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Malaysia Legal System - Coggle Diagram

- - - - Types of customary laws:
        1. Customs of the local inhabitants of Malaysia are also a source of law;
        2. Adat applies to Malays;
        3. Prior to the enforcement of the Law Reform (Marriage and Divorce) Act, 1976, Hindu and Chinese customary law were recognized.
        4. In Peninsular Malaysia there are two main varieties of Malay customary law i.e., adat perpatih and adat temenggung
        5. Is personal law applicable to the natives of Sabah & Sarawak.
        6. Natives are the indigenous people of these two states;
        7. There is a hierarchy of Native Courts in both States exercising jurisdictions over natives in respect of their personal laws such as breach native customs, religion and matrimonial matters;
        8. The Native Court is a court peculiar only to the states of Sabah and Sarawak
    - - Equity - set of legal principles, in jurisdictions following the English common law tradition, which supplement strict rules of law where their application would operate harshly, so as to achieve what is sometimes referred to as “natural justice”
      - Common Law - refers to law & corresponding legal system developed thru decisions of courts and similar tribunals
        
        General Application - Under S.3 Civil Law Act 1956
        Clause 3.(1) Save so far as other provision has been made or may hereafter be made by any written law in force in Malaysia, the court shall-
        
        Case Example :
        a. Choa Choon Neoh v Spottiswode [1869] 1 Ky.216
        b. Kon Thean Soong v Tan Eng Nam [1982] 1 MLJ 323
        c. Shaik Sahied b Abdullah Bajerai v Sockalingam Chettiar [1933] MLJ 81
  - - - Legalisation - enacted by legislative bodies in Malaysia (e.g Acts of Parliament, Ordinances, Enactments etc.)
        
        Subsidiary Legalisation - made by persons under power conferred on them by Acts of Parliaments or State Assemblies