Sources of Malaysian Law
Written Law
Unwritten Law
The State Constitution
Legislation enacted by Parliament and State Legislative Assemblies
The Federal Constitution
Subsidiary Legislation
Supreme law of the land
Federal Constitution among others
Provides fundamental rights of individuals
Governs relationship between federation and its component states
State Constitution contains provisions on matters concerning the ruler
Each state in Malaysia has its own constitution which contains provisions among others
Legislature
Executive Council
Legislative Assembly (Dewan Undangan Negeri)
State Employee
Law enacted by legislative bodies
Laws legislated by Parliament at federal level, and State Legislative Assemblies at state level
Acts: Laws enacted >1957
Ordinances: Laws enacted >1946, <1957
Rules and regulations enacted by an authority under powers conferred on it by a statute
Parent Act- the Act, Enactment or Ordinance that confers power to the relevant authority to make the subsidiary legislation
click to edit
deals with the details about which legislature has nither the time nor the technical knowledge to enact laws
Judicial Precedents
Islamic law
English Law
Customary law
Forms part of the laws of Malaysia
Not all of English law applicable in
Malaysia
The application of English law in Malaysia is based
on section 3 and 5 of the Civil Law Act
Application of English law is
subject to two limitations
Absence of local law
Suitability to local circumstances
Malaysian law can also be found in the judicial decisions
of the High ourt, Court of Appeal and the Federal Court
Decision of higher courts bind lower courts and
some courts are bound by their own decisions.
Types of Judicial Precedents
Declaratory Precedent
Original Precedent
a judge applies an existing rule of law without
extending it
if the case before the judge is without precedent, then the decision has to be made based on justice, equity and good conscience
Limited to the Muslims pertaining to personal law matters
Islamic law is enforced by the Shariah courts
betrothal, marriage, divorce, nullity of marriage, guardianship or custody of infants
Punishment can be imposed by Syariah courts
imprisonment up to 3 years
Whipping up to six strokes
fine up to RM5000
Combination of all the above
Customs of the local inhabitants
Customs relating to family law (marriage, divorce, inheritance) are given legal force by the court in Malaysia
Native customary law- applicable to non-malay natives
and is enforced by the native court
Chinese customary law- applicable to Chinese in Sarawak
only and is enforced by the civil court
Malay customary law- applicable to Malay only and is
enforced by the Syariah court