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Sources of Malaysian Law - Coggle Diagram
Sources of Malaysian Law
Unwritten Law
Law which is not enacted by the Parliament and the State Assemblies
Customary Law
Can be found in the customs of the local inhabitants. However, only custom which is
recognised and enforced by the court
is accepted as sources of law
West Malaysia
Adat applies to malays
Adat Perpatih
Matrilineal system
Ancestral property only be inherited by the female descendants or the deceased holder
Land tenure, lineage and election of Lembaga Undang and the Yang di-Pertuan Besar
Applied by Malays in Negeri Sembilan and Melaka (Naning)
Adat Temenggong
Patrilineal system
One belongs to father's lineage
Punishment is imposed as retribution
Applies in other states
Still have legal consequences
East Malaysia
Malay customary law
Applicable to Malay only
Enforced by Shariah Court
Chinese customary law
Applicable to Chinese in Sarawak only
Enforced by civil court
Native customary law
Applicable to non-malay natives only
Enforced by native court
Judicial Decision
Based on the doctrine of binding judicial precedent
Declaratory precedent
A judge applies an existing rule of law without extending it
Original precedent
If the case before without precedent, the decision has to be made based on justice, equity and good conscience
English law
Can be found in the English Common law rules of equity
Not all is applicable in Malaysia
It was based on section 3 & 5 of the Civil Law Act
Islamic law
Limited to Muslims pertaining to personal law matters only
Enforced by Syariah Courts
Civil jurisdiction
Betrothal
Marriage
Divorce
Nullity of marriage
Guardianship/custody of child
Criminal jurisdiction
Matrimonial offences
Offences relating to sex
Offences relating to intoxicating liquor
Punishment
Max
Imprisonment up to 3 years or
Fine up to RM5000 or
Whippingup to 6 strokes or
Combination of all these
Written law
Law that enacted by the Parliament and the State Legislative Assemblies
The Federal Constitution
The supreme law of the Federation - Article 4(1)
Thus, if the law enacted by the Parliament is inconsistent with the Federal Constitution, it may be declared void by the Courts
Legislation
Law enacted by Legislative bodies
Parliament
Legislate law at federal level (Act)
After 1957 - Acts
After 1946 but
before
1957 - ordinances
State Legislative Assemblies
Enactments
Ordinances (Sarawak)
Subsidiary Legislation
Rules & regulation enacted by an authority under powers conferred on it by a statute ( parent legislation)
Other name
Delegated legislation
Subordinate legislation
Secondary legislation
Example
Parent Act - Legal Profession Act 1976
Parent Act - Prevention and Contol of Infectious Diseases Act 1988
The State Constitutions
Each state in Malaysia has its own individual constitution which provide single chamber Legislative Assembly in each state