Common Law In Malaysia

Hi all does anyone know whether common law marriage is recognised in malaysia.

Common law in malaysia. The law of malaysia is mainly based on the common law legal system. Common law whether english or malaysian remains a bulwark against executive aggression and interference and transgression of separation of powers. Sebagai contoh malaysia sentiasa mempunyai akta yang diluluskan perundangan regulasi atau peraturan yang dikuatkuasakan cabang eksekutif yang dibenarkan perundangan dan common law juga dikenali. 2416 views asked 8 years ago.

Malaysian federal court 2003 commonlii high court of malaya decisions 1969 commonlii high court of sabah and sarawak decisions 2005 commonlii malaysian legislation commonlii malaysian regulations commonlii journal of malaysian and comparative law commonlii other lii materials concerning malaysia worldlii. Legal systems in asean. It is a predominantly common law country with a separate islamic law system. The law of malaysia is mainly based on the common law legal system that means that english law forms part of the laws of malaysia.

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. The malaysian legal system is a complex product of its history particularly as a british colony. The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens. English common law and the rules of equity apply so far as other provision has been made or may hereafter be made by any written law in force in malaysia and further so far only as the circumstances of the states of malaysia and their respective inhabitants permit and subject to such qualifications as local circumstances render necessary s 3 1.

Common law sebagai berlawanan dengan undang undang akta dan undang undang regulasi. English law was also known as common law which has in malaysia there are two sets of laws that are. 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 constitutional government and the common law. Asked on oct 23 2011 at 09 19 by.

Is common law marriage recognised in malaysia. Never again should the shameful episode of the infamous sacking of tun salleh abbas as the lord president and the other judges of the then supreme and now federal court that precipitated the 1988 constitutional crisis be allowed to repeat. A man and a woman had a traditional marriage but did not register for a civil marriage. The following scenario applies.

Federal laws enacted by parliament of malaysia that apply throughout. Satu maksud adalah untuk membezakan dengan satu pihak kuasa yang menguatkuasakan sesuatu undang undang.