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Malaysian Legal System - Coggle Diagram

- - - - The law that being enacted by the Parliament and the State Legislative Assemblies
    - - Federal Constitution
        
        The supreme law of Malaysia and contains a total of 183 articles.
      - State Constitution
        
        Each state in Malaysia has its own constitution which
        contains provisions to regulate the state government
        
        Containts
        
        Matters concerning the Ruler
        
        Executive Council
        
        Legislature
        
        Legislative assembly
        
        State employees
      - Legislation
        
        Legislation refers to laws enacted by legislative bodies which legislated by Parliament at Federal Level and by the various State Legislative Assemblies at state level.
      - Subsidiary legislation
        
        Subsidiary legislation refers to rules and regulations enacted by an authority under powers conferred on it by a statue
        
        Example
        
        Parent Act- Employment Act 1955
        
        Parent Act- Legal Profession Act 1976
        
        . Parent Act- Prevention and Control of Infectious Diseases Act 1988 (Act
        342)
  - - - The law that found in the Federal or the State Constitution
    - - Judicial Law
        
        Judicial decisions are based on the doctrine of binding
        judicial precedent
        
        Rule : Decision of higher courts bind lower courts and
        some courts are bound by their own decisions
        
        Types of judicial precedent
        
        Declaratory Precedent
        
        A judge applies an existing rule of law without
        extending it
        
        Original Precedent
        
        The decision has to be made based on justice without the precedent.
      - Islamic Law
        
        Enforced by the Shariah court which posses civil & criminal jurisdiction
        
        Maximum punishment by Islamic Law
        
        Imprisonment up to 3 years
        
        Fine up to RM5000
        
        Whipping up to six strokes
        
        Example
        
        Civil Jurisdiction
        
        Betrothal, marriage, divorce, nullity of marriage,
        guardianship or custody of infants
        
        Criminal Jurisdiction
        
        Matrimonial offences, offences relating to sex,
        offences relating to intoxicating liqour
      - English Law
        
        English Law forms part of the laws of Malaysia. English law can be found in the English common law and rules of equity.
        The application of English law in Malaysia is based
        on section 3 and 5 of the Civil Law Act
        
        English law is
        subject to two limitations
        
        Absence of local law
        
        Suitability to local circumstances
      - Customary Law
        
        A law that can be found in the customs of the local
        inhabitants
        
        West Malaysia
        
        Divided by
        
        Adat Temenggong
        
        Adat temenggong is based on patrilineal system which is practised in the rest of the states
        
        Adat Perpatih
        
        Adat perpatih is based on matrilineal system
        
        East Malaysia
        
        Divided by
        
        Malay Customary Law
        
        The law is applicable to Malay only and is
        enforced by the Syariah court
        
        Native Customary Law
        
        The law is applicable to non-malay natives
        and is enforced by the native court
        
        Chinese Customary Law
        
        The law is applicable to Chinese in Sarawak
        only and is enforced by the civil court