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SOURCES OF MALAYSIAN LAW, being enacted by Parliament (federal level)…
SOURCES OF MALAYSIAN LAW
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Federal Constitution
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establish the organs of the Federation that is legislative
body, executive body and judicial body
governs relationship between the Federation and its component states particularly on distribution of powers between federal and state government
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State Constitutions
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each state in Malaysia has its own constitution which contains provisions to regulate the state government
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Legislation
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laws are legislated by Parliament at federal level and by the various State Legislative Assemblies at state level.
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Judicial Decisions
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General Rule of Judicial precedent : Decision of higher courts bind lower courts and some courts are bound by their own decisions
Precedents are basically decisions made by judges previously in similar situations. A judge must apply the principles laid down by judges previously in similar situations.
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English Law
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part of the laws of Malaysia. English law can be found in the English common law and rules of equity
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Customary Law
In west Malaysia, adat applies to Malays. Prior to the enforcement of Law reform (Marriage and Divorce ) Act 1976, Hindu and Chinese Customary law applied to the Hindus and Chinese respectively
Adat Perpatih : based on matrilineal system. Ancestral property is only be inherited by the female descendants of the deceased holder
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In East Malaysia customary law can be divided into Malay customary law, native customary law and Chinese customary law.
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Islamic Law
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maximum punishment can be imposed by Syariah courts is imprisoned up to 3 years or fine up to RM5000 or whipping up to six strokes or combination of all these
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- being enacted by Parliament (federal level) and State Legislative Assemblies (state level).
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- laws enacted by Parliament after 1957 are called Acts
- laws enacted by Parliament after 1946 but before 1957 are called ordinances
- law made by State Legislative Assemblies (except in Sarawak) are called Enactments.
- laws in Sarawak are called ordinances
- not enacted by either the Parliament or the State Assemblies. Neither are they found in the Federal or the State constitutions
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- suitability to local circumstances
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