequer, Court of Common Plea and Court of Kind’s Bench.
    - - Indian customary law consists of matters of polygamous marriage and joint family property had been discussed by the judiciary. The court recognizes polygamous marriages in Indian customs.
      - Chinese customary law was introduced for Chinese immigrants that arrived in the 19th century and are applicable to all Chinese living in Malaysia.
      - Orang Asli customary law applicable to Orang Asli in Peninsular Malaysia
      - Malay customary law
        
        Adat Perpati: Negeri Sembilan and some areas of Naning in Melaka. Passed down from generation to generation originated by Dato' Parapatih Nan Sabatang and is Democratic in nature and consists of Matrilineal customary law
        
        Adat Temenggung: Other states in Malaysia except Sabah & Sarawak. Originated by Dato' Katumanggungan, Aristocratic rules that tend to define a crime as an infringement of the ruler's prerogative. Autocratic patrilineal customary law said to have
        Hindu infuence which have the notions of caste and male dominance and later by Islamic law
      - Native customary law for non-muslim indigenous communities in Sabah & Sarawak.
  - - - Bills: A proposed legislation under consideration by a legislature
        
        Private Bills: Bills of local and private concern.
        
        Hybrid Bills: Bills of public matter which may affecti nterest of privatebodies/persons
        
        Public Bills: Bills of general public interest such as national
        defence, public order & taxation.
      - Process
        
        Pre-Parliamentary
        
        Experts and interested outside bodies may be consulted.
        
        Sent the proposal to the Parliamentary Draft person in the Attorney General’s Chambers.
        
        The proposal becomes bill.
        
        The bill is ready to be introduced to parliamentary
        
        Cabinet gives approval for the bill.
        
        Proposal discuss at Ministry level
        
        Parliamentary
        
        Second Reading: The Minister will present the outline of the bill and the house will then debate on it, If the bill receives a simple majority vote of 2/3 then it will proceed to the committee stage.
        
        Committee Stage: If the Bill required more detail and scrutiny, the House may refer the Bill to a selected committee for a less formal discussion of the Bill, the Minister moves the motion for the Bill to be reported to Dewan.
        
        First Reading: When a bill is first introduced by one of the two houses, only the title is actually read. After the Bill is passed at this stage, the text is printed and distributed.
        
        Third Reading: Review of the Bill. Substantive amendments are not allowed except with permission of
        the Speaker of the Dewan. If agreed, the Bill will be passed to Dewan Negara.
    - - Enactments
        
        State Laws
        
        Published in the state gazettes
      - Ordinances
        
        the state Legislative Assembly laws in Sarawak.
      - Acts
        
        laws enacted by parliament (Dewan Rakyat & Dewan Negara)
        
        Revised Act: Civil Law Act 1956 (Revised 1972)
        
        Central Bank of Malaysia Act 1958 (Act 519)(Revised 1994) (Revised 1974)
        
        Consolidated Act: Bring together simple Act or more on specific matters such as Interpretation Acts 1948 and 1967 (Consolidated and Revised 1989)
        
        Amendment Act: Employment Act 1955 (Amendment 2012)
        
        National Library (Amendment) Act 1987
        
        Principal Act
        
        Contracts Act 1950
        
        Companies Act 2016
        
        Sedition Act 1948
        
        Adoption Act 1952
    - - Article 8 Equality
      - Article 12 Rights in respect of education
      - Article 5 Liberty of the person
    - - Ministers: A group of executives led by the Prime Minister, however, they are appointed by the YDPA
      - Local Government Authorites
      - Yang di-Pertuan Agong: The constitutional head of the Malaysian government.