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Sources of Malaysian Law - Coggle Diagram

- - - - establish organs of the federations that is legislative body, judicial body, and executive body.
      - governs relationship between federation and its component states particurlary on distribution of powers between federal and state government.
      - provides a fundamental rights of individuals.
    - - each state in Malaysia has its own constitution which contain provisions to regulate the state government
      - the state constitution contains provisions among others on
        
        matters on concerning the ruler
        
        the executive council
        
        the legislature
        
        the legislative assembly
        
        state employees
    - - Parent Act- Employment Act 1955
      - Parent Act- Legal Profession Act 1976
      - Parent Act- Prevention and Control
        of Infectious Diseases Act 1988
        (Act 342)
    - - legislation refers to laws enacted by legislative bodies
      - in Malaysia, laws are legislated by parliament at federal level and by the various state legislative assemblies at state level.
  - - - the application of english law is subject in two limitations:
        
        Absence of local law
        
        Suitability to local circumstances
    - - Malaysian law can also be found in the judicial decisions
        of the High ourt, Court of Appeal and the Federal Court.
      - Judicial decisions are based on the doctrine of binding
        judicial precedent
      - General rule of judicial precedent :
        Decision of higher courts bind lower courts and some courts are bound by their own decisions.
    - - Customary law can be found in the customs of the local
        inhabitants.
      - Only custom which is recognized and enforced by the courts is accepted as one of the sources of law. Generally, customs relating to family law (marriage, divorce, inheritance) are given legal force by the court in Malaysia
    - - The application of Muslim law is limited to the
        Muslims pertaining to personal law matters only
      - Islamic law is enfirced by shariah courts .
        Examples of civil jurisdiction of Syariah courts:
        betrothal, marriage, divorce, nullity of marriage,
        guardianship or custody of infants
        Examples of criminal jurisdiction:
        matrimonial offences, offences relating to sex,
        offences relating to intoxicating liqour