Chinese Customary Law In Malaysia

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Chinese customary law in malaysia. Chinese hindu and malay customary law. Besides that natives in sabah and sarawak have their own customary law which relates to the land and family matters. This missing link is the judicial process. Law includes customs and usages having the force of law 4.

Customary law as source of malaysian law malaysian legal system custom as a source of law customs may be sources of law. It has been used because a husband was deliberately avoiding the customary wedding ceremony after registering their marriage. They arise out of the social mores and practices of a people. Malaysia s legal system comprises laws which have arise from three significant periods in malaysian history dating from the malacca sultanate to the spread of islam to southeast asia and following the absorption into the indigenous culture of british colonial rule which introduced a.

However they depend on an additional process before they can be appropriately viewed as legal sources. In tan siew choon v tan kai ho 1973 2 mlj 9 the couple agreed that there would be a chinese customary wedding ceremony after their marriage registration and they understood between each other that they would not live together or have sexual intercourse until after. Hindu and chinese customary law applied to the hindus and chinese respectively. 20 there are examples of the application of chinese customary law six widows case 1908 12 sslr 120 which recognized polygamy amongst the chinese.

Chinese hindu and malay customary law. In malaysia there are two types of adat which is the adat perpateh and adat temenggung. Please sign in or register to post comments. Custom rooted from the ancient custom of the people it is the customs which are accepted as binding and enforceable by the court customary law in malaysia there is no customary law of general application in malaysia malay customary law applies to the malays chinese customary law applies to the chinese hindu customary law applies to the followers of hinduism.

Malaysia practices the mixed legal system which includes the common law islamic law and customary law. Cheang thye pin v tan ah loy 1920 ac 369 pc. Guesticn in uhar th. Malaysia legal history preview text chinese customary law in the early days of british administration chinese customary law had survived and administered by chinese headman or capitan.