Please enable JavaScript.

Coggle requires JavaScript to display documents.

MALAYSIA LEGAL SYSTEM 2, LEGISLATION, SUBSIDIARY LEGISLATION - Coggle…

- - - - COMMON LAW
      - EQUITY
  - - - SOURCE
        
        Sacred law of Islam revealed through Prophet Muhammad (p.b.u.h) in the Quran and Sunnah
      - APPLICABLE TO
        
        Muslim
      - MATTERS
        
        Family, Marriage, Inheritance, Muslim Conduct
      - ADMINISTRATION
        
        Majlis Agama Islam, Mufti, National Fatwa Committee
    - - Article 3 – Islam religion of the Federation
      - Article 11(A) - restrict the propagation of other religion on Muslims
      - Article 121(1A) – High Court cannot interfere with matters in Syariah Court
      - Article 12 (2) lawfully to maintain Islamic Institution
- - - - Court has power to make judicial review and declared the law would be ultra vires either substantive and procedural
    - - Legislature will delegated power by an enabling statute may repeal the statute or revoke or vary the delegated power.
    - - Refer to certain professional bodies
    - - Publish the Subsidiary Law
- - - - •There is no local law governing the matter
      - •If it is suitable to the local circumstance
    - - •The law as developed through cases decided in the superior courts. Sometimes referred to as ‘judge-made law.’
      - •Under the doctrine of binding judicial precedent, the decisions of the higher courts must be followed by the lower courts in similar cases.
      - •This generally ensures a fair and uniform application of the law
    - - •This refers to the customs of the local inhabitants which have been accepted as law. Customs are proved through repeated acts practised over long period of time, leading to conclusion that by common consent they have become accepted norm, or the law of the place, exclusion of ordinary law.
      - •It mainly relates to family matters, e.g. marriage, divorce and inheritance.
      - •E.g. Customary laws of the Malays also called ‘adat’ law and in East Malaysia, native customary law, Hindu and Chinese customary law applied to the Hindus and Chinese respectively