Application Of English Common Law In Malaysian Legal System

4 4 the application of english common law and rules of equity limitations under the civil law act 1956 the direction under the civil law act 1956 to apply the common law of england and rules of equity is limited in west malaysia by the cut off date of 7 april 1956.

Application of english common law in malaysian legal system. The answer is because the common law the doctrine of binding precedent or stare decisis is central to the english legal system and to the legal systems that derived from it such as those of australia canada and new zealand. Malaysian legal system sources of law english law 1. Emphasizes the significance of english law for the malaysian legal system. The legal system of malaysia is based upon the english common law.

Article 160 fc law includes written law the common law in so far as it is in operation in the federation or any part thereof and any custom or usage having the force of law in the federation or any part thereof. It is a predominantly common law country with a separate islamic law system. Law of common application or common customs of the people of malaysia. The malaysian legal system is a complex product of its history particularly as a british colony.

However before the arrival of the british in 1826 classical islamic law was one of the main legal sources of the country. The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens. This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s. A precedent is a statement made of the law by a judge in deciding a case.

English law is applied in malaysia is through the common law. Federal and state constitutions legislations judicial decisions english law islamic law and customary law. The malaysian legal system comprises various sources such as. Malaysia open access from the asean law association.

In article 160 of the federal constitution states the definition of law which includes the common law in so far as it is in operation in the federation or any part thereof that concerns the extent to which the english law is applicable in malaysia. There is no doubt that. The law of malaysia is mainly based on the common law legal system. English law includes english common law rules of equity and certain legislations.

Malaysia is a common law country with a distinct common law based legal system. Malaysia practices a mixed legal system applying a mixture of common law islamic law and customary law which aims to balance the racial and religious needs of its heterogeneous people. Islam had arrived in malaysia by around 1303.