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Sources of Malaysian Law - Coggle Diagram
Sources of Malaysian Law
Written Law - being enacted by P&SLA
The Federal Constitution
Provides the fundamental rights of individuals (Freedom of speech, assembly and association)
The State Constitutions
Contains provisions to regulate the state government
Legislation
a. Parliament
Federal Level
After 1957, Called Acts
1946-1957, Called Ordinances
b. State Legislative Assemblies
State Level
Called Enactments (except in Sarawak - Ordinances)
Subsidiary Legislation
Also referred to as delegated/subordinate/secondary legislation
Made as stipulated by the Parents Act
Refers to rules and regulations enacted by an authority under powers conferred on it by a parent legislation
Unwritten Law - not enacted by P/SLA
English Law
Limitations: Absence of local law, suitability to local circumstances
Forms part of the laws of Malaysia (not all applicable), based on section 3, 5 (English Commercial Law) of the Civil Law Act
Judicial Decision
Based on doctrine of binding judicial precedent
2 Types
a. Declaratory Precedent - existing and no extend
b. Original Precedent - if no precedent, decision made based on justice, equity and good conscience
Customary Law
Customs of the local inhabitants in Malaysia
a. Apply in West Malaysia
Malay customary law
Adat Perpatih - Matriilineal system
Adat Temenggong - Patrilineal system
b. Apply in East Malaysia
Chinese Customary Law - apply to Chinese in Sarawak, enforced by civil court
Native Customary Law - apply to non-maly natives, enforced by native court
Malay Customary Law - apply to Malay, enforced by Syariah court
Islamic Law
Limited to Muslims pertaining to personal law (law apply to particular group like race/religion) matters