SOURCES OF MALAYSIAN LAW
Written Law
Unwritten Law
The Federal Constitution
The State Constitution
Legislation enacted by Parliament & State Legislative Assemblies
Subsidiary Legislation
Supreme law of the land - Article 4(1)
Establish
Legislative body
Executive body
Judicial body
Governs relationship between the Federation & its component states
distribution of powers
The Fundamental rights of individual
Freedom of Speech
Assembly
Association
Contains provisions
To regulate the state government
Own constitution
matters concerning the Ruler
The Executive Council
The Legislature
The Legislative Assembly
State employees
Parliament
Laws enacted after 1957
Acts
Laws enacted after 1946 but before 1957
Ordinances
State Legislative Assemblies
All states except Sarawak
Enactments
Sarawak
Ordinances
Rules & regulations enacted by an authority under powers
Example of subsidiary legislation - Parent Act
Employment Act 1955
Legal Profession Act 1976
Prevention and Control of Infectious Diseases Act 1988 (Act 342)
English Law
Judicial Precedents
Islamic Law
Customary Law
English Commercial Law
West Malaysia
Penang, Malacca, Sabah & Sarawak
the principles of English commercial law to be applied is as it stood on the 7th April 1956
applicable in England at the same time period in which the case is heard will apply but since we have many local statues that relate to commercial law they will apply not English law.
Precedent
decisions made by judges
Genereal Rule
Decision of higher courts bind lower courts and some courts are bound by their own decisions
Types
Declaratory Precedent
Original Predecent
enforced by the Shariah Courts
Civil Jurisdiction
Criminal Jurisdiction
betrothal
marriage
divorce
nullity of marriage
guardianship
custody of infants
matrimonial offences
offences relating to sex
offences relating to intoxicating iqour
Maximum Punishment
imprisonment up to 3 years
fine up to RM 5000
whipping up to 6 strokes
combination of all these
Adat Perpatih
Adat Temenggong
matrilineal system
patrilineal system
Malay customary law
shariah court
Native customary law
native court
Chinese customary law
civil court